A Recognised Overseas Pension Scheme (ROPS) is an overseas pension plan that meets certain HMRC requirements. ROPS can receive transfers from most UK private pension schemes without incurring UK unauthorised payment charges.
To qualify as a ROPS, the overseas pension scheme must follow UK pension rules for members who have been UK tax residents in the past five years. After being a non-UK tax resident for at least five years, the ROPS becomes subject to regulations in the jurisdiction where it’s based. Consequently, members can access funds with fewer restrictions compared to UK pension rules.
ROPS Transfer Considerations
Those leaving the UK with a UK pension have two main options:
- Retain the UK pension
- Transfer into a ROPS
ROPS transfers allow people to access retirement funds offshore and avoid future UK taxation. However, not all pension transfers qualify for ROPS status.
ROPS Eligibility
Common ROPS candidates include:
- UK residents emigrating overseas
- Expatriates returning home after working temporarily in the UK
- Overseas individuals retiring abroad
The ROPS does not need to be based on where the member resides, providing location flexibility. HMRC approves ROPS status, and a list of compliant schemes is on their website.
Overseas Transfer Charges
An overseas transfer charge applies to certain ROPS transfers to deter tax avoidance. You pay 25% of the transfer value beforehand if:
- Transferring to a ROPS where you don’t reside and are not an EEA tax resident
- Transferring to a non-EEA ROPS while EEA tax resident
- Insufficient information was provided before the transfer
- Circumstances change within five years, i.e. you become a UK tax resident
The ROPS scheme manager deducts the charge from funds before the transfer. Additional payments may apply based on yearly UK tax assessments.
Transfers Not Charged
Transfers aren’t charged if:
- Transferring to an EEA ROPS as an EEA tax resident
- Transferring to a ROPS in your country of residence
ROPS Investments
A ROPS structures pensions into three layers:
- The ROPS framework
- An offshore investment platform
- The underlying investment assets
The platform often utilises offshore investment bonds holding assets like mutual funds, ETFs, stocks, etc. Your risk profile determines appropriate investments.
ROPS Benefits
ROPS benefits include:
- Avoiding UK pension income tax
- Exemption from the UK lifetime allowance charge
- Simplified inheritance and estate planning
- Multi-currency payment options
- Wider investment and fund choice
- Potential enhanced creditor protection
- Accessing a 30% tax-free cash lump sum after five years of non-UK tax residency
ROPS Risks
The main ROPS risk relates to miss-selling from offshore advisors taking commissions without considering suitability. They may pressure people to transfer without fully explaining high underlying fees or exit penalties.
Always get qualified second opinions before committing to any ROPS transfer or investments.