QROPS

In order for UK pensions to be transferred to a local Superannuation Fund, the Fund must be QROPS (Qualifying Recognised Overseas Pension Scheme) compliant.

Criteria

There is a set of rules a local Superannuation Fund must adhere to in order to be recognised as a QROPS compliant Fund by the UK government.

If your Australian Superannuation Fund is placed on the QROPS list, there is no additional tax imposed on pension benefits transferred from the UK to Australia. The transferred amount will however be regarded as a non-concessional contribution to the Fund and subject to the non-concessional contribution caps. Due to changes in UK pension law, on 6 April 2015 the UK government removed most Australian Superannuation Funds from the QROPS list because the rules in Australian law provide for access to pension savings before age 55.

If the SMSF is QROPS compliant, the governing rules of the Fund must prohibit the Member from withdrawing the benefits before they are retired and have reached their preservation age. For more information on preservation age, please click on the button below:

Members are also not allowed to have early access to the portion of benefits received from QROPS on compassionate grounds or severe financial hardship grounds.

The conditions under which the Member can access their benefits received from QROPS are subjected to the limitations noted in the SMSF Trust Deed.

Deed Amendment

When Trustees advise us of their intention to transfer benefits from the UK to the SMSF in Australia, we can set up the SMSF in a QROPS compliant manner. A QROPS Deed and Governing Rules will be issued on your request to meet the criteria of a QROPS transferable fund with specific customisation clauses to limit any lump sum drawdowns. Please note, in order to meet the QROPS requirements, the SMSF Members must be aged 55 and over.  If you want to proceed tin setting up a QROPS compliant Fund, please instruct us on the setup page. We have also included an article about recent changes in QROPS.

Recent Changes in QROPS

QROPS Member Balances

If a Fund has received benefits via QROPS, the benefits will be subjected to more stringent conditions of release. In order to account for QROPS benefits received from the UK, we separately identify the QROPS balance in the Member Statement. This is a similar process followed to identify the balance under the First Home Super Savers Scheme.

When the Member has reached preservation age and is retired, they can commence a pension for the QROPS balance through a process similar to the commencement of a normal account based pension.  For more information on commencing a pension, please click on the button below:

 

  • Rod

    Hi. I came across your website as it had a section on QROPS, so I am hoping you may have the experience to help me, or be able to point me in the right direction.

    I worked in Jersey in the Channel Islands for 10 years. This year Jersey has changed it’s laws so that Jersey based pension schemes can be transferred out of Jersey, if the scheme it is being transferred to meets certain requirements. The most difficult of these is the 70% 30% rule with regard to lifetime income and maximum lump sum withdrawal respectively (I’m presuming it would be acceptable that these only relate to the transferred assets rather than the whole scheme).

    Is it feasible/possible to create an SMSF with customised scheme particulars to meet these requirements so that the transfer can go ahead? I’m guessing this is similar to UK QROPs prior to 2017 when they had the same 70/30 rules. There is no ongoing reporting rule for Jersey, as there is to HRM for QROPS. So subsequent management of the scheme would be the same as a regular Australian SMSF in terms of reporting requirements.

    Looking forward to your reply.

    Thanks

    • Hein Preller

      Rod,

      When setting up an SMSF, just let us know about the requirements and we will ensure the relevant clauses are added into the SMSF Deed.

      When we set up a QROPS Fund we usually use a Deed from an external provider. The provider used is NowInfinity. If the clause is not sufficient, we can edit or add a clause as required to ensure the SMSF is compliant with the requirements as noted. It would be good if you can get the sample wording, we will then ensure this is included.

      Remember it is then your responsibility to pass on the Deed to the Jersey Fund as part of the roll over process.

      Keep well,

      • Rod

        Thanks

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