23rd April, 2010
QROPS: Five reasons for choosing a Guernsey-based provider
For many UK expats, the transfer of their private or company pension schemes to a Qualifying Recognised Overseas Pension Scheme or QROPS can bring many benefits that would have otherwise been unavailable to them as a UK resident. UK expats are able to have greater control over their money with increased flexibility of investment, avoid the annuity trap and steer clear of exchange rate risk. However, the advantages of transferring your pension funds to a Guernsey-based QROPS are higher still, with many tax-free benefits to enjoy as well as giving you peace of mind in the knowledge that your funds are being cared for by the best in the business. Below is a summary of five key reasons why a Guernsey-based QROPS may bring the benefits your looking for.
1. English Speaking Financial Specialists
Guernsey is well-known for being a leading, well established international finance centre. With such a reputation and its close proximity to the UK, many Independent Financial Advisors find the island an attractive jurisdiction for well-regulated QROPS providers.
As well as being a matured financial centre, Guernsey is also home to an English-speaking workforce. Members and Financial Advisors alike can enjoy the benefits of being able to communicate with a Guernsey based provider easily, as all have English-speaking employees at the end of the phone to help with any queries or requests. Although many QROPS providers world-wide will have members of their workforce who speak English, this may not be their native tongue and as a result errors can occasionally occur when details or requests have been misinterpreted in translation.
2. Independent Governance
Although Guernsey is situated close to the south coast of England, the island enjoys independent governance from the rest of the British Isles. The Channel Islands are also not members of the EU and are therefore not subject to EU legislation. The democratically elected States of Deliberation are the island’s parliament, who are responsible for domestic affairs, its economy and tax regime. There are no political parties on the island, which is why Guernsey has remained politically and economically stable for so long. Hand in hand with Guernsey’s political independence is the island’s full fiscal autonomy. The island is therefore not bound by the rules of HMRC with regards to tax and regulatory matters, which gives investors increased flexibility and tax advantages.
For UK expats wishing to transfer their private and occupational pension plans to a Guernsey based QROPS, they must be aware that HMRC will still have jurisdiction regarding taxation until the individual has been non-UK resident for over five full UK tax years. During this period, if any benefits are taken, individuals will be taxed in accordance with the HMRC rules, as Guernsey-based QROPS providers must comply with HMRC reporting requirements during this time frame. However, after this period has elapsed, UK expats can enjoy taking their pension benefits from a Guernsey-based QROPS tax-free, only expecting to be taxed in their new country of residence on the income received.
It is comforting to know that Guernsey is one of the only jurisdictions that approached HMRC in 2008 to confirm that they were compliant in all areas relating to QROPS, rather than simply waiting for HMRC to come to them. The island’s transparency and drive to be fully compliant ensures that Guernsey is a safe place for offshore investors to do business.
3. Succession Planning
It is a common concern for many that their loved ones will not receive a great deal of their pension fund on their eventual demise. Inheritance tax, as well as other associated taxes, are levied on UK based pension funds to such an extent that surviving widows or children are left with only 0-65% of the fund value. However, there is an option for UK expats choosing a Guernsey-based QROPS to leave 100% of the fund to their nominated beneficiaries, as there is no deduction of inheritance tax. Such an option can bring peace of mind to those who may not possess a life insurance policy or would not otherwise be able to leave sufficient funds for their loved ones on their death.
Another major advantage of being able to leave 100% of your fund to a nominated beneficiary is that the recipient can be anyone of your choosing. For those who do not have spouse or children, there is flexibility in place for them to leave their monies to a close friend or even charity if they so wish to.
4. More flexible rules on how benefits can be taken
It is no surprise that due to the island’s reputation as a stable, mature yet innovative financial centre, Guernsey was one of the first places to develop QROPS pension schemes. For this reason the island has a unique advantage; having the most experience in processing QROPS transfers as well as possessing a well-developed system of rules and regulations governing QROPS and how benefits can be taken.
On the 6th April this year, HMRC increased the age that pension benefits can be taken from age 50 to age 55. However, if an expat has been a non-UK resident for over five complete tax years, some Guernsey-based schemes will continue to allow benefits to be taken from age 50. Also, some schemes offer members the opportunity to borrow 25% of their fund as a loan before they reach retirement age, providing they have been outside the UK for more than five full UK tax years. On reaching retirement age, the member will have the opportunity of paying back the remainder of the loan with their 25% tax free cash entitlement. It must however be noted that not all schemes are able to provide such services, as rules may differ between different QROPS providers on the island. Loans are made on a prudent and commercial basis and are at the trustees discretion.
5. Code of conduct to be implemented later this year
QROPS pension providers in Guernsey are continuing to demonstrate their innovative ability to stay at the top of their game. A new code of conduct is currently being developed by a committee consisting of the island’s own financial regulators (The Guernsey Financial Services Commission), Pension providers, accountants and lawyers, with the aim of driving best practice within the QROPS industry and providing greater protection to offshore pension investors. Once completed, the code of conduct will update the island’s pension regulations by providing a benchmark and stipulating rules for QROPS providers to follow. This will ensure that there is a consistent high level of service provided across the board which will prevent any mis-selling taking place.
The code of conduct is still currently in the discussion stages, although it is hoped that it will be completed and in place by June 2010. When in place, the code of conduct will be voluntary and therefore not enforceable by law. However, it will reflect poorly on those QROPS providers that do not sign-up, and ultimately questions will be asked as to why they are not participating in the scheme. Clients and Financial Advisors who use schemes which abide by the code will be able to enjoy an improved level of service as well as increased ease in transferring assets to schemes on the island. It is planned that the code will be evaluated periodically to make certain that it meets the ever-changing needs of this evolving industry.
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The transferring of UK personal and occupational pensions (if benefits not in payment) to a QROPS is not the right solution for all UK expats. Your current pension policies, future plans and long-term goals should be taken into account before proceeding with such a transfer. All expats considering such a move are advised to speak with a fully qualified and experienced Independent Financial Advisor before making any decisions.
At Expat Pensions we specialise in offshore pension arrangements and investments for UK expats. We were one of the first companies operating in the expat QROPS market and as a result have negotiated preferential rates with certain Guernsey-based QROPS providers. If you have pension funds which are tied up in the UK and are unsure of the best course of action, then take advantage of our free, no obligation Expat Pension Review. Your financial aspirations will be discussed and your current funds analysed to determine the best solution for you, your family and your heirs. Our advisors will be pleased to visit you in the comfort of your own home to discuss the various options available to you. Visit http://www.expatpensions.eu or contact us on the details below.
10th April, 2010