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The best way to handle your pension when moving abroad, by Blacktower
Everything you need to know about transferring your private pension to QROPs
When considering a move abroad, one important financial decision for prospective expatriates is how to handle their pension fund. Accumulated retirement savings hold significant value, and safeguarding one’s pension and ensuring a comfortable retirement overseas are crucial.
One potential solution is a Qualifying Recognised Overseas Pension Scheme (QROPS), now known as Recognised Overseas Pension Scheme (ROPS) since 2015. A QROPS transfer can be a viable option for individuals looking to transfer their British pension fund to another country. However, this is only possible in certain jurisdictions that have schemes listed in the HMRC QROPS list, which undergoes regular revisions.
What is a QROPS or ROPS?
A QROPS/ROPS refers to a pension scheme that meets HMRC rules, allowing British nationals to relocate and transfer their pensions abroad. However, inclusion on the list is subject to meeting specific terms associated with UK pensions, such as access restrictions before the age of 55. A QROPS that is on the list has simply told HMRC that they meet the rules – inclusion on the list does not mean that it has been ‘approved’.
QROPS options are available in various countries, including the EU-approved fund, The Pension Scheme of the European Union, as well as schemes in Australia, New Zealand, and Canada. However, many overseas locations, including the USA, do not have any options on HMRC’s list.
It is advisable to seek advice before opting for a QROPS transfer (especially if you are moving to a country that has no HMRC listed schemes), exploring alternatives, or are uncertain about the most financially secure option.
The pros and cons of QROPS
There are pros and cons to QROPS transfers. A downside is that HMRC’s list is subject to change and regularly updated, and have excluded several countries popular among expats. For instance, countries like Cyprus, Portugal, France, and Spain do not have any schemes on the list. This issue is not limited to smaller or less globalised countries.
Opting for another EU or EEA-based scheme allows UK citizens to relocate and transfer their pensions without penalties. However, an Overseas Transfer Charge (OTC) of 25% may apply to some international pension transfers – see below.
Once pension funds have been successfully transferred, they are protected from exposure to UK taxes and future legislative changes. This is particularly beneficial, despite recent favourable reforms to the Lifetime Allowance (LTA).
The main benefits of QROPS transfers
QROPS transfers offer many advantages such as flexibility, greater access to drawdown pension income, estate planning options, mitigating currency risk, and diversification opportunities. Perhaps the most significant advantage – until the Spring of this year – was freedom from the Lifetime Allowance (LTA) – see below.
In order to be eligible for a QROPS, you must not have purchased an annuity or taken benefits from a final salary pension scheme. Benefits from Unfunded Public Sector Schemes (Police, Teachers, NHS) cannot be transferred to a QROPS or any other scheme.
The 5-year rule
The “five-year rule” refers to the duration of time a person has been non-UK resident for tax purposes. It is measured in tax years rather than calendar years.
The significance of the five-year rule lies in its impact on the availability of QROPS benefits. During the initial five years, retirement benefits must align with those offered in the UK. This includes a pension commencement lump sum, commonly known as tax-free cash, of a maximum of 25%, as well as tax at the beneficiary’s marginal rate, if the policy holder dies after the age of 75.
Once an individual has been a non-UK tax resident for five complete tax years, their pension, if transferred or already transferred to a QROPS, will follow the rules of the chosen jurisdiction. Individuals who have completed the five full tax years can access up to 30% of their pension as a lump sum, free from UK income tax and UK taxes on death after retirement. They can also enjoy various other benefits provided by ROPS.
As life expectancy increases, more people are spending a significant portion of their lives in retirement, sometimes a quarter or even a third. This makes retiring overseas an enticing prospect for many individuals, resembling a once-in-a-lifetime holiday.
Transferring your UK pension fund to a ROPS allows you to benefit from both worlds. You can enjoy tax relief while saving for retirement in the UK, and later pay reduced or no tax (depending on your country of residence and the jurisdiction of your chosen QROPS), while gaining greater flexibility when it’s time to access your retirement benefits overseas.
Accessing your pension
When it comes to accessing your pension, transferring to a ROPS doesn’t automatically exempt you from UK tax regulations. QROPS providers are required to report any unauthorised withdrawals from your pension to HMRC for a period of 10 years after the transfer is completed. An example of an unauthorised payment would be taking benefits from your ROPS before the age of 55., In this event, you would be subject to an unauthorised payment charge of up to 55%.
Since April 6, 2017, you must have been a non-UK resident for 10 consecutive tax years before you can access a QROPS pension (previously, the requirement was five consecutive tax years). However, even if you meet the 10-year rule, you may still be subject to UK tax rules if you withdraw from a ROPS within five years of switching from a UK-based pension.
The amount of tax you pay when receiving income from a QROPS depends on the tax regulations of your country of residence and whether that country has a double-taxation agreement (DTA) with the jurisdiction where the QROPS is based. A DTA typically allows you to avoid paying tax on your pension benefits in both countries.
If you are classified as a UK resident when accessing benefits from a QROPS, the income is generally subject to UK income tax. Again, it’s worth noting that should an unauthorised payment be made, you will be subject to a charge of up to 55%.
What if you already have a QROPS?
If you are based in Spain and already have a QROPS, yet have never had any issues with the Spanish tax office, you are probably wondering why.
It is most likely that you simply declared the QROPS withdrawals as income from a pension and your local tax office has no idea it is a QROPS, or has not caught up with what it is or what the central tax office thinks of them.
It could, potentially, go unnoticed indefinitely.
There are other issues, such as the fact that a transfer to a QROPS would be subject to an Overseas Transfer Charge of 25% if the QROPS is established in a non-EU country and you do not live in the same country.
It is not clear if this will eventually be extended to the EU, given Brexit. The tax treatment is not black and white because there is no specific law blocking the use of QROPS in Spain. There are also many new issues that have arisen since Brexit and different autonomous regions in Spain (and even in the same region) can treat pension withdrawals differently.
However, as you can see, there are considerable risks involved. It is important that you understand what they are before taking them.
Given the potential Spanish issues with QROPS, they cannot be recommended for those looking to move to Spain or already residing in Spain. Before transferring your private UK pension into QROPs it’s important to ensure the country you are based in does not have similar issues to those experienced in Spain, for example, is similarly problematic.
The lifetime allowance
Prior to the Spring Budget, there was no limit on the size of pension fund you could accumulate. However, there was a cap of £1.073m which is often referred to as the ‘tax-privileged amount’. Any excess over this amount is subject to 25% tax which is deducted by the scheme before the fund can be transferred into a QROPS. If you decide to take the excess as a lump sum, the tax is 55% which is not great news if you are a basic-rate taxpayer.
However, in a surprise move, the Government abolished the tax in this year’s Budget whilst retaining the LTA itself, stating that the LTA will be abolished next April.
As things stand, this is a distinct improvement for members with large transfer values because, at the moment, they can transfer into a QROPS without triggering any tax charge. However, the Labour Party has said that if it is elected it will reintroduce the LTA so there may be a limited window of opportunity to transfer without any tax charge.
The Overseas Transfer Charge (OTC)
Any transfers to a QROPS are also subject to an Overseas Tax Charge (OTC) of 25% of the value of the fund unless certain exemptions apply.
The two main exemptions are where:
- The QROPS is established in an EEA country and the member is resident in another EEA country and
- The member is resident in the same country as the one in which the QROPS is established.
Alternative options
Alternatively, Self-Invested Personal Pensions (SIPPs) are a primary alternative to QROPS. SIPPs offer flexibility and a wider range of investment choices, both internationally and within the UK. Expatriates can benefit from tax relief on pension contributions as UK taxpayers or for the first five years as overseas residents, depending on their circumstances.
One vital difference between a QROPS and a SIPP is that the latter is a UK registered pension. This means that when you transfer your benefits into a SIPP, your benefits remain subject to UK pension legislation. This is not the case when you transfer to a QROPS.
Choosing between QROPS and SIPPs depends on various factors, including tax, LTA and OTC implications, access to benefits, and investment preferences. It is recommended to seek professional advice from experienced advisers to make well-informed decisions regarding pension transfers.
Get bespoke advice on your pension
Many schemes have been delisted by HMRC, without any legislative changes, due to being non-compliance with QROPS/ROPS rules. Before making a commitment to transfer your pension to an overseas scheme, it is essential to seek advice from a qualified pension advisor. They can provide comprehensive guidance on the rules and regulations of your intended retirement destination, as well as the QROPS jurisdictions that offer the best benefits for your situation.
If you require guidance on whether QROPS is suitable for you, information on the available QROPS in your intended relocation destination, or assistance in evaluating different pension transfer options, please feel free to contact your nearest Blacktower
The local Blacktower office address is:
120 Avenida Dr. Artero Guirao 2C. San Pedro Del Pinatar, 30740, Murcia, Spain.
The office suite is easy to find on the main N332 through road of San Pedro del Pinatar with easy parking.
If you want more information or wish to make an appointment to discuss your own situation then call 0034 657 684 094 or email keith.littlewood@blacktowerfm.com
The Blacktower group of companies operates across multiple jurisdictions, each authorized under its respective regulatory license. For further information, please refer to the relevant regulatory page.
This communication is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice form a professional adviser before embarking on any financial planning activity.
staff.inc.ali
Financial Advice Issues for Expats in Spain
I have been a Qualified Financial Adviser for almost 35 years now. 25 years in the UK for major institutions such as Natwest, RBS and Royal London. I have been in Spain giving expats financial advice now for 10 years and it is quite remarkable the different approaches as well as advice that are required for an expat now living in Spain. Blacktower is a company that has specialised in providing the best solutions for its clients living outside the UK for 30 years also.
The currency issue is always high on the agenda and a discussion for the long-term future has to be taken onto account. Questions like What will happen if one partner dies? Will the other remain in Spain? What about other family members? What Inheritance tax provisions do you have in place? The list goes on and on.
Existing portfolios and investments that were the mainstay of portfolios in the UK may now be obsolete. An example of this is quite often tax efficient products in the UK like ISA’s and previously held TESSA’s: PEP’s actually have low growth rates and provide no tax advantage to a Spanish fiscal resident.
Existing pension holdings either paid by the state or private pensions built up through working lifetimes are topics that have to be covered. Many expats have lots of small pensions from many ex employers and can be confused by the communications and administration in dealing with them. At Blacktower we specialise in advising on how to consolidate and bring all these pensions together in one place.
Bank accounts and investments in Spain always bring up lots of questions too. Quite often the small print associated with financial products in Spain is in Spanish this can make it very difficult even if you have a good grasp of the language. Understanding Jargon in English is sometime difficult enough. I provide clear easy to understand letters and documents in English so that you fully understand any terms and conditions before making a decision.
Advice on tax efficiency is just as important and offering good returns. There are products available exclusively for Spanish expats that can provide invaluable benefits. Having a good base knowledge of the tax implications both now and in the future is an essential ingredient to making a sound decision.
Click for more information about Keith Littlewood.
The above information was correct at the time of preparation and does not constitute investment advice and you should seek advice from a professional adviser before embarking on any financial planning activity.
This communication is for information purposes only and it does not constitute advice or a recommendation. The value of investments can go up as well as down, and investors may not get back the full amount invested. The Blacktower group of companies operates across multiple jurisdictions, each authorized under its respective regulatory license. For further information, please refer to the relevant regulatory page.
