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HMRC QROPS - HM Revenue Customs have released a detailed proposal for changes to the Qualifying Recognised Overseas Pension Scheme (QROPS) regime. The measure will affect QROPS and QROPS transfers actioned on or after 6th April 2012. All changes are subject to the consultation process. The objective of this measure is to ensure a fairer tax system and to ensure that the QROPS system continues to be used for its intended purpose. There have been reports that QROPS has been subject to misuse. Summary of the proposed revisions: 1. Secondary legislation will be introduced to revise the conditions that a scheme must meet to be a QROPS 2. Introduce an acknowledgement by the individual, to be completed before a transfer is made, and tax charges may apply 3. Introduce revised time limits for registered pension schemes to report transfers to QROPS 4. Provide additional powers for HMRC to request information from a scheme manager of a QROPS 5. Revise the time limits for the reporting of payments by a QROPS to HMRC Geraint Davies, Managing Director of Montfort International Ltd and QROPS.CO.UK (a leading QROPS adviser) said that, ‘Montfort International has already put together thoughts that will be submitted to HMRC as part of the consultation process’ HMRC’s detailed QROPS proposal can be viewed at: http://www.hmrc.gov.uk/tiin/tiin650.pdf (http://www.hmrc.gov.uk/tiin/tiin650.pdf) Montfort International Ltd / QROPS.CO.UK are considered leading QROPS advisors. If you are planning to move overseas, or are already a UK expatriate and would like advice on the options available, or how these proposed changes may affect you, please do not hesitate to contact our team on +44 (0)1483 202072. Wednesday, 07 December 2011 18:25
Breaking UK Residence – The Gaines-Cooper Case - HMRC have won a landmark case. For those who thought staying in the UK for no more than 91 days per year was sufficient to break residence with UK – think again. The ruling comes at a time as HMRC embark upon revisions to what would constitute UK residence. Such moves will surely impact on any policy that is subsequently brought out in the coming months. The fact that Robert Gaines-Cooper considered himself a non-UK resident as he spent no more than 91 days in any year within the UK, goes to show that more is taken into account than a simple formula on how long you can stay in the country. The ruling took into account that Gaines-Cooper still had sufficient ties in the UK to make him a UK tax resident. This means he now has a tax liability dating back to 1976. This presents problems for thousands of British tax exiles who believing they had broken UK residence now face HMRC pursuing them for unpaid UK taxes. UK's grip on those wanting to break residence and perhaps domicile has tightened with relative ease for HMRC, making it more clear cut what will constitute a non-resident compared to a resident case. For example, the new proposed rules state you are not resident in the UK for a tax year if: you were not resident in the UK in all of the previous three tax years and you are present in the UK for fewer than 45 days in the current tax year; or you were resident in the UK in one or more of the previous three tax years and you are present in the UK for fewer than 10 days in the current tax year; or you leave the UK to carry out full-time work abroad, provided you are present in the UK for fewer than 90 days in the tax year and no more than 20 days are spent working in the UK in the tax year. However, days alone will not be the sole judge. HMRC will weigh up "connecting factors", i.e. other considerations. What is the reason the person has come to the United Kingdom? Recreational purposes would lend itself towards non-residence. Intentions would be indicators of residence. Frequency and pattern of visits to the UK; the longer and more frequent would tend to tip the balance. Spouse and children and their base is a key issue. Whether accommodation is purchased, leased or rented and the reasons for accommodation. If length of time in the UK is more than three years, it would seem to indicate the person is ordinarily resident in the UK. The Gaines-Cooper case shows that with these proposed new rules you are not necessarily safe from the HMRC, especially where there are reasonable aspects of doubt. This is an area, for all those who have left the UK and are in any doubt of their residence status, to urgently review and seek professional advice.  Friday, 11 November 2011 16:02
       

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QROPS - how can it help?

Migration can provide new possibilities to those who wish to access their pensions before retirement.  It is possible to transfer your pensions to an overseas arrangement that has registered as a Qualifying Recognised Overseas Pension Scheme (QROPS) with HM Revenue & Customs (HMRC).

Broadly speaking, the rules of the QROPS must be the same as a UK pension fund when paying out benefits. The QROPS will have undertaken to report to HMRC on certain events for the first five years of a member’s non UK residency. After this time the requirement to report back to HMRC falls away and pensions in certain jurisdictions will permit access to 100% of the fund before age 55. This may sound attractive but care needs to be taken that the overseas fund does not breach QROPS legislation as you could face punitive UK tax charges. Similarly, you will also need to check the tax position of any overseas fund in your retirement jurisdiction.

Each person’s circumstances are different and while transferring your funds to another jurisdiction may not be suitable for many, QROPS could provide good opportunities for others.

Previously an individual had to be residing in the country to which they wished to transfer their pension fund. As this is no longer necessary, migrants can now transfer their pension to the taxation jurisdiction which offers the most advantageous tax treatment and flexibility for their funds. This is why it is important that you seek specialist advice from someone who is able to advise on both UK pension and QROPS requirements and your overseas tax position. A foreign adviser who has knowledge and experience in providing advice on domestic issues will not be able to offer advice on the full range of possibilities open to UK migrants.

As of February 2010, QNUPS are also in the news. Qualifying Non UK Pension Schemes should also be considered where appropriate.

Whatever your financial intentions, seeking independent financial QROPS and QNUPS advice at the earliest opportunity, from our registered and qualified independent financial QROPS advisors and consultants, before you finalise your migration plans, can help you to a more comfortable retirement overseas. 

Contact us by telephone on +44 (0)1483 202072 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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