Overseas transfer charge

Transcription

1 ADVISER FACTSHEET Tech Talk April 2017 Overseas transfer charge The introduction of the overseas transfer charge was announced in the recent Spring Budget. From 9 March 2017 transfers to qualifying recognised overseas pension schemes (QROPS) are subject to the charge, unless the transfer is excluded from it. Contents Overseas transfer charge (on certain transfers) Overseas transfer charge (post transfer) Calculating the overseas transfer charge Repayment of overseas transfer charge Comment For professional advisers only

2 Scheme administrators of registered pension schemes and scheme managers of QROPS (or former QROPS) are jointly and severally liable to the tax, along with the individual making the transfer. Legislation giving effect to the charge is contained within the Finance (No. 2) Bill 2016/17 and what follows is a summary of: circumstances in which the charge arises Much of this Tech Talk s content is derived from guidance issued by HMRC in conjunction with the legislation. The HMRC guidance is more comprehensive than this Tech Talk in that it also covers; how to pay the charge, the information regime supporting the charge and the changes to the QROPS regime as a result of the introduction of the charge. The HMRC guidance can be found here calculating the charge circumstances in which the charge is repaid Overseas transfer charge (on certain transfers) The overseas transfer charge applies to certain transfers from a: registered pension scheme to a QROPS QROPS (or former QROPS) to another QROPS The overseas transfer charge does not apply to transfers that the member requested before 9 March 2017 or to funds derived from such transfers. This includes the transfer of all pension rights including pension credit rights received from a pension sharing order following a divorce and all pensions in payment. The term pensions in payment includes all pensions in payment to members as well as where the individual has become entitled to any rights as a beneficiary. Where a transfer was not liable to the overseas transfer charge when it was made, the tax charge can still become due after the transfer where there is a change of circumstances (see below). Conversely, where the overseas transfer charge was paid on a transfer, a change in the member s circumstances in the relevant period (see below) following the transfer may mean the tax charge can be reclaimed from HMRC. Transfers from registered pension schemes The overseas transfer charge arises on all recognised transfers from registered pension schemes to QROPS that were requested on or after 9 March 2017 if: the member has not provided the scheme administrator with all the required prescribed information before the transfer is made, or none of the following five conditions is met: 1. the member is resident in the same country in which the QROPS receiving the transfer is established 2. the member is resident in a country within the European Economic Area (EEA) and the QROPS is established in a country within the EEA 3. 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 4. the QROPS is an overseas public service pension scheme and the member s employer participates in the scheme 5. the QROPS is an occupational pension scheme and the member is an employee of a sponsoring employer under the scheme. Transfers from registered pension schemes that are not recognised transfers will be subject to the unauthorised payments charge (and scheme sanction charge where appropriate). The overseas transfer charge will not arise on these transfers. Transfers from QROPS or formers QROPS A transfer from a QROPS or former QROPS is only liable to the overseas transfer charge if it is an onward transfer in respect of an original transfer and that onward transfer is made to a QROPS in the relevant period. 2

3 An original transfer is either: a recognised transfer from a registered pension scheme to a QROPS, or a transfer of all or part of a member s UK taxrelieved pension fund to a QROPS A UK tax-relieved fund under a relevant non- UK pension scheme is part of the scheme that represents: any UK tax-relieved contributions paid in respect of the member after 5 April 2006 that have received migrant member relief transitional corresponding relief, or relief under a double taxation agreement, and any provision made under the scheme in relation to the member after 5 April 2006 that is tax exempt by virtue of section 307 Income Tax (Earnings and Pensions) Act The relevant period is a period counted from the date of the original transfer, being: where the transfer is made on 6 April, five years from that date, or where the transfer is made on any other date, the period from that date until the next 5 April plus a further five years from 6 April. For example, if the transfer is made on 13 June 2017, the relevant period runs until 5 April 2023 (13 June April 2018 plus 6 April April 2023). Any onward transfer made after the relevant period has expired cannot be liable to the overseas transfer charge. An onward transfer made in the relevant period will be liable to the overseas transfer charge, in the same circumstances (see above) as if the transfer were a recognised transfer to a QROPS. Where a transfer includes pre 9 March 2017 funds, that part of the transfer that relates to pre 9 March 2017 funds is not liable to the overseas transfer charge. Pre 9 March 2017 funds are funds that derive from a transfer from a registered pension scheme, requested before 9 March This protection from the overseas transfer charge ceases when the funds are transferred back to a registered pension scheme. Where a transfer includes an onward transfer that has previously been charged to the overseas transfer charge, and where the charge has not become repayable, that part of the transfer will not be liable to the overseas transfer charge. Transferred funds are also only subject to the charge to the extent that they are referable to the member s ring-fenced transfer fund. Ring-fenced transfer funds comprise: funds transferred to the scheme under a relevant transfer from a registered pension scheme on or after 9 March 2017 funds transferred to the scheme on or after 9 March 2017 under a relevant transfer of the whole or part of the UK-tax relieved funds of a relieved member of a QROPS funds transferred to the scheme on or after 6 April 2017 under a relevant transfer of UK-tax relieved funds of a relieved member of a relevant non-uk scheme that is not a QROPS 3

4 Overseas transfer charge (post transfer) Where a transfer meets one of the conditions and so is not subject to the overseas transfer charge at the time of the transfer, it may become chargeable later (post transfer). This will occur if the conditions which were met to make the transfer tax-free cease to be met within a specified timeframe. If a transfer is not liable to the overseas transfer charge because when the transfer is made: the member is resident in the same country in which the QROPS receiving the transfer is established, or the member is resident in a country within the European Economic Area (EEA) and the QROPS is established in a country within the EEA. but after the transfer circumstances change so that neither of these conditions is met, the charge then arises. This only applies if the change of circumstances takes place within the relevant period from the date of the original transfer to the QROPS. Calculating the overseas transfer charge The overseas transfer charge is 25% of the transferred value where it arises on a transfer. Where the overseas transfer charge arises on a transfer from a registered pension scheme, the transferred value is the total amount of the sums and value of assets transferred after the deduction of any lifetime allowance charge due (where BCE 8 applies and a lifetime allowance charge actually arises) on the transfer. If the registered pension scheme is established outside the UK, the transferred value is restricted to the amount of any sums and the value of any assets transferred that are attributable to the UKrelieved funds held in the scheme. Where the overseas transfer charge arises on a transfer from a QROPS or former QROPS to another QROPS, the transferred value is restricted to the amount of any sums and the value of any assets transferred that are attributable to the member s ring-fenced transfer funds (see above) under the scheme. Where the overseas transfer charge arises on a post transfer event, the 25% tax charge is applied to the member s remaining ring-fenced transfer funds in the scheme at the time of that event. Therefore, any benefits taken under the scheme before the event would be excluded from the calculation. by deducting the tax due from the funds being transferred, or by deducting the tax due from the member s other accrued rights in the scheme, aside from the funds being transferred Where the overseas transfer charge is to be deducted from the funds being transferred, the calculation of the transferred value ignores any such deduction. However, where the charge is paid from the member s other rights under the scheme (other than the funds being transferred) the funds being transferred must be grossed up at 25%, so: Transferred value = Amount actually transferred/0.75 This ensures that the charge is not altered by how it is financed. In the same way, if the overseas transfer charge is paid by the member (or for the member) from other funds not held in the scheme then the transferred value is the amount actually transferred. If the charge arises on a post transfer event (see above) there is no adjustment for financing methods. The transferred value for the purposes of the overseas transfer charge is adjusted if the scheme administrator of the registered pension scheme, or the scheme manager of the QROPS or former QROPS pay the tax charge and the payment is financed either: 4

5 EXAMPLE In September 2017 Olive, aged 54, transfers her uncrystallised rights under a registered pension scheme to a QROPS. The transfer triggers a BCE 8 and the circumstances are such that an overseas transfer charge applies to the transfer. The amount crystallised under BCE 8 is 900,000 (the value of the rights being transferred) and immediately before the BCE Olive has 800,000 of her lifetime allowance remaining. Lifetime allowance charge = 25% of 100,000 = 25,000 Overseas transfer charge = 25% of ( 900,000 25,000) = 218,750 Amount transferred to QROPS = 656,250 Repayment of overseas transfer charge If circumstances change so that a transfer that was chargeable to the overseas transfer charge would have not been chargeable had the new circumstances existed at the time of the transfer, a repayment can be claimed regardless of whether the change of circumstances takes place after the original transfer or after any onward transfers. This only applies if the change of circumstances takes place within the relevant period from the original transfer to the QROPS. Repayments can also be made where the charge was deducted and paid in error. Any amounts repaid will not be more than the amount paid. For example, if 25,000 was meant to have been paid and only 20,000 was actually paid, HMRC will only repay the 20,000. Also, if when the original payment was made, it was late and penalties and/or interest were also paid, the repayment can only be the amount of the overseas transfer charge actually paid and no penalties and/ or interest will be repaid. Any repayments are not, and cannot be treated as, contributions to a registered pension scheme. Where an amount is repaid to the scheme administrator of a registered pension scheme, and there is a recognised transfer from that scheme to a QROPS of some or all of that amount, that transfer is not a benefit crystallisation event 8. 5

6 Comment Another obstacle is being placed in the path of those that market and use the QROPS regime as a way of gaining an unfair tax advantage on pension savings that have had UK tax relief. While this might alleviate Government anxieties in this area it introduces yet more legislation for advisers, their clients and scheme administrators to consider. Further information John Dunn Pension Specialist Technical Support Unit Visit the Technical Hub for further information: Please note that every care has been taken to ensure that the information provided in this article is correct and in accordance with our understanding of current law and HM Revenue & Customs practice. You should note however, that James Hay Partnership cannot take upon itself the role of an individual taxation adviser and independent confirmation should be obtained before acting or refraining from acting upon the information given. The law and HM Revenue & Customs practice are subject to change. The tax treatment depends on the individual circumstances of each client. James Hay Partnership is the trading name of James Hay Insurance Company Limited (JHIC) (registered in Jersey number 77318); IPS Pensions Limited (IPS) (registered in England number ); James Hay Administration Company Limited (JHAC) (registered in England number ); James Hay Pension Trustees Limited (JHPT) (registered in England number ); James Hay Wrap Managers Limited (JHWM) (registered in England number ); James Hay Wrap Nominee Company Limited (JHWNC) (registered in England number ); PAL Trustees Limited (PAL) (registered in England number ); Santhouse Pensioneer Trustee Company Limited (SPTCL) (registered in England number ); Sarum Trustees Limited (SarumTL) (registered in England number ); Sealgrove Trustees Limited (STL) (registered in England number ); The IPS Partnership Plc (IPS Plc) (registered in England number ); Union Pension Trustees Limited (UPT) (registered in England number ) and Union Pensions Trustees (London) Limited (UPTL) (registered in England number ). JHIC has its registered office at 3rd Floor, 37 Esplanade, St Helier, Jersey, JE2 3QA. IPS, JHAC, JHPT, JHWM, JHWNC, SPTCL, SarumTL and IPS Plc have their registered office at Trinity House, Buckingway Business Park, Anderson Road, Swavesey, Cambs CB24 4UQ. PAL, STL, UPT and UPTL have their registered office at Dunn s House, St Paul s Road, Salisbury, SP2 7BF. JHIC is regulated by the Jersey Financial Services Commission and JHAC, JHWM, IPS and IPS Plc are authorised and regulated by the Financial Conduct Authority. The provision of Small Self Administered Schemes (SSAS) and trustee and/or administration services for SSAS are not regulated by the FCA. Therefore, IPS and IPS Plc are not regulated by the FCA in relation to these schemes or services.(01/14) JHSTT 01 APR17 LD 6