This note on pensions deals with QROPS and their recently arrived cousins, QNUPS. A sensible place to begin is to revisit QROPS.
QROPS (Qualifying Recognised Overseas Pension Scheme) first came to our notice in 2006 as a result of UK pensions ‘simplification’. The UK authorities recognised that British expatriates had the right to transfer their past UK based pension entitlements to Schemes in countries where they had chosen to live. There could be advantages but often it just made life simpler to have one’s pension in the new country. Provided the scheme involved was a ‘qualifying scheme’ (in short, that it had the characteristics of a bona-fide pension scheme) then the transfer away from the UK scheme was permissible. Transfers from both company pension schemes (defined benefit or defined contribution) or personal pension schemes were allowed although not necessarily advisable.
A QROPS offers potential benefits:
• Freedom from UK taxation
A UK pension fund enjoys freedom from Income and Capital Gains Taxes within the fund but the eventual pension will usually be subject to UK Income Tax.
• Investment Freedom
QROPS provide a wider choice and so, for example, it became possible for those expatriates retired elsewhere in Europe to run their pension assets in Euros.
• Capital for descendants
UK Schemes gave no scope for any residual value of a pension to be left on the death of the pensioner. Provided the QROPS had value on death, the balance was available to be left to survivors.
That still left the question of UK Inheritance Tax (IHT). For QROPS investors who had become non-domiciled in the UK, QROPS helped with IHT planning because, as a non-UK asset, it fell outside the scope of UK IHT. But for those still domiciled in the UK, their continuing liability to UK IHT on worldwide assets meant that the QROPS still attracted an IHT charge.
This situation was seen as unfair because UK-based pension funds were exempt from IHT, so the Finance Act 2008 contained a clause which extended the IHT exemption to qualifying non-UK pension schemes (QNUPS). For those who come afresh to this area of planning it is important to note that a QROPS will always be a QNUPS (and therefore IHT exempt) but a QNUPS is not necessarily a QROPS. So, this clarification was very welcome news to those UK domiciliaries who had transferred old pension entitlements to a QROPS.
So, if you are an expatriate here are some basic answers to simple questions.
Should I transfer my pension funds?
If you are a member of a UK company scheme then it is generally dependent on the benefits available in that scheme. The pension from certain schemes are guaranteed to increase in the future and also are protected by the UK’s Pension Protection Fund so it would be down to your particular circumstances as to whether a transfer out would be worthwhile. For example, you might have a reduced life expectancy, want to have funds to leave to your children or need to produce an income in a different currency to that of your scheme.
Should the transfer be to a QROPS?
Possibly, but QROPS can be expensive (although competition in a young market is having a welcome effect). A QROPS gives the benefit of being outside the UK so has potential tax advantages and, with its greater investment freedom, can provide a non-Sterling income. Where you want to keep the benefits in Sterling and have a ‘smaller’ pension pot (say below £200,000) then it could be more effective to remain in a UK scheme but transfer to a personal pension plan. In that way a lump sum can be available for survivors – not the case with a company final salary scheme.
What about personal pension plans in the UK?
We are on simpler ground here. Unless the fund is too small to make a transfer economically viable the answer is more likely to be yes. Bear in mind that you need to have been outside the UK for at least five years (or certain that you will be) to secure tax freedom.
Even if a transfer to a QROPS is not viable, it can often make sense to switch to more modern arrangements with lower costs and greater fund choice.
Should I invest in a QNUPS?
This is much trickier ground. If you have existing pension funds then they are now free of UK IHT. Adding non-pension assets to a QNUPS brings ‘challenges’. A QNUPS must have the characteristics of a pension scheme. Contributions could be limited and access to the fund, either by way of capital or income, would be expected to be restricted too.
For a non resident, non-domiciled Briton there can’t be any tax reason to transfer assets to a QNUPS. Freedom from UK IHT has already been achieved on all but UK assets by virtue of non-domicile. It might be argued that UK assets could be transferred to a QNUPS but, even if that was effective tax planning, access to those assets in the future will be restricted. So better options might be found.
For a non resident Briton who is still domiciled in the UK then a QNUPS is a more useful means to achieve exemption from IHT. However, do remember that these are pension schemes and the taxman will expect to see them used as such. It is unlikely that a one-off transfer of a substantial part of an individual’s assets into a QNUPS would be considered as sensible pension planning.
It is quite possible that a realistic part of an individual’s earnings could be built up in a QNUPS whilst the saver was outside the UK and on return to the UK the value of that QNUPS could remain outside the scope of UK IHT. But do remember that a QNUPS will be expensive and that income drawn when resident will certainly be taxable. The fact that capital once added cannot be retrieved will be a further deterrent.
Interestingly, there is no reason why a UK resident should not build up funds in a QNUPS too. For those who will struggle to stash away provision for the future, especially after the harsh changes confirmed in the 2010 Budget, a QNUPS could be a useful adjunct to the now restricted UK pension opportunities.
Of course, in all these things, common sense and informed advice are necessary. It is most unlikely that any one ‘scheme’ will provide the answer to all one’s tax planning needs. Hopefully, this note will throw some light on QNUPS but for more individual advice please, as ever, get in touch.