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Qualifying Recognised Overseas Pension Scheme
AES International is a trading style of AES Financial Services Ltd which is authorised and regulated by the Financial Conduct Authority, Registration No. 464494. Registered Office: Elysium Gate, 126-128 New Kings Road, London, SW6 4LZ. Telephone: 0203 051 7999. Registered in England No. 6063185.
2 | QUALIFYING RECOGNISED OVERSEAS PENSION SCHEME
take your pension away with you
Why you could be better off with a Qualifying Recognised Overseas Pension Scheme – QROPS • Suitable for non-UK residents and anyone planning to retire outside the UK • Add extra investment flexibility and control to your pension arrangements • Reduce your exposure to UK income tax, inheritance tax and pension restrictions
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Table of Contents 04 |
WHAT IS A QROPS?
05 |
HOW TO RETIRE COMFORTABLY OVERSEAS
06 |
QUESTIONS ABOUT CHOOSING THE RIGHT QROPS
07 |
THE BENEFITS OF A QROPS VS A UK-BASED PENSION SCHEME
08 |
WHAT YOU SHOULD CONSIDER BEFORE CHOOSING A QROPS:
09 |
HELPING YOU MAKE THE BEST CHOICES
10 | 11 |
• Residency considerations • Your existing pension arrangements using a QROPS to provide for your family
WHAT KIND OF INVESTMENTS CAN I INCLUDE IN MY QROPS? TRANSFERRING TO A QROPS
4 | QUALIFYING RECOGNISED OVERSEAS PENSION SCHEME
What is QROPS? If you have savings in an existing UK pension fund but are considering retiring abroad, you may be wondering just how easy it will be to access these funds. The attractions of a warmer climate, a more relaxed lifestyle or lower tax could soon fade if you have to work around pension rules more relevant to UK residents. However, if you already live outside the UK, or you’re planning to move overseas shortly, you can use a QROPS to transfer your pension arrangements abroad.
What are the benefits of a QROPS? Compared to general UK pension rules, a QROPS could offer you these advantages (subject to local pension rules): • It could reduce the income tax payable on the income from your pension. • If you die, your family will be able to inherit your pension benefits free of the lump sum death benefit charge. • A wider choice of investment opportunities – particularly useful if you want to invest in assets which reflect the currency and inflation factors where you plan to retire, rather than UK-biased choices. • In some cases, only 70% of your transferred fund must be used to provide you with an income for life. • No restrictions on the fund size from which you can draw benefits, once the funds have been transferred to the QROPS, (care must be taken as HMRC charges could apply on transfer). (Current UK limit is £1.5m 2012/13). See page 6 for more details.
Case study Peter, 53, and his wife Julia, 51, have lived in Hong Kong since 2010 and don’t want to return to the UK. Peter originally had a pension fund of just under £400,000 in a UK pension scheme and has now transferred it to a Maltese-based QROPS. Peter invests his pensions funds in a diversified portfolio, appropriate to his tolerance for investment risk and required returns. The portfolio is denominated in euros to reduce currency risk, as his goal is to retire in Spain. In 2016, when they find their ideal retirement villa in Spain, Peter can draw up to 30% of his fund as a tax-free lump sum to pay for their new home. In fact, he can take his pension fund as regular cash lump sums in the currency of his choice, since you don’t have to take an annuity with a QROPS.
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Questions about choosing the right QROPS Do I need to choose a QROPS from
No – you are free to choose any scheme that’s appropriate for your circumstances rather than
the country where I’ll be living?
restricting yourself to local schemes. For example, if you’re currently living in Hong Kong but planning to retire to Cyprus, you could still choose a QROPS administered in Guernsey (the jurisdiction). However, you should choose your jurisdiction carefully, to ensure that their local rules fit in with your needs.
Why can’t I just choose any
You’ll only avoid a UK tax bill if the overseas scheme is a QROPS. That means it meets HM Revenue &
overseas pension scheme?
Customs (HMRC) rules in the UK. Broadly, these rules are: • At least 70% of the funds transferred to your QROPS must be used to provide you with an income for life. • The QROPS provider is obliged to report scheme transactions back to HMRC for the first 10 years from the date of transfer. However, this is different to the member payment provisions where an unauthorised payment could apply which relates to a potential unauthorised payment charge. After five consecutive tax years of non UK residency, any payments to members will not be subject to such a charge. • The scheme must be recognised in the jurisdiction as a pension scheme and be open to local residents there.
What happens if I transfer to an
Almost certainly HMRC would consider it an unauthorised transfer, and you would have to pay
overseas pension scheme that isn’t
HMRC up to 55% of the value of your pension fund.
a QROPS? What if the pension rules in the
Your QROPS will combine the local rules with the UK’s QROPS requirements. Typically, if these rules
jurisdiction are different to UK
differ, the stricter ones will apply.
rules? I have several UK pension
Yes – and an extra benefit could be that it will make record keeping easier and save you paying
schemes – can I consolidate them
multiple administration costs.
into a single QROPS? How can I find out which schemes
You can find a list of QROPS on the HMRC website at www.hmrc.gov.uk/pensionschemes/qrops.pdf
are QROPS? However, although the schemes on the list meet the requirements for qualifying as QROPS, that doesn’t mean they’ve been approved by HMRC – Appearing on the list means that the QROPS provider has notified HMRC that it meets the conditions to be a QROPS. HMRC do not carry out any checks with the QROPS provider, therefore, it is important to consult your AES financial adviser before choosing a scheme.
6 | QUALIFYING RECOGNISED OVERSEAS PENSION SCHEME
The benefits of a QROPS vs a UK-based pension scheme UK-based scheme
QROPS
Designed for UK residents, so if you’re based overseas it can be hard to access UK pensions expertise.
Designed for a more transient population, and international advisers are more familiar with them.
Most investments are held in sterling, so payments are affected by exchange rate fluctuations and currency conversion charges.
You can invest in assets in most currencies, and choose to receive payments in your local currency.
You can choose to retire at any age from 55 onwards.
Most schemes allow the same flexibility as the UK, but local rules may differ.
Most UK schemes allow you to withdraw a lump sum of up to 25% on retirement.
You can withdraw up to 30%, depending on local rules.
It is no longer compulsory to purchase an annuity at any age in the UK. Therefore, your pension funds can remain invested indefinitely and realigned to suit your investment requirements. Income can be taken directly from the invested funds, (Income Drawdown) but subject to limits.
Like UK based schemes, there is no requirement to provide income via an annuity, so funds can remain invested and income levels are also flexible. This is subject to certain maximum levels, which may be more generous than UK based schemes.
Your pension income will be taxed in the UK, and claiming this back may be difficult, if not impossible. However, it is possible to arrange for payments to be made gross and suffer tax in your country of residence.
The existence of a Double Taxation Agreement between the jurisdiction of the QROPS provider and your country of residence is an important factor when considering the income tax implications.
Can offer a wide choice of investments, including shares, mutual funds and packaged investment products. However, the investments will predominantly be donominated in GBP Sterling.
Can offer a wide choice of investments, including shares, mutual funds and packaged investment products. The investments are available in multi-currencies
Holding a variety of UK pension schemes means your funds can be subject to numerous complex charging structures, so it’s hard to tell whether you’re getting value for money.
A QROPS can provide a simple and effective way to consolidate your pension arrangements.
There is the possibility that any lump sum benefit paid in the event of your death will be subject to a tax charge of 55%. This will depend upon whether you have crystallised your benefits, the method you have used to provide your income and the age that you are at date of death. This charge has nothing to do with inheritance tax charges which are an entirely separate calculation.
Any lump sum death benefits payable after 5 consecutive years of non UK residency will not suffer a tax charge, regardless of whether benefits have been crystallised or your age.
Contrary to a lot of the QROPS related information available in the public sphere, the value of most UK pension arrangements will not be included in your estate for inheritance tax purposes. Some very old style arrangements may be included, (Section 32 Buy Out Plans, Retirement Annuity Contracts), so it is important to understand whether this applies to you.
Not usually liable to UK taxes.
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What you should consider before choosing a QROPS QROPS offer a wide range of benefits if you’re living, or planning to spend your retirement, abroad. However, QROPS are not for everyone, so please read this page to see whether a QROPS could be right for you. Residency considerations
Keep your existing UK pension plan(s) if:
Consider a QROPS if: • You’re no longer resident in the UK, but have an
• You expect to return to the UK for long periods,
existing UK pension.
or permanently, in the future. • AND you are certain that you will continue to live • OR you plan to stay in the UK.
outside the UK for at least five tax years. • AND you have no plans to return, except for short visits. A QROPS may also be suitable if you’re still living in the UK, but plan to retire permanently abroad and are sure that you will then be able to meet the requirements shown above.
Your existing pension arrangements
It could be better to keep your existing UK pension plan(s) if:
• You have a personal and/or occupational pension
Before transferring your pension to a QROPS, make
• Your only pension is the basic state pension.
sure you’re aware of all the
• OR your pension plan is worth less than
benefits offered by your current arrangements.
Consider a QROPS if:
£100,000.
plan with a total value of at least £100,000. • Your funds do not exceed the current Lifetime
• OR you have already bought a pension annuity.
Allowance, or you have opted for Transitional
• OR your pension is in a valuable ‘final salary’ or
Protection, (Enhanced, Primary, or Fixed):
‘defined benefit’ scheme, with enough funds to meet all its liabilities • OR it includes benefits such as a guarantee,
– you’re in a ‘final salary’ scheme, but mergers, acquisitions or poor investment returns mean
spouse’s pension, life cover, higher tax-free lump
there may not be enough funds to meet all
sums or competitive charges.
the liabilities (including your pension) and you
• OR your employer bears the costs of the scheme.
are not entitled to compensation from the UK
• Any of your benefits are subject to a UK
Pension Protection Fund (if you are entitled
pension sharing order as a result of a divorce
to compensation, moving to a QROPS would
settlement, (some QROPS providers may be able
deprive you of that right).
to accommodate this). • A significant portion of your fund is made up of
– you have a ‘defined contribution’ or ‘money
Guaranteed Minimum Pension, that cannot be
purchase’ scheme with no guarantee, tax-free
transferred, (applies mainly to old style Section
lump entitlement capped at 25% of the fund
32 Buy Out Plans).
value.
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Using a QROPS to provide for your family UK annuities usually end when the recipient dies, and do not leave any extra money for the family or beneficiaries. It is possible to arrange one that will continue paying after your death, but it would increase the cost and reduce your income. With a QROPS, on the other hand, since you don’t need to buy an annuity, your fund won’t vanish when you die. Instead, you can pass it on to your loved ones.
What are the benefits of a QROPS? QROPS are not usually subject to inheritance tax, although some jurisdictions may apply a form of tax. This means there should be a substantially larger fund to pass on to your beneficiaries. Moving your pension plans abroad can also support a claim that you are no longer considered subject to UK inheritance tax, which should mean your beneficiaries do not pay UK inheritance tax on anything they inherit from you.
Will it take longer to pay the money to my beneficiaries because the QROPS is based abroad? No – in fact, you can nominate beneficiaries when you set up your QROPS, which will simplify and speed up the process of paying your loved ones.
Case study Colin, 45, and Gill, 44, have decided to sell their small business and move to a villa in France. While discussing how to invest the proceeds of the sale they become aware of the potential impact of UK inheritance tax. Their financial adviser points out that they could use a QROPS to switch their UK pensions overseas and help support their claim for losing their UK domicile, which will reduce the chances of being caught by UK inheritance tax Their QROPS also means that the funds left in their pension fund after they’ve both died can be distributed to their family rather than defaulting to an annuity provider.
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Helping you make the best choices This is a growing market, and new QROPS and providers are appearing regularly. Talk to your financial adviser to make sure you choose the most appropriate jurisdiction and QROPS provider for your needs.
What should I look for when choosing a jurisdiction for my QROPS? Many countries are now jurisdictions for QROPS – i.e. the country that administers and sets the rules for the scheme. Most of them, particularly traditional offshore finance centres like Guernsey or the Isle of Man, have local pension regulations that make QROPS an attractive proposition. However, there are differences worth considering when you’re choosing a QROPS. All jurisdictions have limits on the lump sum you can take, while others tax any income or payment on death. Other factors to consider include language, time zones and the country’s reputation and security as a financial services centre. The existence of an appropriate double taxation agreement between the jurisdiction of your QROPS provider and country of residence is a crucial factor to consider when assessing the taxation implications of payments to you.
What should I consider before selecting a QROPS provider? 1. Look for a reputable firm with a proven track record in QROPS and as corporate trustees generally. 2. A professional workforce with enough staff to provide an efficient service. 3. A good relationship with both HMRC and their local pension regulator. This can help to ensure that transactions take place smoothly and efficiently. 4. Check which services are included in their annual fee, or as part of their set-up, ongoing or winding-up charges and which could incur extra costs. These services could include: • co-ordinating the transfer of your UK pension funds • technical expertise and advice on pensions • reporting to HMRC • holding your pension fund as trustees • servicing and administering your QROPS • investment management • arranging your pension payments
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What kind of investments can I include in my QROPS? QROPS can offer you access to an extremely wide choice of investments, including shares and mutual funds. However, many QROPS may not be able to support this. If so, specialised packages which AES International can advise you upon may be suitable.
Choosing an AES International solution for your QROPS AES International offers a range of award-winning investment solutions that are normally appropriate as the underlying investment of a QROPS. The AES Investment Strategies team construct risk adjusted portfolios, after researching the market, in accordance with our ‘thematic’ investment philosophy which involves selecting specific industries and sectors, or approaching a geographical region in a specific way when selecting the funds to include in a portfolio. Thematic investing is about capitalizing on future trends — identifying (and profiting from) the winners and, just as importantly, avoiding (or underweighting) the losers. The portfolios are subject to monitoring and oversight from the AES Investment Committee all year round. Alternatively, another investment manager can be appointed on your behalf or you may wish to take a proactive approach, in conjunction with your adviser, regarding the investment strategy you wish to adopt. The selected QROPS will provide the flexibility and diversity to enable you and your financial adviser to build a portfolio that meets your specific financial needs, without restricting your asset allocation or currency options. That means your assets can be managed according to your own criteria and attitude to risk, and you can switch between markets and asset groups as and when you want – all within a tax-efficient environment. Please speak to your financial adviser to find out which of AES International’s solutions is most appropriate for your QROPS.
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Transferring to a QROPS Before you start to transfer your pension, you should consider any penalties or costs charged by your existing pension provider(s), particularly if any of your money is invested in with-profits funds. Your financial adviser can then help you decide whether the benefits of a QROPS will outweigh these charges.
When can I start the transfer? As long as you meet the criteria on page 7, you can transfer at any time. The process will typically take between one and three months, depending on your UK pension provider. If you are still UK resident when making the transfer, the QROPS provider will need to confirm they are happy to accept the transfer before you proceed. • If you have a traditional pension arrangement with an insurance company, the assets will be sold and the cash transferred to your QROPS. • If you have a Small Self Administered Scheme (SSAS) or a Self Invested Pension Plan (SIPP), it may be possible to transfer your existing assets without selling them, providing the trustees and administrators of your new scheme are willing to accept them.
When will I be able to receive my pension payments? Once the transfer has been completed, provided you are old enough to receive benefits, they can start immediately. However, some schemes set a minimum term after transferring, and local legislation may also affect the earliest age when you can receive benefits. Ask your financial adviser or QROPS provider about local rules, and whether they affect your tax status or the age when you can receive pension benefits.
Will I be taxed on the transfer? When the transfer takes place, HMRC will value your pension and compare it against your lifetime allowance, currently £1.5 million for the 2012/13 tax year. If the pension exceeds your unused allowance, you will be liable to a tax charge on the excess, currently 25%. If Transitional Protection is in place, some or all of the excess may be transferred free of any unauthorised payment charges.
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