Posts Tagged ‘Australia 6 month rule’

UK Pension Transfer to Australia – Change in FIF Legislation

Tuesday, August 24th, 2010

Further to our previous news item regarding the abolition of the Foreign Investment Fund (FIF) taxation rules in Australia, Global QROPS Ltd have been asked to comment on the effect of the removal of FIF on the advice regarding a UK pension transfer to Australia, by the Financial Times Adviser (please see link below):

http://www.ftadviser.com/FinancialAdviser/Pensions/Personal/News/article/20100812/8d9d855c-a3a5-11df-ae7f-00144f2af8e8/Close-Intl-advice-is-critical-for-Brits-retiring-abroad.jsp

In the majority of cases, for UK pension members seeking to retire in Australia, it would be far more tax advantageous to have their benefits paid from an Australian Superannuation scheme (that has been approved as a QROPS), then have their benefits paid directly from a UK scheme – where any income would be taxed at the individual’s highest marginal rate of tax in Australia (if the individual is a permanent resident of Australia).

The removal of the FIF legislation has not changed the basic premise that a tax free retirement, for a permanent resident of Australia, would be best achieved with a pension transfer to Australia. However, now allowing pension funds outside of Australia to grow free from FIF tax, means that getting the best advice on the correct timing of a potential pension transfer to Australia has never been more important.

Simply holding UK pension funds, because they can grow free from FIF, and transferring them closer to retirement in Australia, may not be the answer. The type of UK pension (ie final salary scheme) the exchange rate, the annual Australian cap on overseas pension transfers in and the tax that applies on transfers into Australia after 6 months of the member’s arrival, are just some of the other main considerations that would form part of the advice as to the timing of a UK pension transfer to Australia.

A UK Final Salary Pension Transfer to Australia – What are the factors?

Saturday, February 6th, 2010

A member of a UK final salary scheme, who is looking at a pension transfer to Australia, would need to understand the benefits that their existing scheme provides before transferring to Australia. In many cases, if an individual UK pension member is confident of remaining in Australia throughout their retirement, a UK pension transfer to Australia would make sense because of the tax free and flexible benefits that an Australia superannuation scheme can provide – even if the existing benefits are in a UK final salary (defined benefit) scheme.

However, as with many other issues with migration to Australia, just because a friend or work colleague in Australia has transferred their final salary scheme to Australia does not mean that you should follow suit. Not all benefits from final salary schemes are calculated the same way for each employer – indeed, even within the scheme the factors determining your retirement benefits can change depending on when membership of the scheme commenced.

The first main factor determining your benefits is the question of what defines a final salary? Final salary or final remuneration can be defined in several different ways. This can be an individual’s last year’s earnings in the year of their retirement or date of leaving employment or the best salary in the last 5 years of employment but more commonly it is an  average of the final 3 years salary when leaving employment.

The next factor is years of service. Again, each scheme can vary in this definition. This can be based on years of service in the scheme. It could also be based on the years of service with the employer (if the member joined the pension scheme at a later date of joining employment). A member would also need to be aware how their scheme defines a ‘year’ of service – are part years counted? Are whole years only counted?

The final main factor is the accrual rate. This is the ‘fraction’ applied to each year of service, for example 1/60ths or 1/80ths, to determine the final pension. Each final salary scheme can apply a different fraction.

Putting this altogether, if an individual retires with a final salary of £90,000 and has worked for 40 years, a scheme with an accrual rate of 1/60th would provide a pension of £60,000 pa (£90,000 x 40/60ths).

The above example is a basic calculation to illustrate – and would not be the calculation used for all final salary schemes – and assessing whether a pension transfer to Australia should occur in these circumstances would largely depend on what the scheme offers as a transfer value.

Global QROPS Ltd advisers have both the experience, and importantly, the permissions from the UK financial services authority (FSA) to provide advice on pension transfers from UK final salary schemes.

How does the QROPS Reporting Period Affect a UK Pension Transfer to Australia?

Saturday, January 23rd, 2010

Anyone approaching retirement and migrating to Australia, who is looking at a UK pension transfer to Australia, would need to consider how flexible the Australian QROPS (Qualifying Recognized Overseas Pension Scheme) is permitted to be during the QROPS reporting period.

Members of a UK pension scheme are allowed to transfer their benefits to an overseas pension scheme at anytime – providing the overseas scheme has been approved by the UK’s HMRC (Her Majesty’s Revenue and Customs) as a QROPS. However, a member of a scheme can not take advantage of the possible flexible pension benefits that the QROPS provides until after Reporting Period.

The Reporting Period is the time period in which the QROPS has to report to HMRC any payments (death benefits, lump sums or income) to the member (or member’s beneficiaries).

How Long is the QROPS Reporting Period?

The QROPS reporting period is 5 complete tax years of the pension member’s overseas residency.

For example, if an individual migrated to Australia on 1st July 2006, then the reporting period would last for the rest of that UK tax year (ending 5th April 2007) and for the 5 following completed UK tax years. Therefore, in this example, the reporting period would finish on 5th April 2012.

This may affect an individual’s retirement planning when considering a pension transfer to Australia (or any other overseas scheme). An individual pension member needs to be aware that their QROPS scheme will follow the same rules as a UK scheme for the reporting period and that they would not get the full flexible benefits from the Australian scheme before then.

UK Lifetime Allowance’s Effect on a Pension Transfer to Australia

Saturday, January 2nd, 2010

For some people that are looking at a pension transfer to Australia – to an Australian scheme approved by the UK’s Her Majesty’s Revenue and Customs (HMRC) as a QROPS – the UK Lifetime Allowance could have a bearing on the advice that they receive.
The UK Lifetime Allowance was introduced on 6th April 2006 (at the same time as QROPS) and basically was a limit set on a UK pension fund, that could receive tax benefits, when the pension either came into payment (through tax free cash, annuity or drawdown) or was transferred overseas. These payment or transfer events were known as Benefit Crystallization Events (BCEs).
The main concern for an individual, who is thinking about a pension transfer to Australia, is the Australian contribution cap limiting funds being transferred into Australia from the ATO (Australian Tax Office) legislation. However, for those individuals that have accumulated the larger pension funds, the UK Lifetime allowance could also pose a tax problem.
The UK Lifetime Allowance was set at £1,500,000 for pension funds in tax year 2006/07 and was to increase each year as follows: £1,600,000 in tax year 2007/08; £1,650,000 in tax year 2008/09; £1,750,000 in tax year 2009/10 and £1,800,000 in tax year 2010/11 and for the 5 immediate tax years thereafter.
For those with funds already in access of the Lifetime Allowance as at 6th April 2006, HMRC allowed those funds to be protected (providing the member applied for the protection) however, for those people that are not eligible for protection, above the lifetime allowance and looking to transfer to Australia and other overseas jurisdictions, UK tax penalties apply to excess of the transferred funds above the Lifetime Allowance for that UK tax year.
For example, if an individual that migrated to Australia, with funds in excess of the UK Lifetime Allowance, completed a pension transfer to Australia of A$450,000 with part of the fund and the rest to other overseas QROPS, any amount over above the allowance would be taxed at 55% (as a lump sum).

Does a UK Pension Transfer to Australia have to happen within 6 Months?

Thursday, October 8th, 2009

Many people, that Global QROPS Ltd’s advisers speak to, are under the impression that a UK pension transfer to Australia has to completed within 6 months of the pension member’s arrival in Australia

Some people are not sure exactly why this is the case. The understanding varies from ‘if I do not complete a UK pension transfer to Australia in 6 months, I can not do it ever’ to ‘if I transfer my pension to Australia after 6 months, Australia will tax 50% of my fund.’

Neither of the above statements is true. The truth is that a UK pension transfer to Australia, completed 6 months after the member’s arrival, can be a bit more complicated but not necessarily detrimental to the member or the fund. Indeed, before you transfer your fund to Australia you should stop to consider if this is the correct thing to do.

Although Australia could impose a tax on any growth that your UK fund may have achieved, from the date of your arrival until the UK pension is transferred to Australia (after 6 months) this may be a small amount compared to the hit you could have taken on the £ to A$ exchange rate or early exit penalties from your UK scheme.

Global QROPS Ltd can offer unbiased, pre-migration advice as to whether a UK pension transfer to Australia is right thing to do, in the first place and, if it is, we can advise when it is the most appropriate time.