General SSAS rules
A company director can have a SSAS. As SSAS can have up to 11 members in total. A SSAS is run by its members, who are trustees of SSAS. The scheme and its paperwork is managed by the Scheme Administrator, who can be a member of the scheme. Whilst not a legal requirement to have professional legal and compliance support, TLPI strongly recommend you ensure this is part of the service you employ to help protect the scheme from breaching HMRC rules and The Pensions Regulator’s regulations.
Within HMRC rules, a SSAS can invest in a range of assets, including commercial property or hands-free property investments. The SSAS scheme can provide commercial loans so could provide a loan to the company. This loan can be used to purchase assets, for example a building such as the company premises, or for any other valid business purpose. A SSAS can borrow money, via a mortgage for example, for investment purposes.
Do SSAS rules allow it to invest in property?
Within HMRC rules, a SSAS can invest in a range of assets, including commercial property or hands-free property investments. The SSAS scheme can provide commercial loans so could provide a loan to the company. This loan can be used to purchase assets, for example a building such as the company premises, or for any other valid business purpose. A SSAS can borrow money, via a mortgage for example, for investment purposes.
A SSAS Is a Trust which must adhere to SSAS regulation
We are often asked, is there a SSAS pensions regulator, how are SSAS pensions regulated, and who makes SSAS pension rules. To a certain extent, a SSAS is self-regulating. It is a trust, which means that it is run by trustees for the benefit of its members. In practice, all members of a SSAS are trustees of the SSAS scheme.
- Any member of a SSAS can be a trustee.
- A trustee does not have to be a member of the SSAS.
In the majority of cases, an SSAS is run by the members for the members, meaning there is no outside influence from trustees who are not members of the scheme. The rules of the scheme are dictated by HMRC.
Why Might You Not Want to Be a Trustee?
A SSAS member can opt out of being a trustee — but the default position is that all members should be trustees unless there is a valid reason or the scheme is structured to allow otherwise.
A SSAS must have at least 1 trustee to continue.
Legal Compliance Services
Ensuring legal compliance for your SSAS is crucial. Whilst it is not currently a legal requirement to have professional oversight (as of August 2018), TLPI strongly advise employing expert guidance to ensure you do not fall foul of HMRC and The Pensions Regulator rules and regulations.
TLPI products benefit from our legal compliance service. Our team of professionals are experienced in current regulations and best practices needed to manage the day-to-day operations of your SSAS, ensure fully informed decisions and awareness, and compliance with legislative changes that may affect your strategy.
Our all-in-one SSAS service is tailored to your specific situation and goals, providing peace of mind that your SSAS remains compliant and optimised for your needs. Give us a call on 01235 426666 to discuss your options.
Registering with HMRC
One advantage of a SSAS is that it can be exempt from certain taxes, including Capital Gains tax. If you want to invest in property, it can often be more lucrative to invest in property via a SSAS.
To qualify for tax-exempt status, a SSAS must be registered with HMRC. Each SSAS will also be granted a Pension Scheme Tax Reference (PSTR) number. It is usually prudent to only start contributing to a SSAS (or make transfers from an existing pension) once you are registered. If you make contributions or transfers before being registered with HMRC, the contributions will not qualify for tax relief and transfers will be unauthorised.
You should also know whether any members of your SSAS hold a certificate of protection or a HMRC protection reference number, and if the Money Purchase Annual Allowance applies to them.
The Pensions Regulator
Lastly, workplace pensions, including SSAS, are regulated by the Pensions Regulator (TPR), which is sponsored by the Department of Work and Pensions. TPR is responsible for making sure all employers set up their employees with a pension and that employee pensions are protected.
As a SSAS is a workplace pension, each SSAS must be registered with TPR if there is at least one employee enrolled. If the SSAS is made up of just one member, such as the employer, then it does not need to be registered with TPR. The Pensions Regulator can investigate and prosecute those who break the law.
