Overseas transfers

Can your client transfer their pension savings to a pension plan in another country and are there any tax implications?
So what's this all about?
  • What is a QROPS?
  • Recognised transfers to QROPS
  • Overseas transfer charges from 9 March 2017
  • Advantages and disadvantages of QROPS
  • Non-recognised transfers - tax charges
  • Transfers from overseas schemes
  • 6 April 2017 changes

The short answer is yes but there are a number of requirements and restrictions that apply.

HMRC's starting point is that it doesn't want pension funds which have enjoyed UK tax benefits to be able to be transferred to overseas schemes which don't have the same restrictions.

However, rather than ban overseas transfers altogether or penalise them so much that it has the same result, HMRC will, in some circumstances, treat a transfer to an overseas scheme as a recognised transfer.

The scheme manager of the overseas scheme has to supply certain information to HMRC and the scheme has to meet certain conditions. If this is done, HMRC will recognise it as a Qualifying Recognised Overseas Pension Scheme (QROPS) and transfers to it from UK schemes will be recognised transfers.

Some overseas schemes (for example schemes in the USA) may not accept the transfer value.

What is a QROPS?

There are various 'hurdles' a scheme has to overcome before HMRC will recognise it as a QROPS. To be a QROPS all of the following conditions must apply:

  • The scheme must be a pension scheme, providing benefits in the event of retirement or death.
  • It must be an overseas pension scheme as defined in PTM112200.
  • A recognised overseas pension scheme (ROPS) as defined in PTM112300.
  • The ROPS must become a QROPS as defined by legislation s169(2) Finance Act 2004.

HMRC - Pensions Tax Manual: PTM112000 Qualifying recognised overseas pension schemes

A QROPS is the top of the tree in HMRC's eyes when it comes to foreign pension schemes. However, even if all the requirements are met, HMRC can refuse to recognise an overseas scheme (for instance if it doesn't provide all the information it said it would).

HMRC maintains a list of ROPS. If a scheme appears on this list it confirms that the scheme meets the conditions to be a ROPS. It does not confirm that the scheme is a QROPS which will have to be verified by the transferring firm’s due diligence on the scheme. It is the trustees of a UK scheme's responsibility to check whether the scheme is a QROPS or not. If it is not, the transfer will be an unauthorised payment resulting in tax penalties.

What does overseas mean?

We get a surprising number of questions about this. There is sometimes confusion but the Republic of Ireland, Jersey, Guernsey and the Isle of Man are not part of the United Kingdom. Nor are any other further flung Crown dependencies such as the Falkland Islands.

What are the options if the customer moves overseas and has a UK registered pension scheme?

They can transfer their pension savings to a pension plan in the country they have moved to. As stated above if the receiving scheme isn’t a QROPS the potential tax charges should be enough to stop the transfer.

They could leave their pension in the UK plan and have it paid from there when they want to take their benefits, this is covered in the next section.

Are there any issues with taking benefits from a UK registered pension scheme whilst being resident overseas?

One issue with taking income from a UK pension plan is that UK pension providers do not normally pay the money into overseas bank accounts. So you should check with the provider.

If the individual still has a UK bank account the money could be paid there. This can then be withdrawn using a bank card as normal or it could be transferred to a bank in the country of residence.

You usually have to pay tax on your UK income even if you are not a UK resident. The country of residence may also tax you on your UK income. If the country of residence has a double-taxation agreement with the UK, it is possible to claim relief against UK tax so you are only taxed once.

GOV.UK - Tax on your UK income if you live abroad 

Are there any issues if they remain in the UK and transfer to a QROPS?

A number of changes relating to the QROPS regulation were brought in from 6 April 2017.

When a pension or lump sum is paid to a UK resident from a QROPS, all of the pension income will be chargeable to UK tax, in the same way as it would if it had been paid from a registered pension scheme. Any lump sum payments may be taxed as pension income depending on the tax rules that apply in the country the QROPS is registered.

HMRC – Pensions Tax Manual: PTM102000 Transfers from a registered pension scheme to a QROPS

Payments out of funds transferred to a QROPS on or after 6 April 2017 will be subject to UK tax rules for five tax years after the date of transfer, regardless of where the individual is resident.

HMRC - Pensions Tax Manual: PTM112010 The overseas transfer charge

HMRC – Pensions Tax Manual: PTM102200 Essential principles of the overseas transfer charge

The pension age test was also amended so that if benefits are paid from a QROPS before normal minimum pension age (55) and they would be treated as an authorised payment if paid from a UK registered pension scheme they will also be an authorised payment.

HMRC – Pensions Tax Manual: PTM112300 What is a recognised overseas pension scheme – Pension Age Test

It is not possible for PCLS to be paid, first by the QROPS then by the UK registered pension scheme if it has been transferred back to the UK.

HMRC – Pensions Tax Manual: PTM103500 Transfers to a registered pension scheme from a QROPS or former QROPS

HMRC's requirements in respect of the transfer of a UK registered pension scheme to a QROPS

HMRC – Pensions Tax Manual: PTM102900 Transfers to a QROPS: member actions - information to be provided before the transfer

The member must supply the scheme administrator the following details, their:

  • name
  • date of birth
  • National Insurance number
  • principal residential address, if they are no longer in the UK they should also provide their last principal residential UK address
  • telephone number for use by HMRC in relation to the scheme

They also need to provide:

  • if they are no longer UK resident for tax purposes, the date that UK residence ended
  • the QROPS name and address
  • the reference number given to the scheme by HMRC, if known
  • the country or territory under the law of which the QROPS is established and regulated
  • written acknowledgement the member is aware that a transfer other than a recognised transfer to a QROPS gives rise to an unauthorised payments charge and may give rise to an unauthorised payments surcharge

On the final point above see the What is the impact is on the customer if it isn’t a recognised transfer section below for more details.

Prescribed member’s written acknowledgement

The member must sign a written statement to confirm they acknowledge they are aware a transfer other than a recognised transfer to a QROPS of sums and assets held for the purposes of, or representing accrued rights under, an arrangement under a registered pension scheme:

  • gives rise to a liability under section 208 (unauthorised payments charge) and
  • may give rise to a liability under section 209 (unauthorised payments surcharge)

The member must also acknowledge in writing that they are aware:

  • that a recognised transfer to a QROPS may give rise to a liability to the overseas transfer charge and
  • of the circumstances in which liability arises, liability is excluded from the outset, and liability is excluded only if conditions continue to be met over a period of time

The QROPS scheme manager must agree to tell HMRC when they pay benefits from the transferred fund or if they transfer the fund again. This reporting requirement applies unless:

  • the member is not UK resident and has not been UK resident at any time in the 10 years before the payment and
  • 10 years have passed since the transfer was made

This means that:

  • Payments made within 10 years of the transfer have to be reported regardless of the member's residence status.
  • Even if the transfer was made more than 10 years ago, payments to members who are UK resident or have been in the last 10 years have to be reported.

Any payment or transfer made in the reporting period which wouldn't have been an authorised payment or recognised transfer from a UK registered pension scheme will suffer the normal tax penalties (see below).

As a transfer to a qualifying recognised overseas pension scheme is a 'permitted transfer', enhanced or fixed protection will not be lost on such a transfer.

The UK scheme administrator must report the transfer to HMRC (they would also have to report a non-recognised transfer).

What is the impact on the customer if it isn’t a recognised transfer?

A non-recognised transfer may result in the following tax penalties:

  • An unauthorised member payment charge of 40% of the transfer value.
  • If all unauthorised payments in a 12 month period are more than 25% of the fund value, an unauthorised payments surcharge of 15% of the transfer value will be payable by the member.
  • The registered pension scheme will have to pay a scheme sanction charge of 40% of the transfer value. If the scheme administrator has deducted the member's tax charge from the transfer payment and paid the tax charge to HMRC on the member's behalf, the scheme administrator may reduce the amount of the scheme sanction charge by the lesser of 25% and the amount of member's tax charge deducted as a proportion of the transfer payment, and
  • If the amount of non-recognised transfers exceed 40% of the scheme's assets, it could be de-registered with a de-registration charge of 40% of the scheme's assets.

Never mind - at least a non-recognised transfer doesn't count towards the annual allowance or the lifetime allowance!

HMRC – Pensions Tax Manual: PTM131000 Taxation of unauthorised payments

Is there a difference between uncrystallised and crystallised rights?

Unlike a recognised transfer between two UK registered pension schemes, a transfer from a UK scheme to a QROPS is a benefit crystallisation event. So if the amount of the transfer is over the relevant lifetime allowance, a lifetime allowance charge will be levied. However, because the payment is not to the member, the rate charged is 25%, not 55%, despite the fact that it involves a lump sum. There will be no effect on the annual allowance as it isn't a contribution (although all contributions made in the pension input period up to the date of transfer obviously will).

If benefits were in respect of a pension drawdown plan which started before 6 April 2006 there will be no BCE 8 on transfer.

If benefits were designated as drawdown from 6 April 2006, they will have been tested against the lifetime allowance (BCE1) or scheme pension (BCE2). To stop double counting the overlap provision apply, the BCE1or BCE2 amount is deducted from the value being transferred BCE8. The difference will be tested against the individuals remaining lifetime allowance, any excess would have a 25% charge deducted.

HMRC - Pensions Tax Manual: PTM088690 Benefit crystallisation events (BCEs) in detail: BCE 8 transfer to QROPS

When does the overseas transfer charge apply?

Even if the transfer to the QROPS is a recognised transfer there might still be a tax charge on the transfer.

HMRC – Pensions Tax Manual: PTM102200 Essential principles of the overseas transfer charge

The Budget on 9 March 2017 introduced a 25% tax charge on transfers to QROPS, the charge will apply if none of the following conditions are met:

  • The member is resident in the same country in which the QROPS is established.
  • The member is resident in a country within the European Economic Area (EEA) and the QROPS is established in a country within the EEA.
  • The QROPS is set up by an international organisation for the purpose of providing benefits for or in respect of past service as an employee of the organisation and the member is an employee of that international organisation.
  • The QROPS is an overseas public service pension scheme and the member is an employee of an employer that participates in the scheme.
  • The QROPS is an occupational pension scheme and the member is an employee of a sponsoring employee under the scheme.
  • The transfer charge can only apply to transfers where the transfer request was made on or after 9 March 2017.

HMRC – Pensions Tax Manual: PTM101999 Transfers to a QROPS: contents

Within 30 days of the request the UK scheme administrator has to collect information from the member to allow the transfer to proceed. This can be done using form APSS263. The member then has 60 days to provide this information. If they don’t, the UK scheme administrator must deduct the overseas transfer charge if the transfer proceeds.

The charge also applies if someone is exempt at the outset, but their circumstances change during the ‘relevant period’ which is five full tax years so that none of the exceptions applies. The reverse is also true – the charge is refunded if it’s applied at the outset, but at least one of the exceptions becomes applicable during the relevant period.

The scheme and member have joint and several liability for the charge. This means the scheme should deduct and pay the charge to HMRC. But if it doesn’t, the member will end up paying the charge via self-assessment.

HMRC – Pensions Tax Manual: PTM102200 Essential principles of the overseas transfer charge

Can you transfer from a QROPS to a UK registered pension scheme?

In this case, a transfer is coming from a pension scheme which is not regulated and taxed by HMRC to one that is. Almost all pension transfers from overseas pension schemes to UK registered pension schemes are allowable and treated in a similar way to recognised transfers. However, a registered pension scheme isn't obliged to accept the transfer.

Overseas transfers into registered pension schemes aren't recognised transfers. However they aren't unauthorised payments either as unauthorised payments can only come from UK registered pension schemes. The transfer doesn't count as a contribution and therefore doesn't get tax relief and doesn't count against the annual allowance. It's also not a benefit crystallisation event (BCE), and doesn't trigger a test against the lifetime allowance at time of transfer. However, it will count against the lifetime allowance when a BCE does occur.

If the transfer is from a QROPS or former QROPS, the member's lifetime allowance can be enhanced by the same percentage as the transfer value bears to the standard lifetime allowance at time of transfer. So if John has a transfer of £105,500 from a recognised overseas pension scheme during 2019/20, his personal lifetime allowance will be 10% higher than the standard lifetime allowance (£105,500/£1,055,000). This recognises the fact that the transferred funds haven't received any tax advantages from HMRC. A member has up to five years from 31 January following the tax year in which the transfer is made to claim this enhancement by registering it with HMRC. So John has until 31 January 2027 to register his claim to an enhancement to his lifetime allowance. It's important to note that this enhancement is only available if the transfer is from a recognised overseas pension scheme - if it is not a recognised scheme, the enhancement can't be claimed.

HMRC – Pensions Tax Manual: PTM095410 Lifetime allowance enhancement factors: The recognised overseas scheme transfer factor

Note

The information provided is based on our current understanding of the relevant legislation and regulations and may be subject to alteration as a result of changes in legislation or practice. Also it may not reflect the options available under a specific product which may not be as wide as legislations and regulations allow.

All references to taxation are based on our understanding of current taxation law and practice and may be affected by future changes in legislation and the individual circumstances of the investor.

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Last updated: 28 Jun 2019

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The Royal London Mutual Insurance Society Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The firm is on the Financial Services Register, registration number 117672. It provides life assurance and pensions. Registered in England and Wales number 99064. Registered office: 55 Gracechurch Street, London, EC3V 0RL.