05 October 2019

By Thomas Marron
06 14 24 61 29
thomas.marron@blevinsfranks.com

If you have chosen to retire in France, take steps now to review your pension options before Brexit potentially changes the rules.

With still no certainty on the timing and form of Brexit – be it hard, soft, no-deal or even no Brexit at all – it is difficult for expatriates to plan accordingly. We are often asked, for instance, what will happen to UK pension rules for expatriates after Brexit, but the reality is that no-one, not even the UK government, knows for sure.

However, when it comes to rules for expatriate pension transfers, it is likely that things may change. So if you are already retired or planning to retire in France, take steps now to review your pension options under current rules.

The option to transfer overseas

Many expatriates have chosen to transfer their UK pensions to a Qualifying Recognised Overseas Pension Scheme (QROPS). Since QROPS’ introduction in 2006, over £11.4 billion was sent through 128,100 transfers up to April 2019 – £640 million in the past year alone.

Transferring to a QROPS can consolidate several UK pensions under one tax-efficient roof suited to your country of residence and unlock other benefits. Funds are sheltered from UK taxation on income and gains, and immune to future changes to pension rules.

Usually, a QROPS provides greater investment diversification compared to UK pension schemes and more freedom to vary income. Many also offer multi-currency flexibility, letting you hold and draw your funds in your currency of choice.

Meanwhile, as UK pension payments are usually made in sterling, the income remains sensitive to volatile exchange rates during these uncertain times. And, while most UK pensions are payable only to your spouse on death, a QROPS allows you to include other heirs in estate planning.

Taxation of QROPS transfers

Currently, most expatriates in the EU can transfer to a QROPS completely tax-free, but there are two key situations in which tax is payable.

First, if your combined UK pension benefits exceed the UK’s lifetime allowance – currently £1.055 million – you would face a 25% tax penalty on anything transferred over the limit, even if you are non-UK resident. Once in a QROPS, your funds would never be subject to LTA charges – or indeed any UK taxes – again.

The second taxable scenario is if you transfer to a QROPS based outside the EU/EEA (European Economic Area). In this case (unless you live in the same jurisdiction as the QROPS), the UK would apply a 25% ‘overseas tax charge’ on the whole amount transferred.

Expatriates in France can escape this tax by transferring to a QROPS based here or in another EEA area, such as Malta. However, this may change with Brexit.

A closing tax-free window?

As Brexit eliminates Britain’s current EU commitments – including freedom of movement for capital – the Treasury gains more scope to recoup revenue from UK nationals abroad. Many speculate this will prompt the UK government to impose widespread penalties on pension transfers, even within the EU.

The UK government has offered reassurance that expatriates will keep the right to make overseas transfers, whatever happens with Brexit – but has stopped short of making any tax promises. Last year, economic secretary to the Treasury, John Glen, confirmed that tax-free exemptions would be “dependent upon the terms of future exit agreement between the UK Government and the EU”.
What you need to consider

Without a guarantee that tax-free transfers will continue, it is sensible for anyone considering transferring to act sooner rather than later. Timing is especially important here as the administrative process for pension transfers can take several months to complete.

However, it cannot be overemphasised that transferring is not appropriate for everyone. Also, all QROPS are not the same – there are differences between providers and jurisdictions that can affect the benefits. Alternative investment structures could offer expatriates in France comparable benefits to QROPS, so take personalised, regulated advice to establish the most suitable approach for you.

Pensions are likely to play an important part in your long-term financial security, so it is crucial that you only use a fully authorised and regulated provider. An alarming number of people have lost retirement savings through pension scams or by reinvesting in failed, unregulated investments that offer no protection. Your adviser should take into account your unique circumstances, income requirements, goals and tolerance for risk – as well as the cross-border tax implications – to establish the right solution for you and your family.

Even if transferring is not right for you, with so much uncertainty ahead, now is the time to review your pension arrangements so you can secure the retirement of your choice in France, whatever happens with Brexit.