The document summarizes an umbrella pension trust that provides unique benefits and features compared to registered pension schemes. It outlines how members can (A) join the umbrella pension trust, (B) transfer funds from existing pension schemes to the trust, and (C) surrender benefits so the transferred funds become the property of their own UK tax-exempt personal management company. The trust is administered by a UK pension administration company and provides tax benefits such as tax-free investment returns and loans. Risks are minimized through features like fees insurance and the ability to amend the trust deed retrospectively if laws change.
2. DOES IT WORK ?
21 YEARS SUCCESSFUL USE YES
AUTHOR OF LEADING TEXTBOOKS ABOUT THE PLANS YES
USE IN-HOUSE EXPERTISE YES
NOT RELIANT ON ‘BOUGHT IN’ SCHEME YES
ENDORSED BY LEADING COUNSEL YES
FEES INSURED YES
KNOWN & DISCLOSED TO HMRC YES
NEVER SUCCESSFULLY CHALLENGED BY HMRC YES
A UNIQUE RECORD OF SUCCESS
3. UNIQUE FEATURES & BENEFITS
OUTSIDE FA 2011 YES NO TAX ON LOANS YES
FOR REGISTERED PENSION SCHEME YES IHT DEDUCTION FOR LOANS AT YES
FUNDS DEATH
ASSET BECOMES FREE OF PENSION YES FUNDS STAY IN UK YES
LAW
TAX FREE ROLL UP OF TRUST FUND YES CLIENT MANAGES OWN FUNDS YES
TRUST FUND IHT FREE YES CLIENT’S WILL CONTROLS YES
SUCCESSION
LOANS ALLOWED YES FULL DISCLOSURE TO HMRC YES
4. IT’S A MEMBERS CLUB
JUST LIKE A GOLF CLUB:
MEMBERS CLUB TOGETHER
TO SHARE THE BENEFITS
• PROVEN PENSION TECHNOLOGY
• SHARING LEGAL & ADMIN FEES
• REDUCES COST FOR MEMBERS
• £1,295 ADMINISTRATON FEE ON APPLICATION
OR £1,495 FOLLOWING TRANSFER
• JUST 10% FEE ON TRANSFER
• AND 1% P.A. FOR 5 YEARS
• PLUS £200 A YEAR
ALL ADMINISTERED BY A UK PENSION ADMINISTRATION COMPANY
5. UMBRELLA PENSIONS TRUST
Opinion
1 The basic rule laid down by Section 91(1) of the Pensions Act 1995 is that entitlements, or accrued rights, to pensions under
occupational pension schemes are inalienable, and in particular that they cannot be assigned, commuted or surrendered.
2 However, this is subject to a number of exceptions set out in Section 91(5), including that in paragraph (b) of that sub-section,
namely:– “a surrender, at the option of the person in question [i.e. the person who is entitled, or has an accrued right, to a pension
under an occupational pension scheme] for the purpose of:– (i) providing benefits for that person’s widow, widower or dependant, or
(ii) acquiring for the person in question entitlement to further benefits under the scheme”.
3 It is striking that whereas (ii) dealing with the acquisition of further benefits by the person in question requires them to be benefits
“under the scheme”, (i) does not do so. This is a short and to some extent impressionistic question of construction, but in my opinion
there is no basis for implying into (i) a requirement that the benefits for the widow, widower or dependents should be under the
scheme. Read literally (i) does not impose such a requirement and if the drafter had intended it to extend to both limbs it would have
been easy to make the words “under the scheme” govern them both; it would simply have been a matter of moving those words to a
new line. And looking at the matter purposively, I cannot see why any such implication should be necessary.
4 For the sake of completeness I should add that under Section 91(7) the list of exceptions in Section 91(5) is subject to Section 159
of the Pension Schemes Act 1993 which makes guaranteed minimum pensions inalienable in any circumstances.
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6. TRANSFERS: TECHNICAL Q & A’s
WHAT PENSION SCHEMES CAN I TAKE TRANSFER MONEY FROM ANY REGISTERED OR GOVERNMENT SCHEME
CAN I TAKE TRANSFER MONEY FROM A QROPS YES
CAN I TAKE TRANSFER MONEY FROM AN IRISH REGISTERED SCHEME YES
CAN I TAKE TRANSFER MONEY FROM MULTIPLE SCHEMES YES
DO I HAVE TO LIVE OR REMAIN IN THE UK FOR UPT TO WORK NO
CAN I TAKE THE TRANSFER VALUE IN CASH OR IN ASSETS – LIKE PROPERTY YES
IS THERE ANY STAMP DUTY OR VAT ON TRANSFERRING PROPERTY NO
CAN I TAKE A TRANSFER VALUE AFTER RETIREMENT AGE YES [WITH SOME LIMITATIONS]
CAN I TAKE MY TAX FREE LUMP SUM BEFORE TRANSFERRING YES: BUT NOT AS TAX EFFICIENT AS USING URT
ONCE I HAVE COMPLETED THE UPT PROCESS, CAN I REJOIN THE OLD SCHEME DEPENDS ON THAT SCHEME’S RULES
7. A-B-C SUMMARY
A. JOIN:
JOIN UMBRELLA PENSION SCHEME
B. TRANSFER:
TRANSFER FUNDS TO UMBRELLA PENSION SCHEME
C. SURRENDER BENEFITS:
TRANSFERRED FUNDS AUTOMATICALLY BECOME THE PROPERTY OF
YOUR OWN TAX EXEMPT COMPANY
ALL ADMINISTERED BY A UK PENSION ADMINISTRATION COMPANY
8. UMBRELLA PENSIONS TRUST
YOUR OWN COMPARTMENT IN A CRUISE LINER
1 3
OFFSHORE
UNDER
THE
YOUR SHARE OF TRUST DEED
THE UMBRELLA UMBRELLA
TRUST FUND TRUST
OFFSHORE
FIDUCIARY
MANAGER
2 n
BELONGS AND CAN NEVER
TO YOU BELONG TO
AND YOUR ANYONE ELSE
FAMILY
10. WE MAKE YOUR UK MANAGEMENT COMPANY TAX EXEMPT
OFFSHORE
UMBRELLA
TRUST
FIDUCIARY
MANAGER
OFFSHORE
UK
LEGAL
OWNERSHIP IS MEMBER
VESTED IN TRUST CONTROL MONEY
NEVER
SIGN FIDUCIARY SERVICES LEAVES UK
AGREEMENT
PENSION ADMINISTRATION
COMPANY
11. A. JOIN: JOIN UMBRELLA PENSION SCHEME
UMBRELLA
TRUST
OFFSHORE OFFSHORE FUND MANAGER
UK
FIDUCIARY
EXISTING AGREEMENT
REGISTERED PENSION MEMBER
SCHEME(S)
JOIN AS
MEMBER
REGISTERED
UMBRELLA PENSION
SCHEME JOIN AS EMPLOYER
12. B. TRANSFER: TRANSFER FUNDS TO UMBRELLA PENSION SCHEME
UMBRELLA
TRUST
OFFSHORE OFFSHORE FUND MANAGER
UK
£££ FIDUCIARY
AGREEMENT
TRANSFER OF FUNDS:
MEMBER CAN BE CASH, SHARES,
PROPERTY ETC
REGISTERED
UMBRELLA PENSION
SCHEME
13. C. SURRENDER BENEFITS:
TRANSFERRED FUNDS AUTOMATICALLY BECOME THE PROPERTY OF
YOUR OWN TAX EXEMPT COMPANY
UMBRELLA
TRUST
OFFSHORE OFFSHORE FUND MANAGER
UK
FIDUCIARY
AGREEMENT
MEMBER
CEASES
MEMBERSHIP
REGISTERED
£££
UMBRELLA PENSION
SCHEME TRANSFER OF SURPLUS: CASH AND / OR ASSETS
£££
14. MANAGE THE FUNDS IN YOUR OWN UK TAX EXEMPT COMPANY
OFFSHORE
UMBRELLA
TRUST
FIDUCIARY
MANAGER
OFFSHORE
WEALTH HELD IN ONSHORE PMC:
• CLIENT IS SHAREHOLDER UK
• CLIENT IS DIRECTOR
• CLIENT’S SIGNATURE ON UK BANK ACCOUNT
MEMBER
PMC:
+ CONTROL
• CAN INVEST AND TRADE IN ANYTHING
• EXEMPT FROM TAX ON ANY PROFITS OR GAINS
• CAN LEND TO CLIENT
• SHARES PASS IHT FREE UNDER CLIENT’S WILL
= £££
TAX FREE WEALTH
WITH PERSONAL CONTROL
15. THE PMC STRUCTURE: DETAIL 1
UK INVESTING WORLDWIDE
MEMBER
CONTROL
INVEST IN ANYTHING
£££ TAX FREE RETURNS
CORPORATION TAX ACT 2009
6 Profits accruing in fiduciary or representative capacity
(1) A company is not chargeable to corporation tax on profits which accrue to
it in a fiduciary or representative capacity except as respects its own beneficial
interest (if any) in the profits.
16. THE PMC STRUCTURE: DETAIL 2
SPENDING
MEMBER PERSONAL
MANAGEMENT
CONTROL COMPANY
£££
LOAN
SPEND ON ANYTHING
MEMBER
OR FAMILY
£££
FINANCE BETWEEN: PMC & BORROWER
AGREEMENT • PMC LENDS £100,000 TO BORROWER FOR 5 YEARS
• BORROWER AGREES TO REPAY £150,000 IN 5 YEARS TIME
• LOAN PERIOD MAY BE EXTENDED BY MUTUAL AGREEMENT
TEMPLATE LOAN AGREEMENT PROVIDED BY A PENSION ADMINISTRATION
COMPANY
17. THE PMC STRUCTURE: DETAIL 3
PASSING TO THE NEXT GENERATION
UK WEALTH STILL HELD IN ONSHORE PMC:
• WIDOW IS SHAREHOLDER
• WIDOW IS DIRECTOR
MEMBER • WIDOW’S SIGNATURE ON UK BANK A/C
CONTROL
MEMBER DIES:
WIDOW
SHARES PASS BY WILL
IHT FREE
ASSETS ASSETS
18. THE PMC STRUCTURE: DETAIL 3
PASSING TO THE NEXT GENERATION
BALANCE SHEET AT DEATH
ASSETS REDUCED BY ESTATE DEBTS
ASSETS IHT LESS TYPE
VALUE DEBTS
HOUSE 1M (1M) DEBT TO PMC
CHATTELS 0.1M (0.1M) OTHER DEBTS
PMC SHARES 0 N/A N/A
TOTAL 1.1M (1.1M)
NET IHT VALUE OF ESTATE £0
IHT SAVING £0.4M
19. THE PMC STRUCTURE: DETAIL 3
PASSING TO THE NEXT GENERATION
WIDOW’S INHERITANCE
WIDOW
OWNS
WIDOW’S
PERSONAL
MANAGEMENT
COMMERCIAL COMPANY IHT
VALUE VALUE
£1M DEBT £0
HOUSE
20. THE PMC: TECHNICAL Q & A’S
WHO CAN BE A SHAREHOLDER OR DIRECTOR OF PMC ANYONE YOU WANT
DOES A PMC HAVE TO FILE ACCOUNTS AT COMPANIES HOUSE YES. YOU CAN DO IT ONLINE, USING SMALL COMPANY EXEMPTION
WHAT DO THE ACCOUNTS SAY CASH AT BANK £2; SHARE CAPITAL £2
DO THE ACCOUNTS HAVE TO INCLUDE THE ASSETS OF A PMC NO. THOSE BELONG TO THE UPT. THE PMC IS A JUST A FIDUCIARY
WHAT CAN A PMC INVEST IN ANYTHING ANY ORDINARY UK COMPANY COULD INVEST IN
CAN A PMC CARRY ON A TRADE YES: JUST LIKE ANY ORDINARY UK COMPANY
WHAT DO I DO WHEN I WANT TO BORROW PMC MONEY COMPLETE THE PMC-BORROWER FINANCE AGREEMENT
WHAT HAPPENS TO THE £100 A MONTH I LEND THE PMC IT IS PART OF THE PMC/URT FUNDS AND CAN BE LENT BACK TO YOU
WHAT IF I DON’T REPAY LOANS MADE TO ME FROM THE PMC THEY ARE REFINANCED OUT OF YOUR ESTATE ON DEATH = 0% IHT
21.
22. RISK ITEM RESULT
UP FUTURE LEGISLATION STILL BETTER OFF
RETROSPECTIVE BACK TO BOTTOM
LEGISLATION OF LADDER
LIABILITY ASSET
FEES INSURED
HMRC INTEREST LESS THAN INTEREST EARNED
HMRC PENALTY NONE: FULL DISCLOSURE
23. CLIMB UP = WORST RISK IS:
PROSPECT SLIP BACK TO
OF 0% TAX
STARTING POINT
STAY DOWN = CERTAINTY
OF 100% + TAX
24. FEES INSURANCE
PROFESSIONAL INDEMNITY INSURANCE:
UNDERWRITTEN AT LLOYDS OF LONDON
INDEMNITY: £2.5M ANNUAL
SECURITY:
(1) NOVAE SYNDICATE: RATING A TO A +
(2) TORUS EXECUTIVE RISKS LIMITED: RATING A-
COVER:
CLAIMS FOR NEGLIGENCE AGAINST THE SOLICITOR LLP
IN RESPECT OF FEES PAID FOR USE OF SOLICITORS SERVICES
USEFUL COMFORT: BUT NEVER HAD TO BE USED IN 21 YEARS
25. FEES INSURANCE: Q&A’s
Q: What risks are covered ? Q: Does it cover retrospective legislation risk ?
A: Negligence: this means that the solicitors were A: No. It is not 'negligent' to be unable to be
wrong in what we say about tax or trust law a fortune-teller
(or any other aspect of the law relating to the URT).
Q: Does it cover tax payable ? Q: Does it cover Minerva fees?
A: No. Law is what causes tax to be paid, not us. A: Yes, because there is a branding for the
solicitors advice.
Q: Does it cover Counsel's costs in the event of litigation Q: Does it cover HMRC interest and penalties ?
with HMRC ? A: If the negligence in our advice caused interest
A: Only after the event, were the taxpayer to lose because or penalties to be levied, then Yes
our original advice had been negligently wrong.
Q: What advice does it apply to ? Q: Can I have a copy of the policy?
A: Whatever is set out in the Pension Administrations A: Yes.
Company’s engagement letter with the client.
USEFUL COMFORT: BUT NEVER HAD TO BE USED IN 21 YEARS
26. FEES
89% OF CASE VALUE GOES TO CLIENT
PROVIDER FOR TERM AMOUNT DUE
£1,295 IF PAID ON ON APPLICATION (FULLY
PRODUCT ADMINISTRATION & SETTING UP OF PMC SINGLE APPLICATION. £1,495 IF REFUNDED IF INVESTMENT OF
£50,000 OR 30% OF TRANSFER,
PROVIDER & BANK ACCOUNT PAYMENT PAID FOLLOWING WHICHEVER GREATER TAKEN OUT
TRANSFER THROUGH ABD WORLDGROUP)
PRODUCT SINGLE 10% OF EACH PENSION
USE OF UPT PLAN ON TRANSFER
ORGANISERS PAYMENT TRANSFER VALUE
0.5% OF ON TRANSFER & EVERY
SOLICITORS LEGAL ADVICE & HMRC QUERIES 5 YEARS
TRANSFER VALUE ANNIVERSARY FOR 4 YEARS
0.5% OF ON TRANSFER & EVERY
ADMINISTRATION PENSION TRANSFER & ADMIN 5 YEARS
TRANSFER VALUE ANNIVERSARY FOR 4 YEARS
ON TRANSFER & EVERY
TRUSTEE OFFSHORE TRUSTEE SERVICES ANNUAL FOR £200
ANNIVERSARY
TRUST LIFE
27. YOUR MEMBER PACKS: WHAT YOU GET
CREATE YOUR
PENSION ADMINISTRATORS OWN PMC ONLINE PENSION ADMINISTRATORS
MEMBER’S
ESTABLISHMENT PACK PERSONAL COMPLETION PACK
SPECIFIES ALL FEES & SERVICES MANAGEMENT
+ COMPANY FINANCE
YOUR UPT
WHERE & HOW TO MAKE YOU OPEN THE PMC AGREEMEN
MEMBER
CONTRIBUTIONS TO TRUST BANK ACCOUNT T MANUAL
TEMPLATES
SOLICITOR ASSISTANCE IN THE DEALS WITH
FOLLOWING YEARS ENQUIRIES FROM
28. QUESTIONS for US
QUESTION ANSWER
HOW DO I KNOW IT WORKS ? 21 YEARS PROOF OF SUCCESS. QC OPINION.
WHAT IF IT DOESN’T WORK FEES INSURED
WHAT IF THE LAW CHANGES TRUST DEED AMENDED RESTROSPECTIVELY
ARE THE FEES HIGH ? YOU GET 89% OF THE DEAL VALUE
CAN I UNWIND THE STRUCTURE YES, WITH NO MORE TAX BENEFITS
CAN I HIRE & FIRE THE TRUSTEES YES
29. QUESTIONS for YOU
YOUR ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR IS NEGATIVE ABOUT OUR PLANS:
- WILL HE SIGN A GUARANTEE ON HIS INDEMNITY TO PAY YOUR TAX IF HIS OPINION IS WRONG ?
YET WE DO PROVIDE A GUARANTEE OF OUR PLAN FEES
YOU OR YOUR ACCOUNTANT WONDER WHY YOU HAVEN’T HEARD OF OUR PLANS BEFORE:
- THE 1ST BOOK WAS PUBLISHED IN 1997. OUR PLANS HAVE FEATURED IN THE PRESS AND TV
WE ARE NOT RESPONSIBLE FOR OTHER’S LACK OF RESEARCH OR PROFESSIONAL KNOWLEDGE
WHY DOESN’T EVERYBODY DO IT:
- THESE ARE NOT MASS MARKET PLANS. THEY ARE ONLY FOR THE WEALTHY
EVERYONE WHO IS PROPERLY ADVISED & INFORMED DOES USE OUR PLANS
WHAT DO I DO WHEN HMRC ASKS QUESTIONS:
- THAT’S THE DIFFERENCE BETWEEN USING OUR IN-HOUSE EXPERTISE, AND OTHER PROVIDERS
YOUR FIXED FEES HAVE PAID FOR US TO DEAL WITH HMRC. WE’VE BEEN DOING IT FOR 21 YEARS
HOW DO I DO GET A FEE REDUCTION:
- 89% OF DEAL VALUE NOT ENOUGH FOR YOU ?
RECOMMEND A FRIEND, RELATIVE OR COLLEAGUE AND RECIEVE £100.00