CAPITAL
AT RISK
A case from practice

The client needs £60,000.

There are two obvious places to find it. Each works, and each costs the client something they wanted to keep. Work through the choice, then the route the menu left out.

6 steps1 decision1 route the menu left out

Illustrative historic case, anonymised. Not advice, and not a recommendation of any product. Whether anything like this is suitable depends entirely on individual circumstances.

The position

A product worth £60,000 that cost £160,000.

The general investment account holds a structured product the client intends to keep to term. It is showing an unrealised loss of about £100,000. The pension holds about £100,000 in cash alongside other investments. The capital blocks on the map are drawn to scale.

The decision

GIA

  • Fully invested, no cash
  • Product worth ~£60,000
  • Intended to be held to term

SIPP

  • About £100,000 in cash
  • Tax-free cash already taken
  • Client pays higher-rate tax

Where do you take the £60,000 from?

Choose one to see what it costs.

The mistake

Each obvious answer solves one problem and creates another.

The mistake was treating the wrappers as separate decisions. The GIA has the asset and no cash. The SIPP has cash it cannot release without 40% tax. The answer needs both at once.

The third route · 1 of 2

Sell the product in the GIA.

The broker sells at the secondary-market price, raising broadly the £60,000 the client needs. Because the product cost £160,000, the sale also turns the £100,000 fall in value into a realised capital loss, which can potentially be carried forward against future gains.

The loss already existed; the sale realises it. It is not cash and nothing of value moves. Whether it is an allowable capital loss depends on the product’s tax treatment, and it must be claimed within four years.

The third route · 2 of 2

The SIPP buys the same product with cash it already holds.

The trustees buy it back in the secondary market for about £60,000. No money leaves the pension, so no pension income is taxed. The client still owns the exposure. It now sits in the pension, at a cost of £60,000.

Two separate trades at market prices. Not a transfer between wrappers and not a new contribution. Dealing costs and spread apply on both sides.

What changed

The client needed cash. Meeting that need across the whole position changed three things.

  1. 1
    £40,000 of pension tax not paid today.The money stays in the pension until a year the client chooses to draw it.
  2. 2
    A £100,000 capital loss, realised.Subject to the product’s tax treatment. It only has value if the client later has gains to set it against.
  3. 3
    The recovery now happens inside the pension.No CGT on growth there. Every pound drawn later is taxed as income.
The point

Neither wrapper, on its own, held enough of the client’s position to produce the answer.

The trades were made because the client needed cash. The tax effects followed from meeting that need across the whole position rather than inside one account.

The product later returned about 230%. That outcome did not make the decision correct. The case is about seeing an option that account-by-account analysis missed, not about the result.

Optional · Stress the decision

The implementation solved today’s problem. Did it necessarily produce the better lifetime tax outcome?

No. It depends on two things nobody could know on the day. Compare the third route with the obvious alternative that also keeps the product: withdraw from the SIPP and leave the product in the GIA. Follow both to the product’s maturity and to the client drawing the pension.

Product outcome used in this stress test
£60,000 £198,000 +£138,000 · +230%

Value at the decision point to value at maturity. Even after a 230% gain, the third route is not automatically the better one.

Rate the pension is drawn at
Is the loss allowable and used?

Withdraw from SIPP, product stays in GIA£188,880
Sell in GIA, rebuy in SIPP£214,400
£0£50k£100k£150k£200k£250k

All four outcomes · advantage of the third route, after tax

Drawn at
Loss used
Loss unused
20%
40%

One decision, four outcomes. The trades were the same in each.

Withdraw from SIPP

Pension tax paid now£40,000 Product in GIA at maturity£198,000 Taxable gain over original £160,000 cost£38,000 CGT at 24%−£9,120 After tax£188,880

Sell and rebuy

Pension tax paid now£0 SIPP: product + £40,000 cash£238,000 Income tax at 20% on drawing−£47,600 Value of loss if allowable and used, at 24%+£24,000 After tax£214,400

Why the rate decides it. In the GIA, the first £100,000 of recovery only brought the product back to its £160,000 cost, so it was never taxed. In the SIPP the same recovery escapes CGT but is taxed as income when drawn. The realised loss can offset some of that disadvantage elsewhere, if it is allowable and ultimately used. Drawn at basic rate, the third route wins. Drawn at higher rate, the £40,000 saved on the day is given back and more.

Assumptions and mechanics
The product’s outcome
For the optional stress test only: modelled as a 230% gain on the £60,000 SIPP purchase, maturing at £198,000, against an original GIA cost of £160,000. The later return did not make the decision correct. It explains why the client wanted to keep the exposure.
Pension tax on the day
40% marginal rate. Personal allowance taper above £100,000 of adjusted net income and the 45% rate above £125,140 would raise the gross needed. Emergency tax on a first flexible withdrawal affects timing and is reclaimable.
Drawing the pension later
The comparison taxes the whole SIPP balance at a single rate. In practice it would be drawn over several years, possibly across bands. Tax-free cash has already been taken.
The capital loss
Allowable only if the product is taxed as a capital asset; structured deposits and deeply discounted securities are taxed differently. Carried-forward losses must be claimed within four years and are used only to bring gains down to the annual exempt amount. Valued at 24%. The loss arose from a genuine fall in value on a real disposal made to raise cash. HMRC’s loss anti-avoidance rule (TCGA 1992 s16A) turns on the purpose of the arrangements.
CGT in the GIA
24% on the gain over original cost. The annual exempt amount is ignored.
Inheritance tax
From 6 April 2027 unused pension funds fall within the estate. On death after 75, beneficiaries also pay income tax on what they draw. GIA assets receive a CGT uplift on death. The comparison assumes the pension is drawn in lifetime.
Prices and costs
Both trades at prevailing secondary-market prices. Dealing costs, spread, and growth on the SIPP’s remaining £40,000 are ignored.
Source
Capital at Risk, Volume II, Paper 15: Capital Beyond the Portfolio.