Case Study 1 - Key Notes Flashcards

1
Q

State the additional information you would require in order to advise David and Ruby on their financial aim of ensuring they have sustainable income throughout retirement.

14 marks

Tips:
Think about the below for when alive, on death and how much:
- Need (what they want)
- Got (what they got)
- Fill (general extra info)

A

Need (what they want)

Income requirements / any specific future capital needs.

What the couple mean by ‘sustainable’ income in retirement.

Breakdown between essential and discretionary expenditure.

Any long term care requirements.

Life expectancy for both / family health history / how Ruby’s heart condition affects her life expectancy.

Views on gifting any money or assets to the children or grandchildren in their lifetime, or on death.

Views on inflation rates going forward.

Got (what they got)

David’s pension:
- performance of fund
- desire for David to continue managing
- costs of current plan
- David’s view of continuing to withdraw £20k
- availability of pension freedoms

Rubys pension:
- Available amount of PCLS from Rubys pension
- performance of fund
- costs of plans
- views on level of income required
- availability of pension freedoms

Fill (General)
- likelihood of inheritance
- view on equity release
- plan to move?
- capacity for loss and tolerance to risk
- pension nomination forms

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2
Q

Identify the additional information a financial adviser would require in relation to the level of income David is currently taking from his FAD pension scheme before giving advice on ensuring the couple have sustainable income in retirement.

8 marks

Tips:
Focus on what we know and go from there
- how can it be taken?
- what has been taken to date?
- inflation?
- potential death?
- investment performance?
- find choice?
- views on future?

A

FAD income - additional information
How long has he been taking the £20,000 annual income from the FAD.

Use of PCLS when he retired.

Rationale for £20,000 per annum figure / has this altered since David retired.

Existence of an up to date nomination form / who benefits from the funds remaining on David’s death.

Desired income / capital levels for Ruby should David pre-decease her.

Thought around continuing to manage investment funds himself.

Alternative funds available / switching options.

Fund charges / impact on returns.
David’s willingness to use other investments in order to generate retirement income.

David’s views on guarantees versus flexible benefits.

David’s views of inflation / its impact on the amount of income he needs annually going forward.

Any long term care concerns that may need a higher level of income in future years.

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3
Q

Describe the process an adviser would take David and Ruby through when giving them advice on how to obtain a stable and sufficient income throughout their retirement.

12 marks

Tips:
- Follow the advice process and make it pension specific

A

Establish / define relationship / confirm scope of service and fees.

Fact find to obtain their goals and objectives.

Establish their income and capital requirements / requirement on first death / essential and discretionary income requirements.

Establish their views on inflation.

Allow for the use of existing assets / ISA and unit trust investments / property equity that can be allocated to the objective.

Confirm the couple’s attitude to risk (currently low to medium) and capacity for loss.

Calculate current pension income from all pension / non pension sources.

Calculate any shortfall in the pension income required.

Analyse the current situation / consider options available.

Present the financial plan and recommendations and discuss.

Provide key information documents and suitability report.

Implement plan / obtain client agreement.

Monitor and review.

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4
Q

David and Ruby wish to ensure they have stable and sufficient income throughout their retirement.

Comment on the couple’s current pension situation in relation to their current financial arrangements, in light of what they are trying to achieve.

20 marks

Tips:
- methodically work through the factfind
- Comment’ means that you should note down;
what you do know
what you do not know
the implications
- literally taking facts from the case study and commenting on them in your answers.

A

General comments

The couple are have been retired for the last five years, both are past SPA.

We do not know their required income levels and capital requirements.

They have a low to medium attitude to risk.

They have two adult children and six grandchildren.

They have a mortgage-free property valued at £450,000, no apparent debts, as well as other savings and investments.

David has NS&I income bonds that provide guaranteed income annually / highly secure as underwritten by government / 3.59% x £200,000 = £7,180 secured annual income.

The couple have investments in unit trusts and a BTL that could help to provide annual income / invested in real assets.

S&S ISAs are invested into UK fixed interest securities and UK gilts. Gilts are highly secure.

State Pension

Both are in receipt of their Single Tier State Pension.

Both are receiving £11,120 gross annually; this suggests a full entitlement plus a protected payment.

Escalation of their Single Tier State Pension will be in line with the Triple Lock / protected payments in line with CPI.

The Triple Lock; so the higher of 2.5%, CPI and NAEI changes, gives the couple valuable inflation proofing (10.1% increase in April 2023 and 8.5 projected for April 2024).

The protected payment element will only benefit from escalation in line with CPI.

This is the couple’s only source of guaranteed and inflation-proofed income currently.

Both protect the couple from longevity risk as they are paid for life.

State Pension deferral is an option for both, even though payments have started.

David’s FAD

David is taking £20,000 gross annually as income from his FAD / no idea if it has been at this level for the last five years.

With the level of market volatility experienced in the last couple of years, sequencing risk and pound cost ravaging could be real risks for David’s FAD funds.

Appears to have taken full PCLS / no idea of usage.

Also exposed to investment risk /nothing stable about this retirement income source / longevity risk.

Growth potential to balance the many risks involved / help with sufficient income in the longer terms if good growth achieved.

Could purchase a secured income at any time if stability is a key area / rates will be better as David is already five years older than when he commenced FAD.

Ruby’s personal pension plan

Currently still uncrystallised, Ruby has the full choice of pension freedom options.

25% will be tax free (£30,000?) the remainder taxable at her marginal rate.
Ruby’s mild heart condition could affect her life expectancy / make her eligible for an enhanced annuity boosting the couple’s stable, guaranteed income stream.

Escalation could be built in to help income last in real terms in the longer-term.

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5
Q

Identify the key factors that a financial adviser should consider when reviewing David and Ruby’s financial arrangements before giving advice on their aim to have a stable and sufficient income throughout their retirement.

15 marks

tips:
- Think about what types of considerations would affect this area of advice
- is something you would take into account, so you will still potentially get marks for listing something that you already know.

A

Key factors

Income and capital needs, essential / discretionary income requirements.

Life expectancy / estimated period retirement income required.

Assets available / current and future inheritances.

State pension escalation / combination of Triple Lock and solely CPI on any protected payments.

The couple’s views on State Pension deferral.

Single Tier State Pension only current source of guaranteed escalated income.

Unaffected by longevity or investment risk.

Tax status.

Personal preferences; guarantees versus flexible income.

Economic conditions / inflation expectations.

Required / expected rate of return on the couple’s FAD / PPP / investments (ISAs/unit trust).

Yield projections on couple’s investments.

BTL potential net yield if retained and rented out.

Attitude to risk / tolerance of risk / capacity for loss.

Desire to leave funds to children and grandchildren on death, and an idea of when and how much to be given.

Willingness to use other assets / downsize / use property equity.

Views on equity-release / home reversion plans.

Ruby’s likely qualification for enhanced annuity / higher guaranteed income levels.

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6
Q

Outline to David and Ruby the key issues that may result in the couple failing in their objective of having a stable and sufficient income throughout their retirement.

10 marks

tips:
- make a list of where the couple’s retirement income could potentially come from and what issues could come from these?

A

The one current source of guaranteed income is their Single Tier State Pension/ no death benefits passed on first death / this income dies with them.

FAD subject to many risks including longevity / investment / sequencing / fund erosion / pound cost ravaging.

David manages his FAD funds / lack of experience may result in lower gains.

Fixed interest funds have no equity content / likely to be more susceptible to inflation risk.

Relatively modest pension funds - £420,000 between them.

Ruby’s heart condition; may end up needing care resulting in higher capital and income requirements than expected.

David is in good health / greater longevity will put a higher strain on the couple’s pensions and assets.

Low to medium ATRs; less likely to take investment risk, investment returns likely to be lower as a result.

High level of FAD withdrawals in relation to fund size / could already have eroded fund if same withdrawals made over each of the last five retirement years.

ISA funds selected are cautious / no equity content - will limit real returns.

Considering selling BTL property, which is a real asset capable of returns above inflation via rental income.

Selling the BTL property would realise a £150,000 gross capital gain (£125,000 after allowing for £25,000 costs) / higher CGT at a 18% /28% rate.

Unit trust commercial property fund has no diversification / highly illiquid / possible six month wait for any encashments.

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7
Q

Outline to David the key factors in relation to his flexi-access drawdown that could affect the couple’s desire to have a stable and sufficient income in retirement.

10 marks

tips:
- Think of all the negatives associated with FAD

A

Relatively modest fund value of £300,000.

Equity funds subject to investment risk / fixed-interest exposure subject to inflation risk.
Effects of sequencing risk and pound cost ravaging due to withdrawals in early retirement years and market / fund volatility.

Funds managed by David himself / levels of fund management experience unlikely to be high.

Costs and charges higher / impact on overall net returns.

David currently taking withdrawals that represent 6.66% of his FAD fund value / sustainability at this level.

Higher equity content required with FAD to combat mortality drag / more volatility and susceptible to market fluctuations.

No / little protections against longevity risk / easier for David to erode his FAD fund / run out of monies.

If fund value drops, FAD withdrawals should be reduced / affecting the couple’s retirement income levels negatively.

If withdrawals are not reduced, further exposure to pound cost ravaging / does not bode well for this income source lasting for the couple’s retirement.

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8
Q

David and Ruby have concerns around providing themselves with a sustainable income throughout their retirement. As a result, they have asked you to carry out some cash flow modelling with them.

Explain the process you will take them through in order to carry out this exercise.

10 marks

tips:
- cash flow modelling in 3 main stages:
1. What they want & need
2. What they will have
3. where income in retirement can come from

A

Cash flow modelling process

Establish with David and Ruby their current and likely future expenditure in retirement.

Regular expenditure is broken down into two groups:

Fixed: costs such as food, utility bills, and other household bills.

Discretionary: e.g. eating out, holidays, gifts.

Capital expenditure must also be discussed and accounted for
Such as;

Future lump sums, required.

Potential gifts to children / grandchildren.

Also consider health / life expectancy - reduced for Ruby / longer for David?

Potential long term care costs (regular or lump sums) could also be included.

The next step is to consider the income that David and Ruby will have. This will include:

Income from their Single Tier State Pensions.

David’s FAD withdrawals.

Income from Ruby’s PPP - possible enhanced annuity / FAD.

Any other income, such as from their ISAs, Ruby’s BTL and joint unit trust.

Any future inheritances likely that could help.

Assumptions must be agreed with David and Ruby, including:
Inflation.

Investment returns.

Costs and charges.

Life expectancy.

A cash flow modelling computer system will then look at the couple’s income and capital situation on a projected annual basis.

It is possible to then apply a series of ‘what if’ scenarios, such as what if interest rates rise, gilt yields fall, annuity rates decrease, ill health occurs, they live longer than expected, etc.

This will highlight any situations where surpluses or deficits may arise.

Plans can then be put in place to take advantage of any surpluses or mitigate the impact of any deficits.

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9
Q

Outline the main benefits of using cash flow modelling to analyse whether David and Ruby are likely to have a sustainable income throughout their retirement.

8 marks

tips:
- work through CFM step by step and apply to CS

A

Highlights periods where income or capital is in deficit / surplus.

Allows David and Ruby to take any required actions now to either prevent a deficit or to maximise opportunities.

Can help the couple achieve their aim of obtaining a stable and sustainable income throughout their retirement.

Analyses different scenarios such as living too long, running out of monies, not having enough for a comfortable retirement.

Can demonstrate the impact of increased inflation on income and capital.

And the effects different scenarios have on levels and requirements.

Pinpoints areas of finance where costs can be cut, or additional investments made.

Identifies potential issues or opportunities.

Gives David and Ruby the opportunity to discuss with an adviser how to plan for and / or overcome potential shortfalls.

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10
Q

State the reasons for not solely relying on cash flow modelling to ensure David and Ruby have a stable and sustainable income throughout their retirement.

8 marks

tips:
- state means list

A

The couple may live longer than expected (even with Ruby’s heart condition).

The process uses many assumptions; it is an estimate only.

Inflation assumptions may be incorrect.

The investment growth assumptions may not be met; these are not guaranteed and there may be adverse market conditions.

the impact of high FAD withdrawals may be more significant than expected.

The couple’s personal circumstances may change.
Taxation rules / legislation may change (lets face it, pension rules change every year!)

ATR / CFL may change.

Charges and fees may be higher than expected.

The process provides a snapshot at one point in time; in practice, regular reviews will be required.

There could be input errors / human error / misunderstanding of information by David and Ruby or by their adviser.

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11
Q

David is currently using flexi-access drawdown to provide some of his retirement income.

Explain to David why he may wish to stop taking FAD withdrawals in the short term.

10 marks

tips:
- think of all the drawbacks of FAD, and how stopping withdrawals may help

A

Reasons for suspending FAD withdrawals short term:

£20,000 withdrawals exceed David’s personal allowance / FAD income is taxable at his basic marginal rate.

He is exceeding the current recommended safe withdrawal rate of 6% / making funds more susceptible to erosion and pound cost ravaging.

He will retain more within his tax efficient pension wrapper - income and capital gains tax efficient (saves 20% / 10% in these taxes).

Leave more in the pension wrapper that will be IHT free / the couple already have an IHT liability.

FAD value may have decreased already due to market volatility / high initial withdrawals.

Can adjust investment strategy / use a professional fund manager rather than David to boost growth.

Greater tax free pot to pass to Ruby / children / grandchildren pre age 75.

Greater growth potential / more likely FAD funds will last for longer-term retirement needs.

Income available from other assets that have fewer tax benefits such as unit trust / income bonds / BTL and S&S ISAs.

ISA will provide source of tax free income / ISAs are not IHT efficient like his FAD fund.

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12
Q

Explain to David why it is important for him to regularly review the level of income that he draws from his flexi-access drawdown arrangement.

10 marks

tips:
- think of all the drawbacks of FAD

A

The couple’s income needs may change / may reduce as they get older or increase if Ruby’s health means she needs greater care.

Review investment fund performance.
Tax efficiency / maximise use of tax allowances.

Market conditions / volatility.

Sequencing risk / pound cost ravaging / safe withdrawal rate.

Income / capital available from other sources the couple have.

IHT planning for children / grandchildren.

Annuity rate changes / could a higher income be obtained via a secured income / rates have been rising recently.

ATR / CFL changes.

Health / life expectancy changes / reviews.

Taking account of any government / legislation changes.

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13
Q

Explain to David what a safe withdrawal rate is, and why it is important for him to keep this reviewed at least annually in relation to his FAD funds and withdrawals.

8 marks

tips:
- what is it?
- why its important to review it annually.

A

This is the maximum % of withdrawals David can make from his FAD funds;
over a period of 30 years; with a 95% probability that he will not run out of funds.

David and Ruby want a sustainable retirement; reviewing the SWR at least annually will help with this.

They will minimise their chances of running out of monies in retirement.

This will reduce the chances of pound cost ravaging and fund erosion.

This will help protect David’s FAD fund, with all its tax benefits including providing higher death benefits for Ruby / IHT efficiency.

It will give them greater peace of mind in terms of their retirement funds and income.

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14
Q

Explain in detail to David and Ruby why they may wish to purchase an annuity using some of their personal pension funds to meet some of their retirement income needs in terms of a stable and sustainable income in the longer-term.

12 marks

tips:
- key word is some so consider benefit of using funds and benefits of not using some
- think of all of annuity features and how they’re a benefit

A

This would provide them with a guaranteed income source with no longevity risk.

The income would therefore last them in the longer-term.

They could use their annuity income to meet their essential expenditure needs.

This is a simpler solution / gives them peace of mind / no worries for David in terms of investment management.

This solution is more consistent with the couple’s low to medium ATR.

Escalation can be built in to inflation-proof this income source.

The couple can build in a spouse’s pension for each other on first death.

Capital guarantees can be built in, in case of shorter than expected life expectancy.

Investment growth potential on their non annuity funds / David’s remaining FAD funds.

Lower costs / less adviser time required / no need for annuity annual reviews.

Annuity rates have recently significantly improved / couple are also older, so greater benefits from mortality gain.

Ruby may qualify for an enhanced / impaired life annuity, boosting income levels further.

Further annuities can be purchased if rates continue to ruse / Ruby’s health deteriorates.

Invested pension funds remain within tax-exempt wrapper with income, capital gains tax and inheritance tax benefits.

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15
Q

David and Ruby require a stable and sustainable income for their longer-term retirement needs. Explain how a purchased life annuity could help achieve these aims.

10 marks

tips:
- list all PLA features and then which ones relate to casestudy

A

This would provide a guaranteed income for their lifetime, achieving the stability and sustainability they require / avoiding longevity risk.

There would be no investment element / more of a match for the low end of their ATRs / avoiding any investment management for David.

Part of their income payments would be classed as capital and would be paid tax free / boosting their net income levels / saving 20% income tax.

This element is calculated using life expectancy / Ruby’s possible lower life expectancy could make this element larger / again leading to higher income levels.

The other part of their annuity payments would be classed as savings income / this could mop up both their £1,000 PSA allowances if unused / part may be taxable at 0% for Ruby using her savings starter rate / maximising tax efficiency / saving 20% income tax.

Escalation could be built in to the PLA, inflation proofing this income stream.

Death benefits could be built in for each other on first death / providing some sustainability in to longer-term retirement, which is one of their aims.

A guaranteed period could be built in, to ensure a minimum return on premature death.

The solution is simpler / peace of mind for our couple.

Lower costs and charges / no need for adviser annual reviews with the PLA.

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16
Q

David and Ruby require a stable and sustainable income for their longer-term retain needs. Explain the death benefits that could be paid from both their pension schemes, and how they would be taxed.

10 marks

tips:
- think of all possibilities relating to age

A

David is currently in FAD / on his death there would be a variety of options.

These would include taking crystallised funds as a lump sum, continuing in FAD, buying an annuity with the fund, or a combination of these.

FAD recognises all classes of beneficiary, so dependents (Ruby) and nominees and successors (children and grandchildren).

In theory Ruby, his children and grandchildren would therefore all have options.

Ruby currently has an uncrystallised personal pension / on her death there would be a variety of options.

These would include taking uncrystallised funds as a lump sum, moving in to FAD, buying an annuity with the fund, or a combination of these.

Death benefit taxation

If David dies pre age 75, however benefits are taken these will be tax free to his beneficiaries. They are not classed as BCEs and there will be no LTA test.

OR

If David dies age 75 and above, however benefits are taken these will be taxable at the marginal rate of the beneficiaries.

If Ruby dies pre age 75, taking her PPP as cash is classed as a BCE and there will be a LTA test (LTA still exists / just the lifetime allowance charge has been abolished in the current tax year). As this is within Ruby’s LTA there will be no income tax charge.

OR

If Ruby dies pre age 75, using her PPP for FAD or annuity purchase would not be a BCE so there would be no LTA test and no tax charge.

OR

If Ruby dies age 75 and above, however benefits are taken these will be taxable at the marginal rate of the beneficiaries.

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17
Q

David is concerned that withdrawing £20,000 annually from his personal pension has caused a fall in his current fund value.

Explain what pound cost ravaging (or reverse pound cost averaging) and sequencing risk are, and how these may have played a part in the decline of David’s FAD fund value.

10 marks

tips:
- explain and link back to casestudy

A

Pound cost ravaging works in the opposite way to pound cost averaging.
It considers the implications of taking regular withdrawals during times of market volatility.

When withdrawals are taken from a fund during market downturns:
more units will need to be sold to provide the money for David’s £20,000 a year withdrawals from his FAD arrangement;
this can lead to a rapid reduction in the value of the fund;
this adversely exaggerates the effect of volatility.

Sequencing risk

This risk occurs where higher fund withdrawals are taken in the early years of taking income from a fund, such as in retirement, in an environment of poor market returns and volatility (as we have experienced over the last few years).

This creates an early drag on the investment growth received, which can mean that the fund value will struggle to recover.

Where a fund has good growth in the early years, the investment has a chance to grow before the withdrawals have a detrimental effect on the fund value.
With the market volatility over the last few years, which has coincided with their recent retirement, this will have contributed to his withdrawals having an impact on the fund value.
The concern over this could have lead to David wanting to ensure that he will have sustainable income throughout retirement as, at the current rate of withdrawal and assuming no growth, he would only have 15 years of income within the fund: £20,000 x 15 = £300,000.

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18
Q

Outline how the couple can use their existing ISA and unit trust investments to help provide a sustainable retirement standard of living whilst maximising tax-efficiency and suitability.

8 marks

tips:
- how do they do this now?
- what else could they do?

A

The couple currently have between them stocks and shares ISAs and a jointly held unit trust.

All these investments are all relatively liquid.

They can access the ISA investments without CGT implications, currently saving 10% in CGT above their annual exemptions.

They are over the IHT thresholds currently. Using their investments for income and capital needs can help to reduce any IHT due on second death, as they will be depleting these assets, not their IHT-efficient pension funds.

Some of their ISA and unit trust investments could be in funds that do not align with the couple’s low to medium ATR (such as their Commercial Property fund).

As a result, using these will start to balance their overall portfolio to the low to medium ATR they are more comfortable with.

They could move the funds in their S&S ISA and the couple’s joint unit trust to ones that distribute income by switching to distributing funds.

By encashing the unit trust over a few years, the couple can use each tax year’s CGT exemption, although the exemption amount is reducing in future tax years.

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19
Q

David and Ruby have a number of different investment funds.

Outline the reasons why David and Ruby’s current pension and investment fund choices may not be suitable to achieve their aim of providing a stable and sustainable retirement income for the longer-term.

8 marks

tips:
- what do they have?
- what are their features and drawbacks?
- think of their tax statuses and allowances

A

ISA UK Gilt and fixed interest funds.

Limited growth potential.

Value likely to be eroded by inflation in the medium to long term, as inflation rates are currently much higher than interest-based returns.

Subject to interest rate risk.

Charges may exceed returns, leading to fund erosion.

Wasted ISA allowances for both David and Ruby using interest-bearing funds.

Unit Trust commercial property fund

Does not match their low to medium risk ATR (UK Commercial Property fund).

Relatively illiquid / withdrawals could be delayed by up to six months.

Dividends above the couple’s £1,000 DAs will be taxed at 20%.

David’s FAD fixed-interest funds

Will not help to combat mortality drag / no idea what percentage of his fund is in this fund type.

David’s FAD equity funds

Details unknown, so may not be appropriate for achieving goal of stable and sustainable income.

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20
Q

Comment on David and Ruby’s current investment portfolio and fund choices, in relation to their aim to provide a sustainable income in retirement.

20 marks

tips:
- Take each of their holdings one by one and comment on how it will help with their retirement needs.
- Think about the sustainability;
- will it be regular?
- how will it be affected by inflation?
- is it accessible when they want it?
- There is also the taxation angle.

A

NS&I Income Bonds

This provides a competitive rate of interest that is variable so will increase if general rates increase.

It is likely to pay interest at a rate below inflation.

There is no possibility of a capital gain.

This will mean that its real value will be eroded over time.

The funds are liquid so can support any ad hoc needs for capital.

The funds are fully protected via HM Treasury.

It is currently paying at a rate of 3.59%, so is generating £7,180

This is only in David’s name, with income over his £1,000 PSA being taxed at 20%.
It is not able to utilise Ruby’s PSA or 0% starting rate band.

Stocks and Shares ISAs - UK Fixed interest and UK Gilt funds

These funds are very liquid allowing not just the income but also capital to be withdrawn free of income tax.

Growth within the funds is also exempt from CGT.

They can get the natural income paid out of these funds to support their income needs.

They can continue to top up the funds each tax year using the £20,000 contribution limits.

On first death, the tax efficiency can be maintained using APS rules.

If they take the income from the funds, there is likely to be minimal capital growth, eroding the value over time.

Unit Trust - UK Commercial Property Fund.

They will be able to take income from the fund and utilise some or all of their Dividend allowance.

It is held jointly so both of their allowances are available.

The fund can be illiquid as invested in property, so there may be restrictions imposed on capital withdrawals in difficult market conditions.

They can utilise their CGT exemption each year to switch the value over time into ISAs for increased tax efficiency.

Dividend payments are variable, so will not provide a stable regular income.

Buy to Let property

This is in Ruby’s sole name.

The property is a tangible asset which may be easier to understand than pensions or other collective investments.

It can generate rental income to help meet their retirement income needs.

They have no mortgage on the rental property so, after expenses and taxation, they will have access to most of the rental income.

There is however a lack of diversification with only one property held.

There may be void periods when no rental income is received.

Ruby is concerned with the administrational burden.

Using this to provide income would mean continuing with this, or appointing a property management company at a cost.

Property is illiquid, and may be difficult to sell if they need to access the capital.

There is a significant CGT bill payable on sale of the property.

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21
Q

David and Ruby want a stable and sustainable income throughout their retirement.

Explain to the couple the inflation protection they currently have in place and the options they could consider to improve both inflation protection and sustainability of income throughout their retirement.

14 marks

tips:
- This question has three parts to it. Breakdown each asset:
1. current inflation protection;
2. options to improve inflation protection;
3. help with their financial aim of sustainable income throughout retirement.

A

Sustainable retirement income - current inflation protection

Both are in receipt of their Single Tier State Pensions.

Both appear to have the full entitlement, plus a protected payment.

State Pensions are protected by the Triple Lock. From April 2023, they increased by the September 2022 CPI increase of 10.1%. The projected increase for April 2024 is 8.5%.

The couple’s protected payments will rise in line with CPI only, though was still 10.1% last April and will be 8.5% in April 2024.

The couple have a joint unit trust, invested into a Commercial Property fund; this is invested in real assets and should provide a hedge against inflation.

The couple own their £450,000 property outright / Ruby inherited a BTL property from her mother.

Property as an asset class has historically performed well in terms of value increases and a real return (in excess of inflation).

Options to improve inflation protection and ensure a sustainable retirement income

David has £200,000 in NS&I income bonds with a 3.59% rate of return.

Reducing this holding and investing more into equity-based assets would help provide a greater inflation hedge.

Any remaining holding could be shared with Ruby to maximise allowances and tax efficiency.

The couple should continue to use their ISA allowances, investing in in equities, multi asset and property funds as these provide both a hedge against inflation and real growth potential. As long as they are within their low to medium risk ATRs.

Bed and ISA their unit trust to maximise the use of their CGT annual allowances. This avoids 10% CGT on any gains and moves monies where they can grow and provide income in an income and capital gains tax free environment.

The couple should consider switching out of their fixed-interest and UK Gilt funds in ISAs and David’s FAD. These are likely to provide returns below inflation and are not invested in real assets.

Ruby’s BTL property could be rented out via a management company. This would provide a source of retirement income for Ruby plus retain monies in a real asset. It would also avoid the stresses of administration requirements.

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22
Q

David and Ruby want a stable and sustainable income throughout their retirement. They have both reached State Pension Age and are in receipt of their State Pensions.

Explain to the couple how their State Pensions helps with inflation protection and the sustainability of their income throughout retirement.

8 marks

tips:
- breakdown each source of pension income

A

The Single Tier State Pension is inflation-proofed via the Triple Lock.

The State Pension provides a guaranteed, escalating income for life.

David appears to have normal life expectancy / Ruby maybe not / State Pension will be paid however long or short their retirement lifespan is.

It is not subject to longevity or investment risk.

The inflation-proofing built in will help maintain the purchasing power of their State Pension incomes in the long term.

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23
Q

David and Ruby want a stable and sustainable income throughout their retirement. They have both reached State Pension Age and are in receipt of their State Pensions.

The couple are considering deferring their State Pensions. Explain how deferral would work, and how this could help with their retirement goals.

10 marks

tips:
- This question has two parts to it:
1. the mechanics of State Pension deferral
2. how it could help our couple with their retirement goals - stability and sustainability

A

The Single Tier State Pension can only be deferred once / either on reaching SPA or once in payment.

The minimum deferral period is nine weeks / no maximum.

Since 6th April 2016, only an increased income in payment is available / no lump sum option.

Their income will be increased by 1% for each whole 9 week deferral period / capped at 5.8% per whole deferral year.

Once in payment, the increased Sate Pension income will be paid gross but taxable.

State Pension deferral - help with sustainability / stability

The State Pension provides a guaranteed, escalating income for life.
The inflation-proofing built in will help maintain the purchasing power of their State Pension incomes in the long term.

David and Ruby could live off their investments / ISAs / BTL income, saving the State pension for later in their retirement.

An increased payment in the future would help with their sustainability aim / guaranteed payments help with stability of income.

As long as they deferred for at least 9 weeks, they could select a deferment period that suits their needs, it does not have to be years and years.

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24
Q

David and Ruby wish to ensure they have a stable and sustainable income throughout their retirement.

(a) List the two main generic options the couple could explore which involve using their main residence to help with this financial aim.

2 marks

(b) Explain to David and Ruby how each of these options could be use to provide them with income throughout their retirement.

12 marks

tips:
- resi. property options
1. How would this help the couple with their aims of a stable and sustainable retirement income?
2. Are there any tax implications?

A
  1. Downsize their property to release some of the equity.
  2. Consider equity release to access capital whilst remaining in the home.

Option explanations - downsize

David and Ruby could move into a smaller home and release some of the equity from their £450,000 mortgage-free home.

They could then use this money to invest to provide an income.

They could use the money released to buy an inflation-linked purchased life annuity (PLA) / some other form of income-generating investment.

This could provide them with a guaranteed inflation-linked income for life (if they built in index-linking) helping with their concerns around sustainable and stable income in retirement.

A PLA would generate higher income levels than a conventional annuity, as the capital element of the income would be tax-free.

Option explanations- Equity release

They could release capital from their home via a lifetime mortgage or home reversion plan.

Both options would generate a capital lump sum for the couple whilst allowing them to remain in their home.

This capital could be used to purchase a PLA or invested to produce an income (index-linked bonds / Gilts), helping with their financial aim of sufficient income throughout retirement.

They would be able to remain in their home until both of them had died or had both gone in to care.

They may not need to pay any interest, and may benefit from a no negative equity guarantee with a lifetime mortgage.

The amount that they could release would depend on their age and health.
The lifetime mortgage loan would be repaid on death or when the property is sold.

The home reversion portion would revert back to the provider on death or when the property is sold.

Both options would also help with inheritance tax, as the couple’s estate is currently above £1 million.

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25
Q

Recommend and justify a range of actions that David and Ruby can take to improve the long-term sustainability and stability of their retirement income.

16 marks

A
  1. Agree emergency fund monies required / keep these on deposit in joint names.

Easily accessible to David / Ruby in case of any capital needs.

Avoid cashing in investments during poor market conditions.

Interest may be tax free within the couple’s PSAs / Ruby’s available 0% savings starter rate, saving 20% income tax.

  1. Bed / ISA monies from unit trust.
    Can provide additional source of tax free income to boost retirement needs / tax free growth potential.

Avoids paying CGT on gains from the unit trust holdings, providing more funds for David and Ruby.

Higher yield funds can be selected in line with low to medium ATRs.

  1. Buy a purchased life annuity with cash, for example from Ruby’s PPP PCLS.
    Part of income tax free / boosted if Ruby has shorter life expectancy.

Other part classed as savings income / helps use up couple’s £1,000 PSAs / Ruby’s 0% savings starter rate.

  1. Guaranteed income giving stability and sustainability / no longevity or investment risk.
  2. Buy an enhanced / impaired life annuity with Ruby’s personal pension fund.

Ruby will receive a higher rate due to a lower life expectancy (if she qualifies).
Guaranteed income for life.

Death benefits can be built in for David / guarantee period.

  1. Move part of NS&I income bonds into Ruby’s name.

Helps mop up both David / Ruby’s £1,000 PSAs and Ruby’s available 0% savings starter rate.

  1. Interspousal transfer so no tax implications.
  2. Make pension contributions of £3,600 gross annually for next five years, until reach age 75.

Recycling monies out of other investments such as NS&I Income bonds.

Will receive 20% tax relief on contributions.

  1. Building up another tax efficient fund / IHT free on death saving 40% tax.
    Transfer the BTL property into joint names / rent it out via a management agent.

Sheltered gain can use both of the couple’s annual CGT exemptions / saving 10% CGT on disposal.

Interspousal transfer, so no immediate taxation.

Rental income can provide additional income for retirement needs.

Property is a real asset which provides a hedge against inflation / growth potential.

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26
Q

Identify the additional information a financial adviser would require to advise Ruby on the merits of either selling or retaining her buy-to-let property.

14 marks

tips:
- where the property came from:
what plans Ruby may have for it;
- the couple’s income need;
their IHT issue and whether we can look to use this asset to help mitigate this.

A

Thoughts about the property, sentimental attachment to inheritance from mother.

Desire to retain property to pass to children / grandchildren.

Willingness to gift the property.

Rental yields achieved from the property.

Is the property in an area that can be rented easily.

Whether the property is currently in a rentable state / cost of bring it up to standard.

Landlord difficulties encountered over past few years.

Thoughts about outsourcing some of the administration requirements to a management company.

Management company costs.

Amount of income desired from the property value.

Any previous / current year CGT losses.

Has she ever lived in the property during her period of ownership.

Any other gains liable to CGT this tax year.

Use of current year’s CGT exemption.
Views / willingness to transfer property to joint names with David.

Views on completing annual tax returns.

Full details of all income for this tax year / tax status now and in the future.

27
Q

Identify the key factors that a financial adviser should consider when recommending whether Ruby should sell or retain her BTL property.

12 marks

tips:
- emotional factors
- tax implications

A

Ruby’s attachment to the property, due to it having been an inheritance from her mother.

The level of income required from this asset.

Level of income likely.

Availability of a managing agent / costs for this service.

Whether a managing agent being involved would reduce the administration for Ruby to an acceptable level.

Likelihood of void periods / potential for suitable tenants in area.

State of repair of the property / likely maintenance costs.

Ruby’s view on continuing as a landlady.

Lack of liquidity in property ownership.

CGT bill payable on sale of the property / large sheltered gain (£150,000 before deduction of £25,000 costs if allowable).

Her use of CGT annual exemption/ any gains or losses from other assets / HMRC registered losses.

Reduction in the CGT exemption from next year / only £3,000.

ATR in regards to this property ownership.

Likely rental yield available.

Her views on transferring the ownership to joint ownership with David.

Her views on transferring all or some of the property to children / grandchildren either in life or on death.

Impact of market conditions such as interest rates rising on ease of sale or rental prospects.

28
Q

Ruby inherited a buy to let (BTL) property from her mother a number of years ago.

State five benefits and five drawbacks for Ruby of retaining the BTL property, finding new tenants and renting it out.

10 marks

tips:
- financial aims
- rental issues

A

benefits

She will be able to receive rental income. The income can help towards their objective of having a sustainable income throughout retirement.

She will not incur the costs involved in the sale of the property.

Rental income could increase in the future. This can help to offset the effects of inflation, which would help with the couple’s long term retirement income.

The capital value could increase, increasing the value that can be passed to the children and grandchildren on the couple’s death.

There will not be an immediate CGT liability.

Drawbacks

The property is currently unrented, and void periods may continue to be a problem.

Ruby will have the administrational burden of being a landlady, with the need to complete tax returns, and deal with maintenance issues.

There can be additional costs to keep the property in a rentable condition and pay for management / accountancy services.

It is an illiquid asset that takes time to access the value from if Ruby needs it later.

The rental income received is categorised as non-savings income, is taxable, can’t use any available PSA or DA, and can’t be used to support pension contributions.

CGT will be payable on sale, and Private Residence Relief can’t be claimed.

29
Q

Outline four risks associated with continuing to rent out Ruby’s buy to let property.

8 marks

tips:
- list and explain

A

Void Periods - Lack of tenants will impact on income received and net yield.

Maintenance Risk - Cost of repairs and damage / maintenance.

Liquidity risk - May take a long time to sell / cannot part sell.

Market risk - The property will fluctuate in value.

Diversification Risk - Property is a large weighting of overall wealth. 62% of total estate if we include Home, buy to let and unit trust UK Commercial Property fund.

30
Q

Comment on why continuing to hold a buy to let property investment may not be suitable for Ruby in her current circumstances.

8 marks

tips:
- identify and explain
- think about:
1. the worry over the administration.
2. her health.
3. their need for income.
4. their low to medium ATR.
5. the risks associated with property as an investment.

A

Ruby didn’t choose to be a landlord, she inherited the property from her mum, and as she only has the one property would not appear to have much experience of managing property.

She is finding the administrative requirements of being a landlord increasingly difficult.

Although in good health, she has a minor heart condition; the extra stress of dealing with the administration may affect her health negatively.

If she engages a professional management company to alleviate the admin:
- this could prove costly and would reduce the yield payable.
- this would reduce the level of income that can go towards their objective of having a sustainable income throughout retirement.

If she keeps her mother’s property, she will will continue to hold an illiquid asset, and these funds can’t be used towards other objectives.

Direct property investment is considered to be higher risk and this does not match her stated low to medium attitude to risk
There will be ongoing costs to keep the property in rentable condition.

The value of the property is likely to increase, further impacting their IHT and CGT liabilities.

The couple have a high proportion of their overall assets invested into property / 30% if we exclude their main residence / 62% if we include it.

31
Q

Outline the administrative duties Ruby has as a landlady.

10 marks

tips:
- think of everything involved with renting and legal requirements

A

Ruby will need to find tenants and make sure that appropriate tenancy agreements are in place.

She will need to ensure that the tenant is meeting their obligations under the tenancy agreement.

Any deposit taken from the client must be held safely under a deposit protection scheme, within 30 days of receiving it.

Maintenance issues must be dealt with once they have been reported by the tenants.

An inventory needs to be in place to confirm what is part of the agreement, therefore part of her responsibility is to maintain this.

The property must be kept safe and free of health hazards.

Electrical installation safety certificate obtained at least every 5 years / gas safety certificate obtained every year.

Buildings insurance maintained.

Income from the property must be reported as part of self assessment to HMRC / keep accounts in order to properly report rental profits.

If tenants do not meet their responsibilities under the tenancy agreement, for example defaulting on the rental payment or damaging the property, she may need to take legal action.

In between tenancies there may be repair or redecoration costs in order to get the property in a rentable condition.

On sale she would need to report the gain to HMRC, and would have to pay any CGT due within 60 days of completion.

CGT would be payable at 18% for any taxable gain within her non-taxable band and basic rate band, and 28% above this.

It appears that there will be no qualification for Private Residence Relief.

32
Q

Identify and explain the benefits of Ruby instructing a property management company to take over the administrative duties in regards to her buy to let property.

10 marks

A
  1. The property management company will find the tenants, and perform checks such as references and credit checks.

This should mean the quality of the tenants is good.

  1. Any communications from the tenants will be dealt with by the management company.

Maintenance issues will be identified, and rectified promptly.

  1. The costs of maintenance may reduce due to having a panel of appropriate tradesmen that they can call on / there may be discounted services due to the property company having multiple properties that they look after.
  2. All tenancy agreements will be checked for accuracy and reflect any legislative changes on each renewal.
  3. Advice will be available to set the rental amount in line with market changes. Rental income could, as a result of this, increase at each rental review, maximising the amount Ruby is receiving from her investment.
  4. Property inspections will be carried out to ensure that the tenant is meeting their obligations.
  5. The property management company will have access to a deposit protection scheme, so Ruby won’t need to make separate arrangements.
  6. Ruby will be kept informed of any legislative changes or issues.
  7. Relevant safety certificates will be monitored and updated at the required intervals.
  8. Landlord insurances may be available, which could protect Ruby from issues such as rental defaults, damage caused by tenants, or the legal costs incurred if a tenant had to be removed from the property.
  9. Annual statements of income received and management charges can be produced to streamline the self-assessment process.
33
Q

Explain in detail to Ruby the capital gains tax (CGT) treatment for her should she decide to sell the property during this tax year.

14 marks

tips:
- breakdown the steps of the calc. Not sure if actual calc. figures required but need to personalise to CS

A

The property is held in Ruby’s sole name.

For CGT purposes, her acquisition cost is the inherited value of £160,000.

She can use the £25,000 costs of improvements to lower her taxable gain.

The property is not her main residence, so CGT will be payable if she sells it.

Whilst in Ruby’s name, only her CGT exemption will be available.

Should the couple decide to transfer it to joint names, the transfer would not be a disposal for CGT purposes, due to interspousal rules.

Any costs involved in the sale of the property could also be deducted from the gain.

The current gain is showing as £310,000 - £160,000 - £25,000= £125,000.

The current annual exemption for CGT is £6,000 for the 23/24 tax year
(it will be £3,000 in 2024/25). Ruby does not appear to have used this.

After annual exemption of £6,000, £119,000 would be taxable.

We don’t have full details of all the income being received, but David appears to be a basic rate taxpayer, and Ruby a non taxpayer.

Ruby’s current income is £11,120 plus any income from her current account or the unit trust.

Her personal allowance is not relevant for CGT purposes.

For second property sales there is an 8% surcharge on the CGT rates on standard 10% and 20% rates.

Any part of the gain that falls within her un-used personal allowance would be taxed at 18%
Any part of the gain that falls within the maximum (non-expanded) basic rate band of £37,700 would also be taxed at 18%.

After this, a rate of 28% would be payable.

So using just the incomes we know, the bill may be:
£1,450 (remaining PA after £11,120 State Pension) x 18% = £261
£37,700 x 18% = £6,786
£79,850 (balance of gain) x 28% = £22,358
Total = £29,405

This would be increased if Ruby had other income using her basic rate band.
CGT on a property sale is due 60 days after completion of the sale.

34
Q

Outline the process required to calculate any capital gains tax due if Ruby decides to sell her inherited buy to let property (no calculations required).

8 marks

tips:
- breakdown and personalise calc. process

A

Ascertain the actual disposal proceeds received by Ruby selling the property.

Deduct the acquisition cost of £160,000 when inherited from her mother
Deduct the £25,000 if confirmed as allowable enhancement costs.

Deduct any allowable expenses incurred as part of the sale.

Deduct any available CGT exemption; £6,000 maximum for the 2023-24 tax year.

Deduct any available previously-registered losses.

Work out the tax bands by adding the gain to the top of Ruby’s other incomes in the current tax year.

Tax the gain at the marginal rates: either 18% or 28%.

Pay the CGT within 60 days of the property sale.

35
Q

If Ruby decides to sell her buy to let property, identify Ruby’s options for investing the proceeds in order to generate an income to support the couple’s retirement lifestyle.

6 marks

A

Maximise this year’s ISA allowances in income producing funds.

Invest in NS&I Premium Bonds in her own name.

Look at further collective investments that can use her dividend allowance, and that she can (in future years) use to benefit from the CGT allowance as she feeds the money into ISAs.

Consider emergency fund monies in NS&I Premium Bonds to get a tax free income.

Invest in an investment bond and set up capital repayments of up to 5% per annum, to get tax deferred income.

Look to use a discounted gift trust to generate an income stream whilst also helping their IHT problem.

Pay up to £3,600 gross per annum into her pension scheme for the next five years, giving access to greater income later ad 20% tax relief despite probably being a non taxpayer.

36
Q

State the additional information that a financial adviser would require in order to advise David and Ruby on ways to improve the suitability of their existing investment portfolio.

15 marks

tips:
- Need, got, fill

A

Details of all planned capital expenditure, including any amounts they may be considering gifting to their children, grandchildren or trusts.

Timescales for expenditure items.

The income requirements they have now that they are in retirement / type of retirement lifestyle they want to have.

Any plans to work post-retirement.

Level of fixed and discretionary outgoings / net disposable income after outgoings.

Whether they see their pattern of spending changing in future years.

Their views on flexible or guaranteed income.

Whether they have any preferences in regard to their property;
are they considering moving / downsizing.

is it intended to be left on death to specific beneficiaries / children / grandchildren.

Views on level of emergency fund needed.

Plans for inheritance of family home: whether it will pass to direct descendants.

Any requirement to retain investments for possible care costs.

Interest rates on their current account.

Interest rate being received on David’s NS&I income bonds.

Income yields on the Stocks & Shares ISAs / unit trust.

Expected rental yield on the BTL, should they decide to retain it and rent it out again.

Asset allocation / fund details for their fund choices / reasons for fund choices.
Charges.

Base costs / withdrawals for the unit trust / registered losses.

Use of all tax allowances: CGT / Dividend Allowance / PSA / Married Tax Allowance.

Planned use of ISA allowances in future years.

Source of funds for any future investments.

Their thoughts on future bed and ISA-ing of their unit trust holdings.

Thoughts about David continuing to manage his own investment in the pension schemes.

Their capacity for loss.

Their priorities and objectives.

Their thoughts on State Pension deferral.

Willingness to transfer ownership of assets to each other to maximise use of allowances.

Potential for use of holdover relief to defer capital gains.

37
Q

Identify the key factors that a financial adviser should consider when reviewing David and Ruby’s financial arrangements before giving advice on their aim to improve the suitability of their existing investment portfolio.

15 marks

A

Current age.

State of health.

The fact that the couple are married.

Income and capital needs, currently and going forward.

Personal preferences; guarantees versus flexible income / importance of guarantees.

If they are looking to gift any assets to the children or grandchildren during lifetime.

Desire to leave funds to children and grandchildren on death, and an idea of when and how much to be given.

Desire for flexibility / change of mind.
Assets available / current and future inheritances.

Potential future income streams, such as receiving rent from the BTL.

Economic conditions / inflation expectations.

Views on inflation-proofing income or capital.

Tax status.

Sources of funds for future ISA contributions

Required / expected rate of return on the couple’s investments (ISAs/unit trust).

Yield projections on couple’s investments (interest, dividends, rent).

Thoughts on using capital as source of income rather than income-producing investments.

Attitude to risk / tolerance of risk / capacity for loss.

Desire for diversification of investments / high exposure to property as an asset class.

Willingness to use other assets / downsize / use property equity.

Willingness to make gifts to reduce estate for IHT purposes.

Views on equity release / home reversion plans.

38
Q

David and Ruby want to review the suitability of their existing investment portfolio.

Comment on their current situation with their unit trust investment, in relation to suitability and tax-efficiency.

12 marks

tips:
- think about each element of UT
- what do I know?
- what don’t I know?
- what are the implications?
- personalise

A

David and Ruby have a UK Commercial Property fund unit trust, with a current value of £105,000. This is a non-equity collective.

Income paid from this fund would be classed as dividend income and would initially be set against any dividend allowance (DA) that the couple have available; they both currently have £1,000 available.

This applies even if they decide to not actually take the income, or income is reinvested.

Income within both their DAs will be taxed at 0%. Then, any excess is subject to income tax of 8.75% for David / Ruby has her personal allowance to fill before any 8.75% liability for her.

We do not know the original value invested in this fund, and whether any top-ups have been made, so can’t calculate the current capital gain.

CGT is only due when the unit trust units are disposed of.

Any gain above each of their current CGT exemptions of £6,000 in the current tax year will be subject to CGT at each of their marginal rates; 10% for both David and Ruby whilst the gain is up to the limit of their basic rate band (Ruby cannot offset her non-used personal allowance against Capital Gains), and 20% for any part above this.

If Ruby sells her property in the same tax year, her gains will take her in to the higher rate of CGT.

David and Ruby do not appear to have used their CGT exemptions.

We are unsure if they have any registered losses that can offset this gain.

The full value of the trust would be included in their IHT calculation.

The fund is invested in a UK Commercial Property Fund

This provides them diversification into a different asset class from their other cash and fixed interest investments.

They have a low to medium ATR this fund; does not appear to be in line with this ATR.

The couple also have a high % of their portfolio invested in this asset class type - currently around 62% if we include their main residence / 30% if we don’t.

We don’t know the level of income being received and the extent to which it can support their income objective.

39
Q

key question

Comment on the suitability of David and Ruby’s investment and pension fund choices for their financial objectives. Include comments on their deposits in your answer.

20 marks

tips:
- We would be very surprised if something around suitability of fund choices did not come up.
With suitability questions, work methodically through each investment David and Ruby hold.
Reflect on what the word ‘suitability’ means:
ATR.
Access.
Taxation.
Link to the couple’s other objectives where possible.

A

David and Ruby are low to medium risk investors.

Cash deposits

David and Ruby have £220,000 in cash-based accounts; this will provide them with access to funds in an emergency. It is in a low-risk but liquid environment.
They should keep funds within this environment limited to those funds they may need in the short to medium term.
They are unlikely to be getting any great return from the cash funds, and its value will be eroded by the effects of inflation.

The NS&I Income Bonds are protected by the Treasury, and viewed as highly secure, despite being outside of the FSCS.

The NS&I Income Bonds are in David’s sole name and the interest being received is over his PSA / taxable at 20% on any excess.

They are not fully utilising Ruby’s PSA or starting rate band with these cash accounts.

David’s stocks & shares ISA in UK Fixed-Interest funds / Ruby’s UK Gilt funds
Both these funds are low-risk funds investing in the fixed-interest asset class.

They both have limited diversification, being in one asset class and only in the UK.

These funds appear lower risk than their ATR.

The ISAs provide tax efficiency, with interest received not being subject to income tax, currently saving them basic rate at 20%.

These funds are liquid, so could be realised to meet their financial aims, such as supporting their retirement plans, or being available in an emergency such as ill health.

Joint Unit Trust in UK Commercial - Property Fund

This fund is providing diversification into the property asset class.

However it is only in one asset class, and one geographical area of the UK.

This fund may be illiquid,with restrictions on access in adverse markets.

The charges may be higher
Income from the fund is not guaranteed, as rental yields can reduce.

Rental income received into the fund is subject to 20% corporation tax.

This fund may be a higher risk than their low to medium ATR.

This fund produces dividend income which can enable them to utilise some of their Dividend Allowance.

Income above the Dividend Allowance would be subject to income tax, currently at 8.75%
The couple have a high exposure to property as an asset class / 30% not including their main residence / 62% if we include it.

** Buy to let property**

This is in Ruby’s sole name.

It currently has no tenants, so is not producing an income.

There will still be maintenance costs that will need to be met from other resources during this time.

Rental income is not guaranteed, and when received would use up the rest of her personal allowance and then be taxed at 20%, after allowing for expenses.

This income would then restrict the amount of starting rate band available.
This is an illiquid investment that can be difficult to sell, and can’t be sold in parts.
It is subject to diversification risk as it is only the one property and represents a significant proportion of their investment value.

This may be a higher risk investment that is not in line with their low to medium ATR.

David’s pension equity and fixed interest funds

It is medium risk with being in two asset classes.

This fund may be in line with his attitude to risk, depending on the mix of equities and fixed interest investments within the fund. It is not known if it has geographic diversification.

Ruby’s pension

We do not know the fund for this plan.
Its risk profile will depend on the exact asset allocation within the fund;
We are unable to determine if this is in line with her ATR.

40
Q

David and Ruby have a unit trust solely invested in a UK Commercial property fund.

Outline five benefits and five drawbacks of this fund choice.

10 marks

A

benefits

This fund is providing diversification in to the property asset class.

If rented out, rental income could provide the couple with a steady income source to help meet their retirement needs.

This unit trust fund produces dividend income, which can enable them to utilise some of their Dividend Allowance.

Property as an asset class gives a hedge against inflation.

Rental income tends to increase each year, potentially giving the couple a rising income stream, again help with inflation.

Drawbacks

This fund is only in one asset class, and one geographical area of the UK / subject to geographic risk.

This fund may be illiquid with restrictions on access in adverse markets.

The charges may be high.

Income from the fund is not guaranteed as rental yields can reduce / void periods can affect overall returns.

Income above the Dividend Allowance would be subject to income tax, currently at 8.75%

Rental income received in to the fund is subject to 20% corporation tax.

This fund may be a higher risk than their low to medium ATR.

The couple have a high exposure to property as an asset class / 30% not including their main residence / 62% if we include it.

41
Q

David and Ruby want a stable and sustainable retirement income.

Comment on the current income tax efficiency of David and Ruby’s income sources and range of deposits and investments.

20 marks

tips:
- can use tax tables to help list possible implications
- what do I know?
- what don’t I know?
- what are the implications?

A

income tax efficiency

Ruby’s non-savings income is currently £11,120 per annum gross.

The income comes from her State Pension and is in excess of the maximum amount of Single Tier State Pension, so likely to have a protected amount.

This is taxed as non-savings income, but it is currently below her personal allowance.

This leaves £1,450 of her personal allowance, her PSA, her 0% savings starter band, and her DA available to be used against savings and investment income.

David has non savings income of £31,120 per annum gross.

This is £11,120 from his State Pension which again is a higher value than the maximum of Single Tier State Pension.

He also currently draws approximately £20,000 from his FAD arrangement
Both of these are taxed as non-savings income and would mean that he is currently a basic rate taxpayer.

He will have a £1,000 PSA and £1,000 Dividend Allowance, but no starting rate band due to the level of his non-savings income.

Joint current account

It is unclear if this produces any income/ any amount received would be split 50:50.

For Ruby, it could be applied against her personal allowance, starter rate band and PSA.

For David, it could be applied against his PSA.

NS&I Income Bonds

These are held in David’s sole name.

On the current variable rate of 3.59%, he is likely to be receiving £7,180 / This is in excess of his personal savings allowance.
He would have to pay 20% income tax on any amount above the PSA.

Stocks and shares ISAs

Both David and Ruby have ISAs invested in fixed interest investments.

These are exempt from income tax, which would otherwise be set against savings income.

They have not used this year’s ISA limits, so have not maximised their tax free allowances.

Unit Trust

The unit trust is held jointly / any income received would be split 50:50.

We do not know what income is being produced.

Even if it is accumulated in the fund, it would be liable for income tax at dividend rates.

Both David and Ruby have not used their DA for any other income,so will have £1,000 available this tax year.

Any income above this would be taxable at 8.75% for David / 0% for Ruby until she uses up her relevant allowances.

Buy to let property

This is solely owned by Ruby.

Any rental income received would be taxed before any savings or dividends as it is classed as non-savings income.

This may use up her personal allowance
It may also eliminate or reduce the availability of the starting rate band.

Above her personal allowance, the income minus expenses would be taxable at 20%.

She has no mortgage on this property to act as a tax reducer.

42
Q

David and Ruby, currently have ISAs and unit trusts, which are forms of collective investment scheme. Explain the benefits of using collectives to David and Ruby.

10 marks

tips:
- thinking of the different elements of a collective:
1. setting it up.
2. managing it.
3. taxation.
4. annual paperwork.
5. Then think of how these can be turned into positives for our couple.

A

They will benefit from professional investment management.

This is likely to give the couple peace of mind / David has been managing his pension funds (not sure if he has found this a benefit or drawback).

There will be greater diversification than is usually the case with direct investments, reducing unsystemic risk.

ISAs and unit trust investments are usually highly liquid, as they are bought from and sold back to product providers: they can be surrendered if David and Ruby need the monies in a hurry.

Costs and charges are likely to be lower than David and Ruby purchasing all the individual holdings themselves directly.
There is no personal Stamp Duty liability for David and Ruby on purchases of units or shares in the collectives.

All the administration associated with asset purchase is carried out for David and Ruby; they do not have to do this themselves.

There is a wide choice of sectors, funds and investments, making it easier to match this to any particular preferences they may have. This will include their low to medium ATRs.

Tax planning associated with direct asset holdings is carried out by the fund, saving them time and monies.

Gains from unit trust are subject to CGT, which means that they can use their CGT exemptions, potentially saving them 10% CGT on gains above their current £6,000 annual exemptions.

43
Q

David and Ruby’s jointly-held portfolio of unit trusts is potentially in a fund that doesn’t meet their risk profile. If they were to sell it, explain the process of calculating a capital gain, and the CGT due on the couple’s unit trust holdings (no calculations required).

12 marks

tips:
- get each 5 steps and then explain/apply to CS

A

CGT on unit trusts is calculated using an average cost basis, looking at the overall sale costs against the overall original investment.

We don’t know if they bought the fund as a one off investment or have topped it up over the years.

We would need to find out the investment amounts and add them all up, alongside any costs of the purchases.

We then need to look at the amount being sold. Where this is not the whole fund, we need to ensure we calculate the percentage of the fund being sold, and use the same percentage of the amount invested.

Taking the proportion of the investment away from the proportion of the sale proceeds, we arrive at the gain.

David and Ruby can subtract acquisition and disposal costs such as trading charges from the gain.

The gain is split 50:50 between the couple.

David and Ruby can then deduct any capital losses realised in the same year from their share of the gain to arrive at an overall gain or loss.

They can then deduct any available CGT exemption.

They can then use any registered losses from previous tax years (we don’t know of any).

Any remaining gain would be taxed at 10% for both David and Ruby (to the extent of their remaining basic rate band).

For any amount that exceeded this, a rate of 20% would apply.

Any CGT due would be payable by the 31st January following the end of the tax year in question.

44
Q

David and Ruby are concerned about improving the suitability of their financial arrangements.

Explain the process that David and Ruby would go through to bed and ISA some of their unit trust holdings.

8 marks

A

David and Ruby would apply to the unit trust investment provider to encash a specified number of units in the collective.

The aim is to realise enough of their investment so that any gain falls within their available CGT exemptions for the relevant tax year.

This is currently £6,000, but is reducing to £3,000 in the next tax year.

At the same time as the units are sold, the couple would buy back the same units or shares using their ISAs.

This could be from cash holdings that were already within their ISA accounts, or from the proceeds of the sale of the units or shares which is added to their ISA account as part of their annual £20,000 ISA allowances.

There should be no Stamp Duties to pay, as they are purchasing collective units, not directly-held securities.

The quicker that the re-purchase can be made, the shorter period David and Ruby would be ‘out of the market’ and exposed to changes in the price of the units or shares.

45
Q

Explain to David why holding National Savings and Investment Income Bonds may be suitable for meeting his objectives.

8 marks

tips:
- who issues them, what they provide, their taxation.
- financial aims, ATRs.

A

There is no investment risk - David has a low to medium ATR.

They are fully guaranteed by the UK Treasury / low default risk as guaranteed by the government / the couple want a stable retirement income.

They offer a competitive rate of interest that is variable so can increase as general rates increase.

Income bonds provide an income / this helps with the couple’s aim of having a sustainable income throughout retirement.

They are liquid, offering easy access with no exit penalties / helpful as a source of emergency funds for the couple / Ruby’s health issues and possible costs.

There is no FSCS restriction to worry about, allowing the full £200,000 to be held in one fund without exceeding protected limits.

The income can utilise David’s PSA, saving 20% income tax potentially.
These can be held in joint names, so Ruby’s PSA and starter rate band could be used / saves 20% income tax potentially.

NS&I are a more familiar provider / well know entity - the couple may be more comfortable with a provider they have heard of.

There are no CGT issues, as these bonds (the clue is in the title) provide income not gains. This leaves the couple’s CGT allowances to be fully utilised with their unit trust and Ruby’s BTL property.

46
Q

Explain the process you would work through to calculate David and Ruby’s current inheritance tax liability (no calculations required).

12 marks

tips:
- 6 steps and then expand each point

A

Remembering these 6 steps will give you a good foundation to add additional detail to if needed for a specific question.

  1. Calc. NRB
  2. time-line all transfers, in order, including death
  3. Apply each transfer within last 7yrs against NRB
  4. If below NRB - No tax to pay
  5. If above NRB then taxable at 40%
  6. Apply 40% tax rate to amount over NRB
47
Q

Recommend and justify the actions that David and Ruby can take to improve the suitability of their current financial arrangements.

20 marks

tips:
- tax efficiency
- aims
- ATR
- Start with cash deposits.
Then move onto maximising ISA allowances.
From there, NS&I recommendations.
Remember to consider the various tax allowances
Also consider wills and nomination forms

A

Keep only an agreed amount of emergency monies on deposit
This should be easily accessible in an emergency.

Ideally held in joint names, though Ruby has some of her personal allowance available, as well as her £1,000 PSA and a 0% starter rate income tax band.

If the couple are comfortable, more should be held in Ruby’s name to soak up these allowances.

Maximise the use of stocks and shares ISA allowances each tax year.

Save regularly or use the funds over their emergency fund from cash accounts.

David and Ruby have a limit of £20,000 each per tax year to save into ISAs, so £40,000 between them.

These will be income and capital gains tax free / investment growth potential to help with sustainability of retirement income.

Bed and ISA their unit trust.

This allows them to utilise available CGT annual exemptions.

This could be as part of investing maximum allowances into ISAs each tax year.

This could save up to 10% CGT currently.
Transfer some of the funds in David’s NS&I Income bonds to NS&I tax-free products, such as Premium Bonds.

Put remaining Income Bonds into both the couple’s names.

The level of income likely to be paid from David’s NS&I Income Bonds is likely to be using up his PSA.

Moving some in to Ruby’s name will help use up her starter rate band and PSA, giving the couple higher, more tax efficient income.

They can invest up to £50,000 each. Any prizes received are free of income tax and do not use their PSAs.

Making use of tax-free accounts such as Premium Bonds will allow their PSAs to be used against any other non-equity investments they may select.

Transfer some of the unit trust holdings into a discretionary trust for the children and grandchildren and claim holdover relief for any capital gains made.

It avoids immediate CGT on the gains made in respect of the amount transferred.

The trustees may be able to mitigate the effects of CGT by making disposals in stages.

The trustees could also claim holdover relief when transferring units back out to the grandchildren.

This would allow the children’s or grandchildren’s CGT exemptions to be used.

Transferring funds out of their estate will help with their IHT liability.

Make pension contributions for both of them in to personal pensions.

Despite having no pensionable earnings, the couple are both below age 75, so can contribute to a RPS up to a maximum of £3,600 gross.

They will each benefit from 20% income tax relief, by paying £2,880 net.

The pension fund will be able to give them a small increase in income in retirement.

Sustainable retirement income is one of their concerns, so will help a little toward giving them peace of mind.

If correctly nominated, this will again pass money out of their estate for IHT purposes.

If Ruby is not going to receive rent from the BTL, transfer some of her Personal Allowance to David using the marriage allowance.

Ruby’s personal allowance is not fully utilised and she has both starting rate band and PSA to help with any savings income.

By transferring £1,260 of her personal allowance to David, this can save him 20% tax on some of his FAD withdrawals.

Take income from non-pension sources rather than withdrawing from David’s FAD pension.

The couple have a lot of liquid assets that they can withdraw capital and income from.

Their estate is over the IHT threshold.
Reducing their non-pension assets first, will mitigate IHT on their estate.

The pension funds can then be passed free of IHT to their beneficiaries.

Or can be left to grow and support their lifestyle later in retirement.

David’s FAD fund can be left to grow, and is there if needed to provide them with income in later life retirement.

Ensure wills and pension nominations are kept up to date, and LPAs are completed and kept up to date.

This will ensure IHT-efficiency
Ensuring wills are kept updated will ensure any legislation changes are incorporated, as our couple already have an IHT liability.

Setting up and keeping LPAs updated will ensure their affairs can be managed should either lose mental capacity.

48
Q

David and Ruby are considering gifting lump sums to their children and grandchildren.

They are considering using a discretionary trust to receive immediate and ad-hoc transfers which could then be distributed as required.

Explain the potential benefits and drawbacks of this strategy.

14 marks

tips:
- Think about the three parties to a trust:
settlors, trustees and beneficiaries.

A

Benefits of using a trust

If transfers into the trust do not exceed £325,000 cumulatively over 7 years, there is no lifetime IHT due, and periodic and exit charges may be avoided.

David and Ruby could be trustees and therefore retain a degree of trust control, on the investments, and when it is paid to the beneficiaries.

The trustees can allocate trust assets to beneficiaries as and when appropriate.
Including their children and grandchildren as potential beneficiaries would mean that changes in circumstances or plans could be accounted for.

The wide powers available to discretionary trust trustees allows them to support beneficiaries in ways not anticipated at the time the trust was set up.

If a particular beneficiary falls out of favour with David and Ruby, the trustees do not have to appoint benefits to that person.

Holding assets for beneficiaries in a trust can avoid the need for deputies if beneficiaries cannot manage their own financial affairs.

A discretionary trust can protect a vulnerable individual from exploitation.
It can also protect assets from creditors in the event of bankruptcy or liquidation.

Drawbacks of using a trust

Assets settled into a discretionary trust that exceed the cumulative inheritance tax threshold of £325,000 will be taxed at various points in the life of the trust, including:
on creation for lifetime transfers at the rate of 20%.
on each 10th anniversary of the trust at a maximum of 6%.
when capital payments are made to beneficiaries / assets are taken out of the trust.

If trustees decide not to appoint assets to a particular beneficiary, it may lead to jealousy or legal disputes between David and Ruby’s family members.

Trustees are usually given wide powers, so choosing the right additional trustees, who David and Ruby can rely on, may be difficult (should include our couple as trustees).

Discretionary trust administration can be complex, so family or friends selected as trustees may not have the required skill or time to carry out their duties.

Appointing professional trustees usually has a cost.

49
Q

key question

David and Ruby wish to ensure that as much of their estate as possible can be passed to their two children on second death. They are considering the use of a discounted gift trust with some of their cash based funds.

a) Explain how this type of scheme works.

8 marks

b) How could a discounted gift trust be suitable for David and Ruby’s needs?

8 marks

A

How the arrangement works

David and Ruby establish a *discretionary trust and then gift some monies, into it.

The trustees would buy an investment bond with the gifted money.

They are entitled to a specified regular income from the trust assets, limited to 5% of the original investment value per annum.

The amount needed to provide the income is calculated as a lump sum, using factors such as the couple’s life expectancy.

This would include looking at the impact of Ruby’s heart condition on life expectancy / potentially decrease the discount portion.

The gift is then notionally split in to two parts:
the lump sum needed for the income.
the balance of the gift.
The lump sum needed for the income is ‘discounted’, which simply means it immediately falls outside David and Ruby’s estate.

The balance is classed as a Chargeable Lifetime Transfer.

This CLT is less than the total value of the gift, hence the term ‘discounted’.
Any future growth in the bond is outside the couple’s estate for IHT.

Suitability of a DGT

Bonds are deemed to be ‘non-income producing’ assets and therefore considerably reduce trustee administrative duties (these will probably include our couple).

The couple will see an immediate reduction in their estate for the discounted value of the gift. As they are currently over the IHT threshold, this is beneficial.

This discounted portion may be lower than normal due to Ruby’s heart condition and possible reduced life expectancy, but any discount is better than none.

The rest of the gift is a CLT, so may not be subject to lifetime IHT depending on any previous transfers.

David and Ruby will receive tax-efficient regular payments of capital to use as income throughout their lifetime;
Contributing to a sustainable retirement income in line with one of their objectives.

They can choose payment levels and frequency at outset, up to a maximum of 5% of the original investment per annum, so if they invested £200,000 they could secure an income of £10,000 per annum.

This is above the level they are currently receiving from the NS&I Income Bonds.
The payments are fixed once agreed (as any variations would involve re-calculations of gifts and discounts), so the couple know what they would be receiving and could budget accordingly.

Payments from the trustees to the settlor in a DGT are capital, not income, saving administration and tax.

They could be trustees, so retain some control over ‘who gets what’ from the trust (as it is possible to make emergency payments to beneficiaries in certain circumstances).

The trustees / couple can choose to invest the funds in line with their low to medium ATR.

Any growth in the investment bond over time would be outside the couple’s estate for IHT purposes.

Their children, grandchildren (and other potential grandchildren) could be trust beneficiaries, so feel involved in the process.

This could help the couple as they have ‘sustainable income’ in retirement as one of their goals, so may have some concern over absolute gifting and the effects on their lifestyle.

50
Q

David and Ruby are considering the use of a trust to provide funds to for their children and grandchildren’s future needs. They are considering the use of a loan trust using money held in their cash based accounts.

a) Explain how this type of scheme works.

8 marks

b) Give eight benefits of this scheme type.

8 marks

tips:
- relate the ‘factual’ elements in part 1 to David and Ruby, as well as the technicalities of how it works.

A

David and Ruby establish a discretionary* trust and then lend it some monies, interest-free.

The trustees invest the loaned funds into an investment bond in the name of the trustees.

The loan would be repayable on demand.

David and Ruby could ask for repayment at any time, so would not lose access to their monies.

They could ask for regular repayments, providing an income stream; important as they want to ensure a stable and sustainable income in their retirement.
As long as these repayments do not exceed 5% of the original loan amount, there would be no immediate income tax liability for the trust.

Any growth would be outside David and Ruby’s estate for IHT.

The couple’s children or grandchildren could be trust beneficiaries.

The outstanding amount of the loan would be repaid to, and therefore within, David and Ruby’s estate on death, so they should look to spend any repayments, or gift annually using the annual exemptions to reduce the value of their estate.

Benefits

Bonds are deemed to be ‘non-income producing’ assets and therefore considerably reduce any administrative duties of the trustees.

David and Ruby would save inheritance tax on their estate over time, as any growth of the bond is outside the estate (and they currently have a liability).

They would still have access either to single or regular payments through loan repayments - key as they want a stable / sustainable income in retirement.

The repayments of the loan are not subject to personal tax for David and Ruby.

Any taxation on withdrawals from the trust investments are ‘referenced to’ David and Ruby’s tax status, but are the responsibility of the trust.

If David and Ruby keep loan repayments to withdrawals within 5% of the original loan per year, they will defer the trust paying income tax on the withdrawals.

If withdrawals of 5% per year are chosen, this would mean the loan would be repaid after 20 years.

This would save the trust 20% or 40% income tax, depending on the type of trust used, David and Ruby’s tax status, and other trust income

David and Ruby could be trustees and retain some control over ‘who gets what’ from the trust.

51
Q

David and Ruby are considering the use of a trust to provide funds for their children and grandchildren’s future needs.

Describe the principle duties and obligations of a trustee.

(7 marks)

tips:
- list of all the elements a trustee would need to do. Think of the position of responsibility that they hold and the tasks that they must do.

A

Act for the benefit of the beneficiaries / treat all fairly, so the couple’s children and grandchildren.

Trustees are the registered or legal owner of all the trust property, so any investments would be held in the name of the trustees, in the capacity of a trustee.

Act in accordance with the trust provisions, so any instructions given by the settlors, or any trust laws.

A trustee must use utmost diligence to avoid losses.

Trustees should review investments regularly and amend when necessary, ensuring that the funds remain appropriately diversified.

Trustees should consider taking professional advice on the investments held if they do not themselves possess the appropriate knowledge and skills.

They need to keep proper accounts, so that they are able to report as necessary to HMRC and pay taxes when required.
They should act as an ordinary prudent business person would.

Cash paid into the trust should be invested as soon as possible, unless it was due to be paid out immediately.

52
Q

Recommend and justify the actions that David and Ruby could take now and in the future to help ensure that their estate is passed to their children / grandchildren in an Inheritance Tax efficient manner.

20 marks

tips:
- Don’t forget Wills, trusts, and LPAs

A

Transfer part of their investment holdings into a discounted gift trust, with their children and/or grandchildren as potential beneficiaries.

The discounted element of the gift will be taken out of their estate immediately
Still a benefit, even if lower due to Ruby’s heart condition.

The non-discounted element would be a chargeable lifetime transfer (CLT), but the trustees would only pay lifetime IHT if the cumulative value of transfers in the last 7 years exceeds the current NRB.

They can agree an income amount to help maintain their retirement lifestyle.
Any growth in the investment bond value will be outside their estate.

Transfer part of their unit trust holding in to a discretionary trust, with their children / grandchildren as potential beneficiaries.

If they don’t need to generate income from the amount invested, it will allow the full value to grow.

As a chargeable lifetime transfer (CLT), if the cumulative value of transfers in the last 7 years is below the current NRB of £325,000 there would be no lifetime IHT.

David and Ruby can be trustees, so can be in control of the funds and the timing of when they distribute them to their children or grandchildren.

Further beneficiaries can be added as needed should they have more grandchildren.

If they survive the transfer by 7 years, the value of the transfer would fall out of their estate for the purposes of calculating their IHT.

Make full use of annual exemptions.
Gift away £3,000 per tax year each, starting immediately.

Any unused annual exemption can only be carried forward 1 year, so will be wasted if not used.

Regular use of this can account for substantial amounts over time.

If income from discounted gift trust wasn’t needed, this could be used to fund this.

Make lifetime transfers to the children and/or grandchildren.

Any gifts to the family or bare trusts would be PETS.

Any transfers that weren’t covered by exemptions would fall out of their estate for the purposes of calculating IHT after 7 years.

Make regular transfers to their children, grandchildren, or a life policy / pension plan using the ‘gifts out of income’ exemption.

If they have income that exceeds their requirements, they can make gifts out of income as long as their standard of living is not impacted.

Subject to affordability of potentially high premiums, they could use this exemption to fund regular premiums on a whole of life policy, written in trust for the children to help them pay any IHT liability.

Alternatively, the exemption could be used to fund pension contributions for the children or grandchildren, even if they are non taxpayers.

The ‘income’ received from the DGT couldn’t be used for this purpose as it is not income but a return of capital.
Take withdrawals from non-pension assets to support their retirement income needs.

They have liquid assets within their estate that they can take income and capital from.

Retaining their pension funds can, when nominated correctly, be passed to beneficiaries free of IHT.

Spending money from other non-pension assets within the estate will reduce the amount assessable to IHT on second death and reduce their IHT bill.

Ensure pension nomination forms, wills, trusts and LPAs are kept regularly updated.

This is to ensure that any new beneficial changes introduced via legislation can be incorporated.

These arrangements / documents can also reflect David and Ruby’s current wishes, which may change over time.

53
Q

David and Ruby are considering gifting lump sums to their children and grandchildren.

They are considering using a discretionary trust to receive immediate and ad-hoc transfers which could then be distributed as required.

Explain the process and considerations for setting up a discretionary trust.

8 marks

tips:
- Think of the parties to a trust - settlors, trustees and beneficiaries.
- Work logically through the process from each of their perspectives.

A

David and Ruby, as settlors, would select trustees.

At least two, in case a trustee dies, but usually not more than four, so that trustees can more easily make unanimous decisions.

David and Ruby could be trustees to retain control over distribution of assets to their children and grandchild whilst they are alive.

If they are not comfortable appointing family as trustees, David and Ruby can appoint professional trustees, although this is usually charged for.

They would define the potential beneficiaries of the trust, including their children and grandchildren.

They could include classes of beneficiaries to allow as-yet unborn grandchildren to benefit.

They should avoid including themselves as potential beneficiaries to mitigate any future IHT liability.

The settlors (David and Ruby) decide how the assets in a trust should be used, via the trust deed.

David and Ruby can also create a letter of wishes, setting out how they wish the trustees to deal with the trust assets.
The trust is registered with HMRC.

54
Q

Ruby is aware she has a substantial gain should she decide to sell her BTL property.

Outline the options David and Ruby have to lower the amount of capital gains tax (CGT) they can pay in the current tax year.

12 marks

tips:
- The main routes for David and Ruby, are using the interspousal route to access both of their CGT exemptions, along with the holdover relief when putting into trust.

  • As a property they are not able to sell only part of it to spread over two tax years!
  • The EIS and SEIS are only mentioned here for completeness, but would really be outside of their low to medium ATRs.
A

The property could be transferred to joint ownership before sale.

This would use inter-spousal rules, so no CGT payable at time of transfer.

The acquisition value for both Ruby and David would be 50% of the value at which Ruby inherited the house, so £80,000.

The sale proceeds would be applied 50:50 (unless some other split agreed when transferring ownership)
They can then use both of their CGT annual exemptions of £6,000 for 2023/24.

They should appreciate that if the sale didn’t go through this tax year, then the amount of annual CGT exemption is reducing to £3,000 for the 2024/25 tax year.

They can both pay CGT at the lower rate of 18% on the amount of their share of the gain up to their remaining basic rate band.

After this they will pay CGT at 28%.
They could transfer the BTL property into a discretionary trust for the children and grandchildren.

Holdover relief could be claimed.
When a transfer is made to a trust only the donors (David and Ruby) need to make the claim
This will then delay any CGT bill until the trustees dispose of the property.

The rental income would then be paid into the trust or paid out if required to the children and grandchildren.

The downside is that David or Ruby would not be able to benefit from the rental income.

The trustees can equally apply for holdover relief when they pass the property out of the trust to the beneficiaries, again as long as jointly claimed by the trustees and the beneficiaries (children / grandchildren).

Ruby and David could invest an Enterprise investment scheme (EIS). This allows the gain to be held over until the EIS shares are sold, when the original gain becomes chargeable, although any gain on the actual EIS investment would be exempt after a period of 3 years.

With a low to medium ATR this wouldn’t appear to be suitable for them as it is a higher risk investment.

They could invest the gain from the BTL into a Seed Enterprise investment scheme (SEIS). This will exempt half the gain from CGT, whilst the other half becomes payable immediately.

Again this would not fit with their low to medium ATR as is a high risk investment.

55
Q

State the additional information that a financial adviser would require in order to advise David and Ruby on the suitability of their current financial arrangements.

15 marks

tips:
- Start by making a list of all the couple’s current arrangements; use the case study detail.
- Then work through each one; what don’t you know?
- Remember to include generic areas as well such as tax allowances, inheritances etc.

A

Life expectancy for both, understanding of family health history / impact of Ruby’s condition on her life expectancy.

Current income and expenditure / essential and discretionary income / capital needs / possible LTC for Ruby.

Amount and type of death benefits they need for each other, then for their children and grandchildren.

The level of emergency fund that they are comfortable with.

Ruby’s preferences with her PPP - guaranteed income versus flexible pension options.

Likelihood of Ruby qualifying for an impaired life or enhanced annuity.
Charges on ISAs / unit trusts.

Asset allocation on ISAs / unit trust / alternative fund options.

Investment performance on ISAs / unit trust.

Availability of deferral on both State Pensions.

Original investment / base cost / available losses / use of previous CGT exemptions on unit trust and BTL property.

Potential rental income from BTL property / willingness to retain this asset and use a management agent / associated costs.

Downsizing / willingness to use other assets / expected inheritances.
Pension nomination forms status; updated?

Willingness to transfer some ownership of NS&I Income bonds into Ruby’s name.
Capacity for loss.

56
Q

Identify the key factors that David and Ruby should consider when deciding on an appropriate level of emergency fund.

10 marks

tips:
- what the couple have and don’t have.
Work through these in your answers.

A

Personal preferences / the level of emergency fund that they are comfortable with.

Current income and expenditure / essential and discretionary income.
Capital needs / possible LTC for Ruby.

No sickness protection policies in place - no CIC or PMI.

Liquidity of Commercial Property fund / any restrictive access conditions.

Liquidity of BTL property / how saleable / popular location / condition / net rental yield available / attractiveness to a buyer if a quick sale is required.

Accessibility of other investments.

Costs and charges involved in accessing other investments / NS&I Income Bonds.

Existence of any unsecured debts / no mortgage debt.

ISAs likely to be accessible / pensions on death.

DWP benefits available /eligibility.

Understanding of family health history / impact of Ruby’s condition on her life expectancy and need for available funds.

57
Q

David and Carmen have not set up any Lasting Powers of Attorney, but are considering doing so following Ruby’s diagnosis.

(a) Explain the reasons why Declan and Carmen should put LPAs in place.

7 marks

(b) Outline the key factors the couple should take into account when setting up LPAs.

10 marks

(c) Identify any restrictions that apply to LPAs.

3 marks

tips:
- Ruby has been diagnosed with a health condition.

A

Reasons to set up an LPA

They can document pre-determined wishes on welfare and / or financial issues.

They can include both elements - property and financial / health and welfare giving the broadest range of cover.

David and ruby can ensure that they have trusted attorneys making the decisions.

They can nominate themselves as attorneys / also have replacement attorneys such as their children, in case they predecease the PLA coming into force.

It avoids the delays, costs and stresses for the family of dealing with the Court of Protection.

Delays in dealing with the Court of Protection have substantially increased since the pandemic, slowing down the process if a LPA is not in place.

Gives the couple peace of mind throughout their retirement / especially in light of Ruby’s recent diagnosis.

Factors to consider when setting up an LPA

Type(s) of powers to be granted; property and financial and /or health and welfare / couple’s desire for both / either.

Choice of attorney: Both could be each other’s attorney.

Desire / willingness of children to be additional / replacement attorneys.
Ideal requirement to have a minimum of two attorneys.
Donors (David and Ruby) must have mental capacity to set power up (they do).
Health and welfare element only usable when either lose mental capacity / property and financial element can be used at any point once registered.
Property and financial element can have restricted power built in by couple if they have any concerns.
Must be registered with the OPG to be legal, before mental incapacity of donor.
Can be set up using solicitor / forms completed by couple online using OPG forms / paying registration fee.
Attorneys must keep records and act in the best interest of the donors (David and Ruby).

Attorneys can not charge for their services unless they are a professional attorney such as a solicitor.

LPA restrictions

Attorneys have limited IHT gifting powers on behalf of the donor.

An LPA is only valid if registered with the Office of Public Guardian (OPG) / this must be done before either David or Ruby lose mental capacity.

Once registered LPAs are difficult to change unless revoked.

58
Q

David and Ruby are considering setting up Lasting Power of Attorneys. State the process and conditions that must be met for the couple to be able to set up valid powers.

12 marks

tips:
- LPA VERY LIKELY TO COME UP DUE TO HINT ON CASESTUDY BUT NOT SURE ON ANGLE OF QUESTION

A

The couple must have have mental capacity (which we assume they do).

There must be no undue influence from other parties such as their two adult children.

The documents must be completed, signed, dated and witnessed.

The couple can give authority for health and welfare and / or property and financial powers (so either or both).

They must appoint attorneys (could be more than one):
Attorneys cannot be subject to a Debt Relief Order or be a bankrupt.
Attorneys must be at least age 18 and of sound mind.
One of the attorneys could be their respective spouse.

If more than one attorney is being appointed, powers can be given:
jointly and severally: decisions can be made by individual attorneys, or
jointly: all attorneys must agree decisions.

A certificate provider must be involved.
They must be at least age 18.This is someone who will confirm that David and Ruby are setting up an LPA by choice and understands what they are doing.

The LPAs must be registered with the Office of the Public Guardian.

This can take up to 10 weeks.

£82 fee per LPA must be paid to the OPG for registration.

59
Q

Explain the benefits to David and Ruby of making sure their Wills and Lasting Powers of Attorney forms are in place, regularly reviewed and kept up to date.

11 marks

tips:
- Think of the different parties to a Will (testator / executors / beneficiaries), and what having one in place avoids.
- With LPA’s, remember there are two parts, one for financial decisions and the other for health and welfare.
Consider any tax benefits.
-Don’t forget emotional benefits also

A

Family disagreements can be avoided.

Ensures intended beneficiaries receive the right benefits, reducing the likelihood of challenges.

The couple will have the peace of mind of knowing that their wishes are documented and will be followed.

Their wishes in term of what will happen should they no longer have capacity to manage their financial affairs will be documented.

They could nominate someone to help with their finances before they lose capacity, reducing some administrational burden (a potential worry for Ruby due to her recent health diagnosis).

If they have set up a health and welfare LPA, then their preferences regarding medical treatments will be taken into consideration, at a time when they don’t have the capacity to make decisions.

Benefits of keeping wills and LPAs up to date

Wills can be used to maximise IHT tax efficiency; there are often new changes introduced by governments. Reviews can help take any changes into account.

They can keep up with any legislative or tax changes; let’s face it there are loads of these every year!

Will executors may become ill / die; keeps these up to date and effective.

Tax-efficiency can be reviewed, ensuring all possible tax breaks are being utilised.

The couple’s wishes as to who gets what from their estate may change; they can ensure their wills reflect these changes when reviewed.

Peace of mind that their potentially changing wishes are being made clear.

60
Q

David and Ruby have been retired for five years. They are looking to simplify their involvement in managing their investments, so they are considering the use of a discretionary fund management service for this purpose.

(a) State four benefits and four drawbacks of using a discretionary fund management service, rather than an advisory service.

8 marks

(b) State four benefits and four drawbacks of advisory fund management for David and Ruby.

8 marks

A

DFM Benefits

Little requirement for David and Ruby’s ongoing involvement once parameters are agreed / may be a relief for David as he has managed his FAD investments.

The discretionary fund manager (DFM) can respond more quickly to market opportunities.

Benefiting from Alpha / experience of DFM.

This could lead to greater investment returns due to lack of delays and making the most of opportunities.

Risks can be limited to those agreed in advance with the couple.

More regular reporting undertaken by DFM.

Regular reviews undertaken.

Consolidated tax statements provided.

DFM Drawbacks

Higher costs and charges than advisory.
Usually a minimum investment entry level.

Requires David and Ruby to have a high degree of trust in their adviser.

Loss of control for David and Ruby; they may not feel comfortable with this.

No guarantees of increased investment performance, despite the higher costs.

May invest in sectors or investments that they are not comfortable with.

AFM Benefits

Lower costs and charges than discretionary.

Greater client demand for this service, so likely to be larger range of products available for David and Ruby to choose from.

Lower minimum investment entry level due to cheaper costs and the fact that less work is required by the advisor.

David and Ruby still retain an element of control as they approve all portfolio changes / This could appeal to David as he has been managing his FAD investments.

AFM Drawbacks

Less specialised and bespoke service.
Investment opportunities can be missed, as adviser may have to contact David and Ruby to agree specific transactions.
This can lead to lower overall investment returns.

‘One size fits all’ approach more likely to be taken.

61
Q

State six benefits of David and Ruby using a platform for their investments.

6 marks

A

The platform is able to offer access to a wide range of investment funds, and a choice of managers.

Access to different asset classes, such as exchange-traded funds, commodities or individual shares that could help with diversification and align to their low to medium ATR.

Automatic rebalancing is available and it is easy to switch between funds.

There is ease of administration with all of their investments in one place / this could especially help David who is currently managing his FAD investments.

It is easier for them to see asset allocation across the whole of their portfolio - Online access can enable our couple to view up to date values and asset allocations easily.

There are possible cost savings.

It can be easier to use tax allowances such as CGT exemptions and ISA contribution limits.

Completion of tax returns is simplified by using platform reports.

Different wrappers can be used such as ISAs, unit trusts or investment bonds

62
Q

State eight factors that an adviser should take into consideration when reviewing David and Ruby’s financial arrangements at their next annual review.

8 marks

tips:
- PATHETIC WINE

A

Changes in personal circumstances and objectives / state of health (especially Ruby’s) / tax status.

Changes in retirement needs / expenses have changed.

ATR / capacity for loss / tolerance of risk.
Rebalance / asset allocation / performance.

State Pension deferral situation.

Decisions / status of Ruby’s BTL property; rented out / sold / bringing in rental income / under management?

Status / decisions made in relation to Ruby’s PPP.

David’s income withdrawal levels from FAD / funds investment performance.
Economic / market changes / legislative changes / new products.

Further inheritances received.

Are Wills still reflective of their current wishes / have they established LPAs / set up pension nomination forms.

Use of tax allowances such as gifting / ISAs / CGT allowances / any gains realised in unit trust / BTL property.

63
Q

State eight factors that an adviser should take into consideration at their next annual review, when reviewing David’s flexi-access drawdown plan.

8 marks

tips:
- PATHETIC WINE

A

Income / capital needs / changes in £20,000 withdrawal rate.

Effects of withdrawals on fund value / any erosion / sequencing implications / pound cost ravaging.

Fund performance / asset allocation / rebalancing requirements.

Desire to use professional fund management rather than own efforts.
Mortality drag rates / equity content.

Changes in personal objectives / state of health / death benefits for Ruby and family.

Annuity rates / desire for additional secured income via annuity purchase.

ATR / capacity for loss / tolerance of risk.

Economic / market changes / legislative changes / new products.

Costs / charges.

Updates in relation to pension nomination form.