Hogan Lovells

Key Dates

Draft regulations issued on 12 November 2018.

Consultation ends on 7 December 2018.

The draft Pension Schemes (Information Requirements – Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) (Amendment) Regulations 2018.

The draft Pension Schemes (Information Requirements – Repayment of Overseas Transfer Charge) Regulations 2019.

Both sets of regulations are expected to have effect from 24 April 2019.


Summary

HMRC has issued draft regulations to set out the conditions and process for claiming repayment of the overseas transfer charge, where the charge was paid in error or a change in the individual's circumstances means that the original transfer was exempt from the charge.

A second set of regulations amends the information requirements in line with the provisions of the draft repayment regulations.

Background

With effect from 9 March 2017, a 25% overseas transfer charge is payable on a transfer from a UK pension scheme to a qualifying recognised overseas scheme (QROPS), unless certain conditions apply. The charge may be repaid if the individual's circumstances change within five years of the transfer so that the charge would not have been payable.



Date Accessed: 03/12/2021