Archive for December, 2007

Land Buying Scam – UK Property Investors be Warned

Friday, December 28th, 2007





Update

I highlighted back in December the existence of some very dubious land buying schemes. Whilst other less reputable landlord sites were promoting them and no doubt taking large commissions from these dodgy companies, Property Hawk advice was unequivocal “don’t touch them with a ‘barge poll’” we said. Now I have learnt from the BBC that Action Jack a company marketing plots of land is the third company to be wound up by the Insolvency Service for corporate abuse. This company acted as the broker for The English Land Partnership (ELP) the organisation that owned the land. The Insolvency Service now part of the DTI is currently taking action against another 21 companies involved in similar land marketing schemes.

Land as an investment

There is no denying that land like property land has been a fantastic investment over the last 10 years. The simple reason for this is that it is treated as a residual cost by developers when doing their development sums. This means that a developer will work out how much it costs to build a development, together with other associated expenses such as finance and profit. They then calculate the total value of the project.

The difference between the two is the amount they can afford to pay for the land. Therefore, as residential values have continued to soar and despite build costs also rising; it has meant that land values have largely continued to rise in line with house prices. In many cases they have actually outstripped house prices as eager developers compete with each other to get ‘there hands on’ more and more scarce plots of land. This scarcity factor is reflected in the varying proportion that land makes up of total costs in different parts of the country. In the north land costs will typically contribute 40% of the price of a new property. In London and the South-East where land is scarcer, this figure would typically be nearer 60%.

Value reflects use

The value of land however largely reflects what you can do or build on it. This is controlled by the planning system and means that there is effectively a dual pricing structure. Most land is without planning permission and is in agricultural use. The value of this land reflects the economic outputs of its use. In the case of agriculture this is not a high value economic use as only relatively modest profits can be generated from large areas. This is reflected in the current value of agricultural land of between ?2-3k per acre.

However, where planning permission is granted for a change of its use for say housing development, its value is transformed in an instant to reflect its development value. Residential building land can be worth millions of pounds per acre, often over a hundred times its agricultural value.

Dual pricing

This dual pricing structure represents ‘on the face of it’ a great opportunity for speculators to make vast profits by buying land cheap and then waiting to receive planning permission. It sounds simple. It’s not; as a town planner I have been involved in the whole tortuous process of land becoming zoned as development land.

The process can take 5 or more years to be included in the Development Plan for the area. Even areas of land on the edge of an urban area have no certainty of being included for development and political maneuverings means that land which is initially included can be removed as potential development right at the end of the allocation process.

Option agreement

All this uncertainty together with the amounts of time and money that is involved in promoting potential development sites through the process means that many sites are bought or optioned by house builders or specialist development companies with access to the necessary expertise and finance. An option agreement incidentally, is where a landowner agrees with a developer to give them the right to buy the land for a set period of time and sometimes at a pre-determined price. This gives the developer the potential to buy development land without tying up all their capital and also gives the landowner a capital sum irrespective of them being successful in their land being designated for development.

Land investment scams

This all brings me back to the reason for this article, which is two fold. Firstly, it is to educate you a little in the ‘mysterious’ ways of the UK planning and development system. Secondly, it is to warn you of the many land investment scams that are doing the rounds. I was recently alerted by an e-mail from another landlord site that has sent out a marketing e-mail of a land investment scheme being promoted by Leaders in Land. This scheme is not alone.

All you need to do is enter ‘land investment’ in Google to be bombarded by companies pertaining to offer irresistible opportunities for investment. The scheme in question is typical in that it offers to sell investors a plot of land for tens of thousands of pounds with the promise of large uplifts when it receives planning permission. The reality is that these schemes offer little or no chance of receiving planning permission and will stay in their existing or agricultural use for many life time if not for ever.

My advice – don’t touch them with a ‘barge poll’. If you want to buy land, why pay semi development value for sites which will never be granted planning permission when you can purchase the same type of land at a fraction of the cost at agricultural prices. Remember, a fool and their money is soon parted – so hang on to yours for a worthwhile property investment.

QROPS – Switching Your Pension to Aussie

Monday, December 24th, 2007





Australia is one of the most popular places for transferring pension funds from the UK as a major destination for British expats and for Australians returning home from working in the UK.

Most of the Brits and many of the Aussies will have UK pension funds that they want to transfer to a more tax effective and flexible financial pension like a Qualifying Recognised Overseas Pension Scheme (QROPS), but an Australian QROPS presents some problems that schemes in other countries may not.

Australian pension rules are similar to those in the UK in many ways, but have two key differences:

Down-under tax is the reverse of the UK

UK pension funds grow tax-free and benefits above certain levels are taxable. In Australia, the reverse is applied – funds are taxed but benefits are tax-free.

This means that under the Australian system an individual is taxed on the growth in their superannuation fund each year. They can choose to have the fund growth tax paid direct by the Australian superannuation fund or personally.

The tax if paid by the fund is 15% but an individual pays at their marginal rate. The decision is straightforward – if your marginal tax rate is less than 15%, then pay yourself, if not, let the fund pay.

Heads up on contribution caps

Pension schemes in Australia have a ‘non concessional contribution cap’ that ring fences some contributions to a superannuation fund outside of the fund’s assessable value for tax.

Other rules allow the allowance to be brought forward, so make sure you discuss this tax quirk that does not apply in most other countries with your advisor.

Watch out for the tax penalty trap

HM Revenue and Customs will treat any deduction from the Australian scheme to pay a tax liability arising from a breach of the non-concessionary contributions cap as an unauthorised payment trigger because the deduction is to satisfy a personal tax liability of the individual.

Providing that the UK transfer meets certain conditions there is no specific fund growth charge made against the transfer. The taxation of fund growth will start once the transfer is completed. Other conditions are:

o The transfer must happen within six months of the member becoming an Australian resident

o The transfer relates only to a period when the individual was not an Australian resident, or to a period starting after they became an Australian resident but ending before the transfer was paid

o The lump sum amount is not excessive to the individual’s entitlement under the transferring scheme.

If the conditions are not met then the Australian rules state that: “You must include in your assessable income for the year the amount of the lump sum that relates to your applicable fund earnings.”

In this statement reference to lump sum refers to the transfer value paid but it is the reference to applicable fund earnings that causes us more of a problem.

On their website the Australian Taxes Office simply refer to this as the amount of the transfer that is assessable to tax and then invite the individual to call their information line.

Remember that just because you are moving to Australia does not mean your QROPS has to live in the same place. This is what makes a Qualifying Recognised Overseas Pension Scheme so flexible – you can avoid the tax risks and complications by setting up your QROPS in another jurisdiction while you live in Australia.

Tax-free benefits

That way you do not pay tax on your fund but can take advantage of Australian rules about tax on pension benefits that may allow you to draw the benefits without tax after you are 60.

In the event of death, your Australian Superannuation fund would be paid to your dependants either as a lump sum or pension.

The fund maintains its original value and 100% can be paid to nominated dependants.

On disablement your Australian Superannuation can either be paid to you as a pension or lump sum and is tax-free.

Australia has no death duties, but certain payments to could be subject to tax.

What pensions can be switched to an Australian QROPS?

Unleash the Potential of Growth

Saturday, December 8th, 2007





With so many businesses failing to make their mark even after so many years, it is a good idea to start out small. Starting a business and supplying it with routine growth prospective is never an easy job. You need a constant source of finance for this purpose. Every time your venture demands money, you may not have enough to meet the requirement. At this juncture, external finance schemes and loans solve the purpose.

There are many ways to finance a business when you are entering into a new venture or trying to add life into the existing one. You can go to friends and family who believe in your idea and potential. If you have a business idea that requires a greater amount of money than you can arrange on your own, you may have to look for professional lenders. For this purpose, the UK financial market extends the helping hand by providing scores of loan plans.

A business loan enables you to arrange the right tools you need for your business expansion. These tools may include the expenses of proper location, advertising, marketing, and human resources. These factors are life lines of expansion and generate profit quickly. You cannot borrow from friends or relatives as it is a matter of your self-esteem. Borrowing from friends also puts strain on your relationships if you are unable to repay the debt. It is also hard to make the agreement legally binding unless it is done on court papers.

The smart way to borrow to realise the growth potential of your business is through a commercial loan. At the time of loan approval, you are made to sign a loan agreement. These loans come with a lower rate of interest. Online lending has made the processing of these loans quick and hassle free.

Different types of businesses create different liabilities in case of a business loan. In the case of a sole proprietorship or general partnership, you can be sued personally for the return of the loan that put your personal assets at risk. If you have a corporation or the venture is large enough, you can have a loan against the business itself. The repayment also varies according to the nature of the venture. When the borrower happens to be a sole trader, he bears the entire responsibility for the repayment of the loan. If the company is setup as a partnership, all the employees or partners are jointly responsible for the timely loan repayment.