RIP QROPS!
Discover how changes to QROPS regulations are reshaping pension transfers for non-UK residents and expatriates.
Learn about the historical context, recent tax implications, and the impact of Brexit on managing retirement funds.
From inheritance tax shifts to efforts in closing loopholes, these updates significantly influence retirement planning strategies for individuals considering a move abroad.
Qualifying Recognised Overseas Pension Schemes (QROPS) were first introduced into legislation on 6th April 2006.
They essentially allowed either non-UK residents or UK residents who intended to move abroad the ability to move their UK pension schemes, both Money Purchase and unvested Defined Benefit (Final Salary) schemes, to a scheme outside of the UK where the ultimate taxation of that QROPS was going to be far more benign than taxes that would be suffered if the monies were to stay inside the UK.
For decades, policymakers have debated pensions and, with perhaps a slightly cynical view, have seen them as a cash cow in terms of raising taxes.
The total value locked inside UK pension funds stands at £3 trillion as of August 2024 (please note that public sector schemes are largely unfunded so don’t count) so it is an incredible amount of money that different governments can use to either gain popularity, raise revenue on, or both.
With the ever-increasing number of people leaving the UK, whether it’s the weather, the taxes, or the lifestyle, the temptation to move their pension funds and take with was attractive for various reasons. View the numbers here.
UK pensions, at retirement (crystallisation), currently allow individuals from the age of 55 to take 25% of the fund as cash tax-free (for UK residents).
They are allowed to buy an annuity (which is an irrevocable decision) or to enter into an income drawdown arrangement where they have complete flexibility on the amount and frequency of this income – this income clearly suffers income tax at their highest marginal rate.
Prior to this budget, the value of the fund was exempt from any form of tax for any beneficiary if the pension member died before the age of 75.
If the person died after age 75 then the beneficiary would have to pay income tax on the value received so more than likely would be subject to tax at 45%.
Now, the value is included in the estate for Inheritance Tax planning, meaning that the marginal rate could be up to 67% just on the fund alone.
A QROPS allowed non-UK residents the ability to transfer away and rid the fund of the majority of these taxes. No longer in the EU, the freedom of movement of capital is long waved goodbye to – so to retain the taxing rights on these pensions the government has effectively said, “Of course you can move them, but we will tax you 25% for the privilege.”
The whole reason behind this was to stop “double dipping” on tax-free cash whereby a UK resident could extract 25% of the original fund from the UK, then stay in the UK but move the fund to a QROPS and then take another 25% tax-free, amounting to 43.75% as a tax-free amount.
Stopping tax abuse and closing a loophole is one thing; creating an environment which prevents people managing their retirement fund appropriately is quite another.
A sledgehammer to crack a nut!
The changes to QROPS regulations have introduced significant shifts in the way pensions are managed for expatriates and non-UK residents.
While these adjustments aim to curb tax loopholes, they also present new challenges for individuals looking to transfer their UK pension funds abroad.
Understanding these changes is crucial for anyone who is considering moving away from the UK and moving their pension assets to more tax-efficient environments.
As pension planning becomes increasingly complex, seeking professional guidance can ensure that your retirement strategy aligns with both your financial goals and the latest legislative requirements.
Ready to navigate the changes to QROPS regulations?
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