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Don’t leave it too late to prepare an LPA

By | Financial Planning

We would all like to think that we are able to manage our affairs successfully, and will continue to be able to do so in the future. However, an increasing number of people are affected by illnesses such as Alzheimer’s or Dementia, which can mean that individuals are no longer able to make decisions for themselves.

According to Alzheimer’s Research UK, almost 950,000 people in the UK are living with Dementia,  with this number projected to rise to 1.6 million people by 2040. A person’s risk of developing Dementia is 1 in 14 over the age of 65; however, this illness sadly affects younger people too, with over 42,000 people under the age of 65 being diagnosed with Dementia.

These very sad statistics underline how important it is to consider what would happen if you lost capacity to manage your affairs. Setting up a Lasting Power of Attorney (LPA) is straightforward and can make sure your loved ones can make the important decisions about your health and your financial wealth on your behalf, should you become incapacitated through ill health or accident.

 

What is an LPA?

An LPA is a legal document that lets you appoint someone you trust to make decisions on your behalf, should you become unable to make those decisions for yourself in the future. There are two different types of LPA, one covering Property & Affairs (e.g. property, investments and assets) and Health & Welfare (which covers health care and medical treatment).

You can choose to set up one or both types of LPA, and you can nominate the same person or elect to have different attorneys for each. Preparing an LPA doesn’t mean that you instantly lose control of the decisions that affect you. For the Property & Affairs LPA, you can be specific about when the attorney can take control when preparing the LPA, and in respect of the Health & Welfare LPA, this can only be used once capacity to make decisions has been lost.

All LPAs must be registered at the Office of the Public Guardian, which is the government body responsible for the registration of LPAs before they can be used.

 

Who to appoint as your attorney

Choosing the right attorney or attorneys is an important decision to reach. You can nominate anyone to be your attorney, provided they are 18 years old or older, and are not bankrupt.

The person, or people, you choose needs to be someone that you trust to make decisions for you, and will be able to act responsibly and in your best interests.

 

The risk of not preparing an LPA

If you lose mental capacity and don’t have an LPA arranged, this can leave loved ones with significant worry, and could potentially have ramifications for the individual’s personal finances.

If an LPA has not been prepared, and mental capacity is lost, an application will need to be made to the Court of Protection, for an individual to become your appointed ‘deputy’. This deputy will then make financial decisions on your behalf. The Court has the final say as to who is appointed, and this may not align with your wishes.

The process of making a Court application is long-winded, with applications taking many months to be heard and then approved. This could lead to significant issues for ongoing financial transactions, such as investment management, or the purchase or sale of a property. Directors and Business owners are at particular risk, as loss of capacity could lead to the situation where no individual is authorised to run the business.

Furthermore, using a Solicitor to support a Court Deputyship application can lead to expensive costs, that could be avoided by preparing an LPA in advance.

 

LPAs and Investment Advice

When an individual loses capacity, attorneys will often seek independent financial advice in respect of assets held by the donor of the power. For example, we are often asked to provide investment advice to attorneys where the donor has moved into long term care, and their property has been sold, leaving a cash sum upon which investment advice is needed.

It is important to recognise that an attorney appointed by an LPA is generally not permitted to delegate responsibility to another individual, without express permission by the Court of Protection. This has an impact when an individual holds investments that are managed under an existing Discretionary Management agreement, and then loses capacity to manage their affairs.

This can be overcome by inserting specific wording in the LPA document when it is prepared, which provides express permission to delegate investment management decisions to an existing or new discretionary investment manager. The view of the Court has, however, changed over the course of the last year, and it appears the Court is taking a more practical view when these situations arise.

 

Don’t leave it too late

Given the sad prevalence of cognitive decline in the population, we can’t stress enough the importance of preparing an LPA document. Most people appreciate the importance of making a Will to deal with affairs and assets on death, but perhaps don’t place the same emphasis on preparing an LPA. Failing to take this step can lead to unnecessary stress for loved ones, and potentially leave the individual exposed to significant risks in respect of investments, property or business assets. We strongly recommend that all individuals consider preparing an LPA, either in conjunction with a review of their existing Will, or separately.

 

How we can help attorneys

Whilst the focus is often placed on the importance of ensuring an LPA is in place, attorneys appointed under an LPA can often find themselves thrown in at the deep end when trying to manage the finances of the donor. At FAS, we have considerable experience in assisting attorneys to understand assets held by the donor of the power, and can provide independent advice on existing investments, or how best to invest cash funds held by the donor. Give one of our experienced Advisers a call if you require assistance.

If you would like to discuss the above further, then contact one of our experienced advisers here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

 

Newspaper headline 'Markets' - Kwasi Kwarteng statement market update

Market Update – when others are fearful…

By | Investments

The events since Friday

Much has happened in markets since Kwasi Kwarteng began his statement to the Commons on Friday morning. Currency markets reacted first, with the Pound slipping further against a strong Dollar, reaching an all-time low (at the time of writing) of $1.05, and also losing ground against the Euro. The price of Gilts – loans issued by the UK Government to fund its liabilities – also fell heavily, as investors sold off the bonds, leaving the Government with a higher interest bill on existing debt.

The perception from global investors appears to be that UK economic policy is heading in the wrong direction. Announcements from the Chancellor that a spending review and full statement would follow in late November did little to improve the mood of Sterling or Gilt markets, and following a fall in Gilt prices on Tuesday, the Bank of England announced a return to Quantitative Easing, by starting to purchase longer dated Gilts in unlimited quantities, albeit for a limited period, which has helped stabilise long dated Gilt prices. This move came after concerns were raised by defined benefit pension trustees, where final salary pension liabilities, which are largely linked to Gilts, came under financial pressure.

There have been calls for the Bank of England to raise interest rates ahead of the next scheduled meeting on 3rd November; however, the Bank has resisted these calls, for now at least, but a large increase in base rates is expected at this meeting. As a result of the expected higher interest rates, mortgage lenders have been pulling fixed rate deals from the market and relaunching the same deals with higher rates. This is likely to have a dampening effect on the UK housing market.

We wait to see what effect the Bank of England’s actions will have, although we see the intervention in Gilt markets as being necessary given the weakened sentiment. The International Monetary Fund and currency markets have given their initial opinion on the fiscal announcements made by the new Government, and we would anticipate further moves will be made by both the Treasury and Bank of England to calm markets over the coming days and weeks.

 

The impact for UK investors

Sterling’s weakness is something of a double-edged sword for UK investors. As the UK are net importers of goods and services, a weak currency pushes up the price of these imported goods and stokes the inflationary fire already ablaze. This, together with the general market perception of the strength of the UK economy, will likely lead to higher interest rates as the central bank tackles inflation.

For holders of UK shares, however, a weak Pound may be beneficial, particularly if the company generates profits overseas. And holders of Global Equities have seen losses largely cushioned by Sterling’s weakness. This underlines the importance of holding a globally diversified portfolio – a key component of our investment strategies – in these conditions.

For investors in Fixed Interest securities, this has been an uncomfortable period. Bonds tend to be assets that provide stability in times when Equities markets are volatile; however, the rapidly increasing inflation and higher interest rate expectations have sent Bond prices lower over the course of the year. As a result, Bond yields have now risen to attractive levels and both Investment Grade and High Yield Bonds are offering good value to investors who are happy to take a medium to long term view.

 

Markets always look forward

In conditions such as those we are experiencing at the present time, it is important to remember that markets are a discounting mechanism, reflecting future earnings that companies will generate. As such, the difficult market conditions seen over the course of this year will, to some extent, have already discounted the impact of higher inflation and interest rates on the global economy. This discounting of future earnings can provide opportunities for investors. This is a view shared by leading Fidelity fund manager Aruna Karunathilake who commented earlier this week “We are getting excited by the opportunities in the market – not because the outlook is improving, in fact the opposite is true, but because this very negative outlook is now being reflected in share prices in selected areas of the market.”

Looking a little further ahead, we continue to expect inflationary pressures to abate over the course of the next 12 months. The expected slowdown in the global economy, together with the monetary policy decisions taken by central banks, should bring inflation back down to more modest levels, and, indeed, inflationary pressures could ease significantly should progress be made towards a resolution in the conflict between Russia and Ukraine.

On the assumption that inflation falls back next year, the focus will then shift to see whether central banks can begin to unwind the base interest rate increases seen over the course of this year, and provide monetary stimulus to kick-start growth.

 

The importance of diversification

Clearly the events of the last few days have rattled Bond and Currency markets, and time will tell whether further intervention or policy change will be forthcoming. However, for investors willing to take a medium to long term view, these conditions present a number of interesting opportunities. As renowned investor Warren Buffett famously quipped, “be greedy when others are fearful”.

Market performance over this year has only served to reinforce our conviction in global investing. Holding assets in a diversified portfolio, with money allocated across western economies, can provide shelter when specific localised concerns arise, such as we are seeing in the UK at the current time.

Given the slowing economy, it is also apparent that investors should look to focus on the strongest companies through this period, be they through Equity or Bond investment. Companies with good levels of cash flow, resilient earnings and the ability to pass on price increases to their customers should be able to withstand the testing conditions.

At FAS, our Investment Committee will continue to stay in close contact with fund managers and we will remain watchful for opportunities in the current conditions.

If you would like to discuss markets further then speak to one of our experienced advisers here.

 

Fidelity Risk Warning
Important information: Investors should note that the views expressed may no longer be current and may have already been acted upon. Overseas investments will be affected by movements in currency exchange rates. Investments in emerging markets can be more volatile than other more developed markets. This information is not a personal recommendation for any particular investment. If you are unsure about the suitability of an investment you should speak to an authorised financial adviser.

Graphic illustrating Budget planning 2022-2023 - The Not-so “Mini” Budget

The Not-so “Mini” Budget

By | Financial Planning

Simply announced as a “fiscal event”, the series of announcements made on Friday may well have more impact than many full-blown Budgets have had over recent years. Aimed at delivering growth, the Chancellor reversed a number of policy decisions and announced some surprise measures in the statement, too.

 

Additional Rate scrapped

Perhaps the most eye-catching of the announcements was the removal of the 45% Additional Rate Income Tax band. This rate is currently payable on income earned over £150,000. From 6th April 2023, the maximum rate of Tax payable on income will be 40%.

We await clarification in respect of the impact this could have on Trusts. Currently, Discretionary Trusts pay tax equivalent to the additional rate (45% on Trust income over the first £1,000 of income, and 39.35% on dividends) and it is not, at this stage, clear whether Trusts will realign with the new highest rate of Income and Dividend Tax. Further information is likely to be revealed when the Finance Bill is published.

With the removal of the Additional Rate Band, the Personal Savings Allowance of £500 will also become available to those whose income is currently within the Additional Rate Band. Under the current rules, anyone with income over £150,000 does not benefit from the Personal Savings Allowance, which covers the first £500 of savings income.

 

Income Tax cut brought forward

Previously announced as a policy measure due to come into force in 2024, Kwarteng has brought forward the 1p cut in the basic rate of Income Tax by 12 months, to take effect from 6th April 2023. The basic rate of tax will fall from 20% to 19%, and this will apply to earned and savings income. The current rate of relief of 20% will be maintained for Gift Aid charity donations until April 2027.

 

Reverse over Social Care

Previously announced by former Chancellor Rishi Sunak, the Government have reversed the planned policy decisions designed to raise funds to help provide for the social care budget. The 1.25% National Insurance hike for Employees and Employers will be scrapped from November 2022, and the Dividend Tax rate hike, which was implemented in April 2022, will also be reversed from next April.

For Basic Rate taxpayers, Dividend Tax will revert to 7.5% from the current 8.75%, with Higher Rate Taxpayers paying 32.5% once again, rather than the current 33.75%. Coupled with the removal of the Additional Rate Tax Band, the maximum rate of Dividend Tax payable from 6th April 2023 will be 32.5%, which could present opportunities for business owners to draw more from their business in a tax efficient manner from this date.

The reduction in Dividend Tax rate will also benefit those with large investment portfolios held outside of tax-efficient wrappers, such as an Individual Savings Account (ISA).

 

Pension changes

There were no major announcements in respect of Pensions. With the reduction in the Basic Rate, and removal of the Additional Rate, from 6th April 2023, the maximum rate of Income Tax relief on pension contributions will fall to 19% for Basic Rate Tax payers, and a maximum of 40% for Higher Rate taxpayers.

Despite the Basic Rate Income Tax reduction coming into effect in April 2023, the Growth Plan suggests that pension schemes that arrange contributions on the relief at source method (i.e. personal pensions) will still be able to claim Basic Rate relief at 20% until April 2024.

This presents an opportunity to gain an additional 1p of Basic Rate relief on contributions in the 2023/24 Tax Year.

 

Venture Capital Trusts secured

A feature of European Union state aid rules was that a “sunset” clause on Venture Capital Trusts (VCTs) was due to come into force in 2025. This could have meant that new investments in VCTs may not have qualified for relief from 2025. However, in a move designed to boost UK entrepreneurship, this deadline has now been removed, which secures the future of Venture Capital Trusts.

In addition, Kwarteng announced an extension of the Seed Enterprise Investment Scheme (SEIS) limits, with companies being able to raise £250,000 of SEIS investment, rather than the current £150,000 investment.

The support of VCTs and other tax-efficient investments is welcome, as this has proven to be beneficial for small business looking to raise funding for expansion, together with offering attractive tax breaks for investors.

 

Stamp Duty Land Tax

As part of measures designed to help the housing market, the Stamp Duty Land Tax (SDLT) threshold for residential properties has been doubled from £125,000 to £250,000. This will mean that no SDLT will be payable on properties up to £250,000. For first-time buyers, the relief has been extended, with the first £425,000 – instead of the current £300,000 – being exempt from SDLT. This relief is available on properties up to £625,000 in value.

These changes may well support the lower end of the housing market; however, there has been no change to the rates applying for higher value properties. The 3% levy on additional properties purchased will also continue unchanged.

 

Corporation Tax changes axed

The intended increase in Corporation Tax, scheduled for 6th April 2023, has been axed. The rate of Corporation Tax would have increased to 25% from next April; however, it will now remain at 19%, and presents an opportunity for business owners to rethink plans to draw profits over the current and next Tax Years.

 

In Summary

The announcements were certainly eye-catching and we wait to see whether the new legislation will have the desired impact on growth. The initial market reaction has been fairly clear, given the slump in the Pound against the Dollar immediately after the measures were announced.

From a financial planning perspective, these new rules present interesting opportunities for business owners, those with share portfolios and individuals saving through a pension, to review their current arrangements.

If you feel a comprehensive review of your financial planning objectives and plans would be beneficial, then speak to one of our experienced advisers here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Mature couple discussing finances - Avoiding the Pension Death Benefit pitfalls

Avoiding the Pension Death Benefit pitfalls

By | Pensions

When saving into a pension, the primary objective is to look to provide an income in retirement. In our experience, when first meeting clients, many have not considered what would happen to their pensions in the event of death.  It is quite normal for individuals to have built up pensions through different types of schemes and arrangements during their working life, which can add to the confusion, as different pensions may well be treated differently on the death of the pension holder. Taking the time to understand how the pension will be treated on death is an important step to successful planning, and this is an area where independent financial advice can add significant value.

 

Final Salary benefits

For those individuals holding Defined Benefit (i.e. Final Salary) pensions, the treatment on death will normally depend on the scheme rules. It is normal for the pension to provide an ongoing pension to a dependent on death of the pension holder, which is usually a surviving spouse, or potentially any children aged under 23. Often this will provide 50% of the annual pension to the dependent, although it is important to check the scheme carefully to determine the precise rules that apply to that scheme.

 

Pension Freedoms and Defined Contribution pensions

The death benefit rules for Defined Contribution pension arrangements changed significantly in 2015, with the age at which the pension holder dies being the determining factor as to how the pension is taxed in the hands of beneficiaries. Prior to 2015, whether money had been taken from the pension or not was used to determine how the pension benefits were taxed.

Under the new rules, if an individual dies after the age of 75, the fund can be paid to a beneficiary as a lump sum, annuity or a drawdown pension. Any funds drawn will be taxed at the marginal rate of the beneficiary. In other words, if the beneficiary is a basic rate taxpayer, assuming the pension income doesn’t push the beneficiary’s overall income above the higher rate threshold, the income will be paid net of 20% tax.

If the pension holder dies before the age of 75, the same options – lump sum, annuity or drawdown pension – remain; however, the main difference is that the payments will be made entirely tax-free.

For beneficiaries in receipt of pension death benefit rights, the options open can appear daunting, and we recommend beneficiaries look to take independent advice which is tailored to their specific circumstances. Often, the decisions could trigger unforeseen tax consequences, and there could therefore be a cost of not considering the various outcomes carefully before proceeding.

 

A final test

The Lifetime Allowance is the maximum permitted level of pension savings an individual can accrue before a tax charge applies, and currently stands at £1,073,100. If a pension holder dies before the age of 75, this triggers a test of the Lifetime Allowance and if the deceased pension holder breaches this Allowance, a tax charge will apply. How the beneficiary receives the pension has an impact on the level of tax charge that will be levied on the pension, and again this is a point that needs consideration by beneficiaries.

 

Make sure nominations are up to date to avoid death benefit pitfals

A very common misconception is the beneficiary of a Defined Contribution pension follows the wishes set out in an individual’s Will. This is not the case, and pension trustees will consider a Nomination or Expression of Wish completed by the pension member. The pension trustees have the ultimate discretion as to whom pension death benefits are paid; however in practice, assuming a Nomination has been made on the pension, the trustees will pay to the nominated beneficiary or beneficiaries, unless there is a good reason why they should consider someone else.

It is important to make sure that Nominations are up to date on a defined contribution pension arrangement, so that they continue to reflect an individual’s wishes. A new Nomination can be completed at any time that overwrites the existing Nomination held by the pension company.

 

Passing assets down the generations

Pensions have always proved to be a very tax efficient way of saving for retirement. In addition, they can also be a very effective method of passing assets to the next generation without a potential charge to Inheritance Tax applying to the value of the pension. As a result, pensions often play an important role in wider financial planning when estates could become liable to Inheritance Tax in the future.

 

The importance of advice

The rules around death benefits paid by pensions are complex. For Defined Contribution pensions, the introduction of the pension freedom rules in 2015 have led to a number of distinct opportunities to make tax efficient decisions that can have a significant impact on the level of income received by a beneficiary and the amount of Tax deducted from the pension payments. When beneficiary drawdown is selected, regular reviews of the rate of drawdown and investment strategy employed can maximise the potential for the pension to provide the beneficiary with income for the long term.

It is also important to tackle these issues shortly after the death of the pension holder, in particular if they died before the age of 75. Failure to take the appropriate action within two years of the scheme being notified of the death can lead to a potentially tax-free payment becoming taxable.

As we have demonstrated, there are many considerations in dealing with a pension in the event of the death of the pension holder. Taking practical steps to review existing arrangements can help you understand how the particular pensions will be treated.

If you would like to review your existing pension arrangements, then contact one of our experienced advisers here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Wooden signpost with two arrows, one reading Active one reading Passive - Do Active Managers add value

Do Active Managers add value?

By | Investments

The retail fund management industry, which was established in the 1920s, was built on the creation of actively managed pooled investment funds, where fund managers and management teams take frequent investment decisions to their portfolios, with the aim of beating a particular benchmark or target index return. The 1970s saw the creation of a challenger to the fund management industry, when the first index tracking funds were launched. These are funds that operate with far less human interaction and decision making, and manage funds by looking to mirror or track the performance of a particular index or set of indices.

Index tracking funds have steadily gained popularity as the decades have passed, so much so that the amount of new money invested in passive investments now outstrips actively managed funds. However, despite the rise in passive usage across the world, the debate still rages as to which approach can yield the best returns for investors. As we will demonstrate below, we feel that both approaches have merit, and combining the two distinct investment styles can often be an appropriate solution.

 

Active can outperform

The key difference between the potential returns from an active approach is that the fund can beat returns achieved by the market generally, if the fund manager or team get the investment calls right and hold more in positions that perform well. This is simply not possible through a strict passive approach, where the returns can only mirror (or usually lag slightly behind) the returns achieved by the representative index. As the main driver for most investors is to seek outperformance, this places active funds at a distinct advantage; however, this is only the case if the active manager or team can consistently beat their benchmark.

Another potential positive is that active managers have the flexibility to adjust their portfolios in periods when markets perform less well, therefore potentially reducing the impact of a period of weakness on the fund’s performance.

However, the success of the strategy will largely be dependent on the skills of the manager or management team, and the analysts they employ. Some active fund managers have built up a strong track record of outperformance over many years, and have proven themselves over a range of different market conditions. There are others, however, where performance has lagged benchmarks consistently, and therefore careful analysis of the approach, style and past performance of the fund manager are factors investors need to consider when selecting actively managed funds.

The teams of analysts and fund managers employed to manage an actively managed fund do, naturally, increase the running costs of the fund. This is passed on to investors through higher charges than are typically charged when holding a passively managed fund. For this reason, it is important to achieve good value for money when considering active funds.

 

The positives of passives

When investing in a passive fund, the first important point to consider is that you are highly unlikely to outperform the representative index that the passive fund aims to track. Even passive funds that fully replicate an index are likely to underperform the index slightly due to charges and tracking error.

It is also important to note that the very nature of passive funds means that the performance is purely driven by that of the underlying index. There is no ability for a human fund manager to take decisions to protect a portfolio in periods when markets perform less well. For example, a fund manager of an active fund could look to increase cash positions within the portfolio, or reallocate the balance of the portfolio to take advantage of underlying conditions.

That being said, there are distinct advantages that a passive fund can provide. Firstly, as the fund tracks an index, the investment will provide exposure to a good proportion, or indeed all of the constituent holdings within the index. This provides good levels of diversification across a range of different sectors, which is difficult to achieve from an actively managed approach. That being said, we often review actively managed funds where the portfolio does not deviate significantly from the composition of the underlying index. If an active manager was closely replicating an index, it begs the question what are you, as the investor, paying for?

Low charges are the other area that passives have an advantage. Given the lack of a human manager, passive fund management charges are generally much lower than active funds.

 

No winner, but plenty to consider when asking ‘Do Active Managers add value?’

As you can deduce from our analysis above, both active and passive investment management styles have features that make them attractive to investors. At face value, a passive investment approach is the most cost effective method of investment, and also potentially offers greater diversification over an active approach.

However, there may be a cost to using passives, which is the potential underperformance compared to an actively managed fund which outperforms the representative market and its’ peers. Given that active managers can often outperform the benchmark by several percentage points of performance each year, and potentially often downside control through asset allocation, this makes quality active funds an attractive proposition. But what if an active manager runs into a rut, where performance disappoints and lags the performance of similar funds? This is a situation avoided by a passive fund, and therefore when selecting active funds, there is heavy reliance on choosing the right fund from thousands of funds available to UK investors.

Our Investment Committee at FAS undertake regular and comprehensive due diligence across a very wide range of funds available to UK investors, to seek out strong performing active funds. We also regularly review passive investment approaches and look to select the right approach for each sector and asset. Speak to one of our experienced financial planners if you would like to review an existing portfolio, or invest funds using a blend of cost effective passive funds and attractive actively managed funds.

If you would like to discuss the above further then speak to one of our advisers here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Receipt reading Capital Gains Tax

Making use of the Capital Gains Tax allowance

By | Tax Planning

Tax efficiency is an important part of any sensible financial plan, and by using the annual Individual Savings Account (ISA) allowance, or saving into a tax advantaged plan such as a personal pension, investments can be left to grow over time without undue tax considerations. Where investments are held outside of a tax advantaged wrapper, making use of allowances on an annual basis, by reviewing an investment portfolio regularly and considering appropriate changes to the way the portfolio is structured, can give the best chance of avoiding a tax headache later.

We often come across historic investments that have been held for many years outside of an tax wrapper, such as an ISA. As many of these holdings have been in situ for a long period, they often show significant gains over the original purchase price. As a result, selling these assets could generate a liability to Capital Gains Tax (CGT).

CGT is a tax that could be charged on the profits made when selling, transferring or gifting assets, including shares and other collective investments, property that is not your main residence, or personal possessions worth £6,000 or more. Certain assets with limited lifespan and personal motor vehicles are exempt from CGT, unless they have been used for business purposes.

When CGT is charged, higher-rate taxpayers currently pay CGT at 20% on gains from investments and at 28% on gains from residential property. For basic-rate taxpayers, these rates may be reduced to 10% and 18%, respectively.

 

Use it or lose it

Every individual receives an annual CGT exemption which enables tax-free gains to be made. In the current Tax Year, the allowance for individuals is £12,300. The allowance is provided on a use it, or lose it, basis. It can’t be carried forward into the next tax year, so it makes sense to use the tax-free allowance each year, which could reduce the risk of incurring a significant CGT liability in the future.

This can be particularly helpful for assets such as shares and investments, that carry large gains. A proportion of the investment can be sold to make use of the allowance, and by consistent use of the allowance on an annual basis, larger positions can be reduced over a period of time.

Of course, when it comes to investments, the decision to sell assets is more complex than simply looking at the tax considerations. For example, the underlying market conditions could mean that selling an asset to crystallise a gain is made at a time when investment values are lower. Conversely, the prospects for an investment may be positive and selling to use the CGT allowance could limit future gains. This is why it is important to consider the bigger picture and take advice before reaching a decision.

 

Carry forward the losses

When multiple transactions are carried out in the same Tax Year, the gains and losses are offset against each other to reach a total gain for the Tax Year. For example, making a gain on an asset of £10,000 and a loss on another asset of £2,000 would lead to a net gain of £8,000. However, if the net result of the combined transactions shows a loss, this loss can be carried forward to be used against gains made in excess of the annual allowance in future Tax Years. To make use of loss relief, H M Revenue & Customs need to be informed that a loss was made within four years of the end of the Tax Year in which the asset creating the loss was sold.

 

Double up the allowance

Whilst the CGT allowance is individual, assets held jointly can make use of two annual allowances, meaning a combined annual allowance of up to £24,600 could be available. This can be particularly helpful when assets that cannot easily be divided or partially sold over time, for example an investment property, are sold.

Married couples can also make use of the exemption that applies to assets gifted between spouses. Such transfers are exempt, and as a result, one spouse can transfer assets to another to make use of an unused annual exemption.

 

Bed & ISA

One of the most useful methods of using the annual CGT allowance is to sell down assets that carry uncrystallised investment gains, and repurchase the same, or similar assets, within an ISA. As the ISA is tax-exempt, all future growth will be tax free. This transaction is known as a Bed & ISA, as assets need to be sold one day, creating the capital gain and then purchased on a following day. It is important to remember that this transaction will lead to a short period of time when funds are not invested, which could work to your advantage or disadvantage.

 

The future of CGT

Outside of the annual allowance and other measures to potentially reduce a CGT bill, it is important to point out that the rate that CGT is charged is relatively low – particularly for non-property transactions – compared to other rates of tax. That being said, according to data from H M Revenue & Customs, the Treasury took in £14.2bn of receipts from CGT in the 2020/2021 tax year, an increase of 42% over the previous year.

Looking ahead, reform of the CGT rules appears quite likely over coming years. Given any future Government may be looking to increase the overall tax take, making changes to CGT could yield additional revenue without potentially being seen as making a politically unpopular decision, when compared to, say, increasing Income Tax or National Insurance rates.

For this reason, it may be an appropriate time to consider long standing investment positions and take independent advice as to the best way to deal with those investments, both from the perspective of long term investment performance, and tax efficiency. If you hold assets that could be liable to CGT, speak to one of our experienced advisers for impartial advice and guidance.

If you would like to discuss the above further then speak to one of our advisers here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Graphic of a hand reaching out of the word tax with another hand passing a buoyancy aid to it - Tax treatment of pension withdrawals

Dealing with an emergency situation

By | Pensions

The pension freedom rules introduced in 2015 have been an undoubted success, allowing individuals to access their pensions in a far more flexible manner than ever before. However, drawing taxable income for the first time, or taking an ad-hoc single payment of income, from a plan held in Drawdown, can create a tax issue where H M Revenue & Customs deduct more Income Tax from the payment than is due, leading to a lower net payment than expected. For the unsuspecting pension holder, this can lead to complications, in particular if a net amount of funds withdrawn from a pension is needed for a specific purpose.

 

Holding the right Code

Unless the Pension provider holds an up to date Tax Code for the individual, the provider will need to tax the payment under a temporary Tax Code, which is known as an Emergency Tax Code. Under this Code, the amount being withdrawn is treated as if it will continue to be paid at the same amount each month, even if this is not the case. The provider will therefore apply 1/12th of the personal allowance (£12,570 in the current Tax Year) to the payment, and will assess the remaining payment against 1/12th of each of the income tax bands currently in force (i.e. Basic Rate at 20%, Higher Rate at 40% and Additional Rate at 45%).

For many this calculation will lead to an overpayment of Tax. Take the example of an individual who withdraws £20,000 from an uncrystallised pension as a lump sum. Their only other income is their State Pension of £12,570, which conveniently matches their Personal Allowance. The first £5,000 of the pension payment will be paid Tax Free (as this represents the 25% Tax Free Cash available on the amount crystallised) and the remainder of the payment should be taxed at Basic Rate Tax (i.e. 20%) which would lead to a total net payment after Tax of £17,000.

Instead of paying £3,000 in Income Tax, if the payment was taxed under an Emergency Tax Code, this could lead to a Tax charge of £5,025, resulting in a net payment after Income Tax of £14,975 – some £2,025 lower than if the correct amount of Income Tax had been deducted.

 

Doing the maths

It is important to point out that a refund of overpaid Tax is normally automatically paid at the end of the Tax Year. However, if you are seeking to withdraw a fixed amount from a Drawdown pension for a certain purpose, if Emergency Tax is applied then the net result could leave the withdrawal short of the amount required.

When considering a withdrawal from a pension, it is therefore important to consider the tax implications of how the payment is to be treated. You can contact the Pension provider in advance and check the Tax Code that the provider holds for you prior to making a decision to withdraw, although it is important to note that the provider has no discretion as to which Code to apply and must use the Code supplied by H M Revenue & Customs.

An alternative is to withdraw a smaller amount from the pension first, upon which the Emergency Tax Code is applied, and then withdraw the remainder of the required amount once H M Revenue & Customs have supplied a new correct Tax Code, which will be triggered by the smaller pension payment. Whilst this is a sensible step in theory, there will inevitably be a delay until the new Code is issued, which may not be practical if funds are needed in the near future.

If a payment has been made with Emergency Tax Code applying, it can be a good idea to claim funds back quickly following the payment. If the pension withdrawal is made in April or May, for example, not taking any action to reclaim the overpayment of Tax could lead to a wait of 11 months or more for a refund. Conversely, taking a pension withdrawal for the first time, or a lump sum, in March, would normally mean a refund of overpaid Tax would arrive in a matter of weeks.

 

Claiming a refund

Given the number of individuals falling into the Emergency Tax trap, H M Revenue & Customs have a rapid refund system, which aims to pay back the overpayment quickly once the correct form has been submitted. These forms are relatively simple to complete and whilst the forms are an additional step that requires action on the part of the taxpayer, this process does at least provide the opportunity to make a claim for the overpayment of Tax quickly.

 

Let us guide you through the process

The complexities of the Tax treatment of pension withdrawals is one of a number of reasons why sound independent advice can add value for those using a drawdown pension to help fund their retirement. The pension freedoms have provided greater flexibility but also increased the responsibility of individuals to manage their accumulated pension savings appropriately and to their best advantage for the long term.

At FAS, we can provide impartial advice to those considering retirement, or reaching retirement age, on the benefits and drawbacks of a Drawdown approach, and on other options such as annuities. For those already holding a pension in Drawdown, we can review the overall strategy and investment options with the aim of managing the withdrawals effectively throughout retirement.

 

If you would like to discuss your requirements further then speak to one of our advisers here.

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Photo of student wearing mortarboard - Plan ahead to fund further education

Plan ahead to fund further education

By | Investments

As the A-level results are announced, students up and down the country are busy securing their place at University. The future funding of further education is a growing concern, highlighted by press reports at the weekend that tuition fees will need to rise considerably above the current level of £9,250 per annum over coming years. Add on top all of the other costs of living in student accommodation, it is little wonder that further education funding is a common topic of conversation when advising parents and grandparents.

The Student Loan system is designed to provide support for tuition fees, and as a result, finding the money up front to pay for learning costs is often not an issue. This system does, however, saddle young people with significant debts, which are only repayable once earnings exceed a certain threshold. Maintenance costs are, however, means tested, and given the cost of accommodation, living expenses, food, study materials and socialising, this can run into several thousand pounds a term.

This is why we are often called to advise families on the best way to fund these expenses for their children. We will explore a number of ways this can be achieved.

 

Regular saving

Most of us are familiar with the notion of regular saving for retirement through a pension, which aims to provide an income in later life. We can look to take the same approach, but with a much shorter time horizon, by setting up a regular savings investment plan. Whilst using cash is an option, it is rarely sensible to use cash for an investment of this type as returns are generally low and inflation can eat away at the real value of the sum saved. By using investments into other assets – such as Equities (Company Shares), Fixed Interest Securities (Bonds and Gilts), Property or Infrastructure – returns in excess of those generated by cash can normally be achieved over the longer term.

The investment can be held in the name of a parent, which retains control over the investment fund, or potentially could be invested through a Junior Individual Savings Account (ISA) in the hands of the child. The latter option does provide immediate access to the funds when the child is 18, which could be a consideration if a parent has concerns that the child may use the funds for other purposes than intended.

An additional benefit of investing regularly is that the monthly contributions will purchase investment fund units at different values, and therefore a smoothed investment effect known as “pound cost averaging” can be achieved.

The earlier a regular savings plan is commenced, the greater the time horizon for investment. This can lower the risk of the investment plan as investments in assets other than cash should really only be considered when the investment can be left in place for five years or more.

 

Lump sums and gifting

Grandparents in particular are often keen to help future generations, by helping them fund their grandchildren’s study costs. This can potentially have a dual benefit, as making gifts at an earlier point can also ease concerns over Inheritance Tax liabilities that Estates may be burdened with in the future.

As with regular savings, a lump sum gift could be placed in a cash savings account; however, as described above, returns on cash over time are generally poor, and investing the lump sum into a suitable investment plan can often yield better returns.

When establishing an investment of this type, there are options to consider as to how the investment is structured. To also be effective for Inheritance Tax planning, the gift needs to be absolute, which means either passing funds to the parents of the child to hold for the benefit of the child, or establishing a Bare Trust.

 

Bare Trusts and tax efficiency

Assets in a Bare Trust are held in the name of a trustee. However, the beneficiary has the right to all of the capital and income of the trust once they reach the age of 18. This means the assets set aside by the settlor in Trust will always go directly to the intended beneficiary and there is no discretion as to who receives the benefit.

The advantage of using a Bare Trust set up by a Grandparent is that whilst the assets are held by the trustee, any income generated by the investments are taxed on the beneficiary, i.e. the child. As children are entitled to the Personal Allowance before Income Tax is paid, this effectively means that no Income Tax charge will arise. It is important to distinguish this tax advantage from the situation that occurs when a Bare Trust is set up by a Parent, rather than a Grandparent. In this instance, the Parent is deemed to be the “settlor” and if income of more than £100 per Tax Year is produced, the entire income is taxed on the Parent, and not the Child.

 

Success is down to careful planning

Whether a regular savings approach is adopted, or a lump sum invested, the success of any plan to save for University costs will rest on the performance of the investment strategy and funds selected. FAS can provide independent advice as to the type of strategy that should be adopted, and discuss aspects such as investment risk and volatility and also address any ethical considerations.

As with any investment plan, regular reviews should be carried out to ensure the investments are performing as expected and given that funds will be needed at a known point in time, it may well be appropriate to consider reducing investment risk as the child nears the point that the funds are needed. This can help avoid the potential for markets to suffer a downturn at the time that funds are to be withdrawn. At FAS, we provide ongoing advice and regular reviews to consider whether the underlying strategy should be altered during the life of the investment.

If you would like to plan ahead to fund further education costs, or are considering gifting funds for this purpose, then speak to one of our advisers here.

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Piece of paper torn back to reveal text reading Inheritance Tax

Get relief from Inheritance Tax

By | Tax Planning

The recent news that Inheritance Tax (IHT) receipts jumped by 14% in the 2021/22 financial year was of little surprise, given the IHT tax take has been steadily increasing for some years. The total amount of IHT raked in by the Treasury was £6.1bn in the last financial year, and the Office for Budget Responsibility predict the IHT bill will increase to over £8bn by 2026.

With property prices rising over recent years, coupled with long term increases in the value of other assets, more and more families are finding the estates of their loved ones are subject to IHT. The Nil Rate Band – the amount you can give away before IHT is charged – is frozen until at least 2026, and it is therefore unsurprising that the expected IHT receipts are set to rise.

For those where their estate is likely to exceed the IHT threshold, the good news is that sensible financial planning can help ease the potential tax liability. There are a number of methods to look to mitigate an IHT bill, and one tool available are assets that qualify for Business Property Relief (BPR).

 

Relief after two years

BPR was introduced in the 1976 Finance Act, and it was created to allow small businesses to be passed down through generations without facing a large IHT bill. The scope of the Act has widened so that it now allows investors of qualifying companies, as well as the business owners themselves, to obtain relief.

The tax relief is granted once an individual holds shares in a qualifying company for a minimum period of two years. The shares need to be held by the individual so that the qualifying assets remain held by them at date of death, and the shares must remain qualifying throughout the holding period.

The two year holding period is certainly more attractive than the requisite timescale needed for gifts made by an individual to escape IHT. Gifts in excess of annual exemptions are known as Potentially Exempt Transfers, and remain in an individual’s estate for a period of seven years.

A further advantage investments that qualify for BPR have over the gifting route is that funds are retained by the individual. If access to the capital is required, then the shares can be sold to raise the necessary funds. Of course, the value of the shares sold will return to the potential estate for the purposes of the IHT calculation.

 

BPR and AIM shares

To qualify for BPR, shares need to be purchased in unquoted companies, or selected shares listed on the Alternative Investment Market (AIM), which is a UK market primarily used by smaller companies. A wide range of investment managers have produced Discretionary Managed portfolios of shares that they believe will qualify for BPR, either through investments in unquoted companies, or through qualifying shares that are listed on the AIM market.

Where investment managers use unquoted companies, they will often adopt an investment approach whereby funds are allocated in businesses that engage in trades such as renewable energy, property or business lending. These types of strategy often look to generate modest returns over time. Shares in AIM are likely to be more volatile, due to the often unpredictable nature of smaller companies, where business fortunes can often change rapidly.

Whichever approach is adopted, it is important to acknowledge that buying shares in smaller or unquoted companies, is likely to carry additional risks than investing in larger and more well-established companies. In particular, the shares of unquoted companies may be harder to sell.

 

Political interference

Whilst IHT tax legislation has been stagnant for some time, a risk of any longer term planning is that the tax rules are changed after plans have been put in place. This could potentially have the effect of undoing prudent measures to restrict or eliminate the tax bill.

IHT is an easy tax to collect, as the personal representatives of an estate that is liable to IHT cannot obtain the grant of probate to deal with the estate until the IHT has been paid. Furthermore, beneficiaries of estates that are liable to IHT may be perceived by some quarters as receiving a large inheritance, and potentially makes IHT a soft target when it comes to raising revenue.

Both Tory leadership candidates have mooted that they would review the current IHT regime if they were elected as Prime Minister, and opposition parties have also laid out plans in previous manifestos to reform the way that estates are taxed. Reform of the IHT rules is likely in the longer term, and it is therefore important that plans can adapt to potential changes.

 

Get the right advice

Given that IHT planning is carried out with longer term objectives in mind, it is important to obtain appropriate advice from experienced financial planners. Investments that qualify for BPR are complex and given the wide choice of options available, it is important that providers and products are selected carefully. At FAS, we are adept at providing clients with comprehensive IHT planning advice as part of our holistic advice service.

If you would like to discuss how to reduce the impact of IHT on your estate with one of our experienced advisers, please get in touch here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.

Photo of the Bank of England building - Fifteen months of recession

Looking on the bright side

By | Financial Planning

The Bank of England’s Monetary Policy Committee announcement of a 0.50% base rate hike last week would have been sufficient to cause headline news on its own, given that the increase was the largest single rate rise announced by the Bank for 27 years. However, it was the accompanying gloomy statement by Andrew Bailey, the Bank of England Governor, forecasting a prolonged downturn in the UK economy over the coming 15 months, that drew most attention.

 

Fifteen months of recession?

Mr Bailey warned that the UK would move into recession in the fourth quarter of 2022. Recessionary conditions represent a significant and prolonged downturn in economic activity, and is often defined by two successive quarters where Gross Domestic Product (GDP) falls. Mr Bailey’s comments that the Bank now forecast a contracting economy for the latter part of this year and for the whole of 2023 raised eyebrows amongst commentators and respected economists. Former Monetary Policy Committee member Professor David Blanchflower commented that Mr Bailey had been guilty of “loose talk” and the day of the announcement was “… as bad a day for the British economy as I can remember”.

The statement by the Bank, which accompanied the 0.50% base rate hike, cited sharply rising inflation over coming months as the reason behind the rate increase. The Bank now expects Consumer Price Inflation (CPI) to reach in excess of 13% later this year, largely due to the increase in wholesale gas costs. This would represent a further increase of 3.6% over the current CPI print.

We take an objective view of macro-economic conditions, and generally feel that central bankers perform a reasonable job, given the intense focus that markets place on every announcement or comment that is made. In this instance, however, we can’t agree with the Bank’s comments in respect of the UK economy, and would go as far as branding the pessimistic long-range forecast as being irresponsible.

 

Interest rate policy

Firstly, let’s consider the reason behind the rate increase announced by the Bank. Inflationary pressure is largely being caused by external forces that are beyond the control of the Bank of England. Energy and Fuel costs are all increasing as a result of the conflict in Ukraine, which has driven the price of wholesale gas to more than double since the start of the year. Sanctions on Russia, combined with threats to slow or even halt gas supply through pipelines, has led to a scramble to secure gas supplies, pushing prices higher. Crude oil prices have similarly seen a spike during the course of 2022, although prices have fallen back by 25% since the start of June. Food prices have been driven by a combination of increased costs of shipping and transportation, and increased costs and limited supplies of goods such as Sunflower Oil and Wheat.

Despite this Core CPI – which ignores energy, food, alcohol and tobacco prices – has actually fallen back from 6.2% in April to 5.8% in June. Core CPI tends to be a useful measure of domestically generated cost pressure, and perhaps should give the Bank more comfort that wage increases and prices for goods and services are not out of control.

We would argue that the strength of our currency is an area that should command more focus in decision making. Sterling has been weak against the Dollar, falling by more than 10% this year, which stokes inflation, as the cost of imported items priced in Dollars increase as Sterling weakens. Given the immediate reaction on currency exchanges to Mr Bailey’s comments, which saw Sterling weaken in the face of the 0.50% base rate increase (which would normally be seen as positive for the currency) we feel Sterling may remain under pressure for some time to come.

 

Growth will slow, but perhaps not stall

The dramatic drop in GDP expectations announced by the Bank is another area we feel demands further scrutiny. The Bank’s central forecast is for growth to be negative for the final quarter of 2022 and remain in negative territory for the whole of 2023, with a net contraction of 2.1% over this period. When divided by the five quarters of recession suggested by the Bank, this would represent a contraction of 0.4% per quarter, which is considerably more pessimistic than the OECD (Organisation for Economic Co-operation and Development) which suggested in June that UK growth would be flat during 2023, and the International Monetary Fund (IMF) which, in April, forecast 1.2% growth in 2023.

UK GDP increased by 0.8% in Q1 of 2022, and the preliminary reading for Q2, to be announced next week, is expected to continue to show the UK economy expanded, albeit by a lower rate of growth. April showed a decline of 0.2%, but May saw GDP increase by 0.5%. Given the reported rate of growth, compared to the grim projections by the Bank, growth is either going to slow dramatically, or (as we would suspect) the Bank is being overly negative in their forecasting.

As you can perhaps deduce from our analysis, we don’t agree with the Bank forecasts or the message that the Bank appear to be conveying. We find it hard to believe that Mr Bailey’s predecessors, Mark Carney or Mervyn King, would have made such predictions. It is clear that inflation will persist, although we expect the pressure to ease as we move into 2023. We also appreciate that growth is likely to slow as we move towards the end of the year, although we feel more positive that any recession in the UK will be more short-lived than the Bank suggests.

If you would like to discuss the above with one of our experienced advisers, please get in touch here.

 

The value of investments and the income they produce can fall as well as rise. You may get back less than you invested. Past performance is not a reliable indicator of future performance. Investing in stocks and shares should be regarded as a long term investment and should fit in with your overall attitude to risk and your financial circumstance.