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Posted Thu, 24 Oct 2024 03:23:25 GMT by Stephen Smith
Hi there I have been resident in Australia since 2008,moving from the UK and intend to remain in Australia permanently. I transfered a UK Pension to an Australian QROPS Superannuation Fund in 2022. I turn 60 in November 2024 and have retired, meaning I will have reached my Preservation Age in Australia and will be eligible to access my Superannuation Funds tax-free. Please can you advise whether: 1. I can roll-over my QROPS fund in to another Australian non-QROPS Fund without incurring any UK Tax or penalties? 2. I can withdraw from my QROPS fund without incurring any UK Tax or penalties? Thank you for your help with this. Steve
Posted Wed, 30 Oct 2024 18:17:52 GMT by HMRC Admin 20 Response
Hi,
Since 6 April 2017, you need to have been resident outside the UK for 10 consecutive tax years before you can access a QROPS pension (before April 2017, the requirement was five consecutive tax years).
However, even if you satisfy the 10-year rule, you may still fall under UK tax rules if you withdraw from a QROPS within five years of switching from a UK-based pension.
You would need to check with the pension company re any roll over.
Thank you.
Posted Wed, 18 Dec 2024 02:25:31 GMT by Horatio3000 Palmer
Can I ask why there would be UK tax implications for withdrawing from a QROPS when the individual has satisfied the conditions of release under Australian superannuation rules? If the individual was in the UK, they would be able to access the entire pot via UFPLS (retired or not). Why would they therefore be penalised for effectively doing the same thing in Australia within 5 years of a switch from a UK-based pension? Are you saying nobody is ever allowed to access a QROPS within 5 years of switching from a UK-based pension regardless of their age, how long they've been a foreign resident or the rules of the country they now live in?
Posted Mon, 30 Dec 2024 10:12:56 GMT by HMRC Admin 32 Response
Hi,
If you transfer your pension from the UK, where you would have received tax relief on your pension payments to an qualifying recognised overseas pension scheme, then that transfer may be taxed if the QROP rules are not met.  
Please have a look at the guidance at:
Overseas pensions: pension transfers
Thank you.

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