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.
Choose your route
What are you trying to do?
This page covers the rules. If you already know what you want the scheme to do, these pages take you straight to it.
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.
Trustee Obligations
Because every member is a trustee, the legal responsibility for how the scheme is run sits with the directors themselves rather than with a provider. In practice that means:
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Approving every investment, and being able to show why
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Keeping the scheme inside HMRC's rules, including the ban on residential property
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Testing any loan to the company against HMRC's five conditions before the money moves
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Keeping records and valuations, and submitting returns on time
Opting out of trusteeship does not undo responsibility for decisions taken while you were a trustee, and an unauthorised payment triggers a tax charge on the member or the company.
This is where TLPI carries the load: checking investments and loans before they proceed, keeping the records, and handling scheme registration, HMRC reporting and returns. The decisions stay yours. The compliance work does not. The difference between a trustee, the Scheme Administrator and a practitioner is explained in our insight on SSAS administrator, trustee or practitioner.
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.
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