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HMRC internal manual

Pensions Tax Manual

Transfers: Transfers to a QROPS: Scheme administrator actions – after the transfer

Glossary PTM000001
   

Transfer report to HMRC – the APSS 262
Report and pay any tax due on the transfer to HMRC
Transfer reports to the member
Transfer reports to the QROPS scheme manager

Transfer report to HMRC – APSS 262 {#}

Regulation 3 The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

The scheme administrator must report the transfer to HMRC using form APSS 262 which is available from Gov.UK.

The report must be made within 60 days of the transfer.  However if the scheme administrator applies for repayment of the overseas transfer charge (see PTM102600) before this point the scheme administrator must report the transfer at the same time as applying for the repayment.

The APSS 262 should be signed by the scheme administrator, but where this causes an administrative burden (for example, 50 forms are being submitted at the same time), a covering letter can instead accompany the forms. This covering letter must be signed by the scheme administrator and list the names of those members the forms and transfers relate to.

If the APSS 262 isn’t delivered on time, or the information provided is not correct, the scheme administrator may be liable to penalties under section 98 Taxes Management Act 1970 - see PTM160800.

The APSS 262 requires the scheme administrator to confirm that they have checked the information and prescribed acknowledgement provided by the transferring member (see ‘Information required by regulations on transfer from a registered pension scheme’ at PTM102900).

The APSS 262 also requires the scheme administrator to give HMRC the following information:

About the member

  • Name and date of birth;
  • National Insurance number or, where applicable, written confirmation that the member does not qualify for a National Insurance number;
  • Principal residential address and, if that address is not in the United Kingdom, the member’s last principal residential address in the UK;
  • If the member is no longer UK resident, the date they ceased to be resident in the UK (not required for transfers requested before 12 August 2013); and
  • The telephone number, if any, which the member provided for use by the scheme administrator or HMRC in relation to the scheme.

About the transfer

  • The date of the transfer;
  • The amount of the transfer;
  • A description and valuation of each type of asset(s) transferred, including a valuation of any unquoted shares, quoted shares and real property.
  • Whether or not the transfer is subject to the overseas transfer charge (see PTM102200)
  • If the transfer is not subject to the overseas transfer charge, the reason why it is excluded from the charge (see PTM102300)
  • If the transfer is subject to the overseas transfer charge, the ‘transferred value’ (see PTM102500) and the amount of tax deducted from the transfer before sums and assets were transferred to the QROPS.

About the QROPS

  • The name and address of the QROPS to which the transfer has been made;
  • The reference number given to the QROPS by HMRC when it acknowledged the scheme manager’s notification that the scheme meets the conditions to be a recognised overseas pension scheme
  • The country or territory under the law of which the QROPS is established and regulated; and
  • The QROPS scheme manager’s name, address, business telephone number and, where available, email address.

Report and pay any tax due on the transfer to HMRC

Section 254 Finance Act 2004

Regulations 4 and 5 the Registered Pension Schemes (Accounting and Assessment) Regulations 2005 – SI 2005/3454

Where the lifetime allowance charge and/or the overseas transfer charge arises on the transfer this must be reported to HMRC using the Accounting for Tax return (AFT).  Guidance on the information to be included on the AFT about these tax charges is at PTM162200.

The payment due date for these tax charges is 45 days after the end of the relevant quarter (see PTM162300).  If the tax is not paid when due HMRC should issue an assessment to the scheme administrator for the unpaid tax.  Interest and penalties are also due if tax is paid late – see PTM162300.

Transfer reports to the member

Following the transfer to a QROPS the scheme administrator must give information to the member about the lifetime allowance and the overseas transfer charge.

Information about the lifetime allowance

Regulations 12 and 14 The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

As the transfer is a benefit crystallisation event the scheme administrator must give the member a BCE statement in accordance with guidance at PTM164400 to tell them how much lifetime Allowance has been used up by the BCE 8 on transfer.

If a lifetime allowance charge arises as a result of the transfer the scheme administrator must:

  • tell the member about this in accordance with the guidance at PTM164300 and,
  • report and pay the tax due to HMRC via an Accounting for Tax return (see PTM162000).

Information about the overseas transfer charge

Regulation 12A(1) and (2) The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

Whether or not a transfer to a QROPS is subject to the overseas transfer charge (see PTM102200), within 90 days of the transfer the scheme administrator must give the member a notice providing details of the transfer and liability to the overseas transfer charge.

If the overseas transfer charge applied to the transfer, the notice must contain the following information:

  • the date of the transfer
  • the fact that the transfer was chargeable to tax
  • the ‘transferred value’ for the transfer– see PTM102500 for how to identify the ‘transferred value’
  • the amount of the resulting tax charge
  • whether, or to what extent, the scheme administrator has accounted for the tax to HMRC or intends to do so, and
  • if the scheme administrator has already accounted for tax to HMRC, the date they did so.

If the overseas transfer charge did not apply to the transfer, the notice must contain the following information:

  • the date of the transfer
  • the fact that the transfer was not chargeable to tax
  • under which exclusion condition the transfer was excluded from being chargeable (see PTM102300 for more information), and
  • if the transfer was not chargeable either because the member and scheme are in the same country, or because the member and the scheme are both in countries within the EEA, how the transfer may become chargeable if the member changes residence within the relevant period (see PTM102400) for the transfer.

Information about repayment of the overseas transfer charge

Regulation 12A(3) The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

If the overseas transfer charge is repaid to the scheme administrator (see PTM102600) they must tell the member about this within 90 days of the date that HMRC repays the tax.

The scheme administrator must tell the member:

  • the date of the repayment
  • the amount  that was repaid, and
  • the reason why the tax charge was repaid.

Post transfer reports to the QROPS scheme manager

Following the transfer the scheme administrator must give the QROPS scheme manager certain information.  This relates mainly to the application of the overseas transfer charge. The scheme manager needs this information to enable them to meet their duty to provide information should those funds be transferred on.

Give the scheme manager a transfer statement

Regulation 14CZA(1) to (3) The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

The scheme administrator must give the QROPS scheme manager a statement providing details of the transfer and liability to the overseas transfer charge within 31 days of the transfer.  The statement must tell the scheme manager:

  • whether or not the transfer was subject to the overseas transfer charge
  • if the transfer was chargeable, the amount of the tax charge
  • if the transfer was not subject to the overseas transfer charge, the reason why the transfer was excluded from the tax charge.

Member has flexibly accessed their pension rights

Regulations 14ZC The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

If the scheme administrator has reason to believe that the member has flexibly accessed their pension rights before the transfer they must tell the QROPS scheme manager about this. PTM166700 provides guidance about this requirement.

PTM056520 provides guidance about when a member flexibly accesses their pension rights. Even if the transfer is made up of uncrystallised rights a scheme administrator may have reason to believe that the member has flexibly accessed their pension rights.

Report repayment of the overseas transfer charge

Regulation 14CZA(4) to (6) The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567

If the overseas transfer charge is repaid to the scheme administrator (see PTM102600) they must tell the relevant QROPS scheme manager about this within 31 days of the date that HMRC repays the tax.

The scheme administrator must give the QROPS scheme manager:

  • a copy of the transfer statement that was provided to the scheme manager at the time of the transfer (see the section ‘Give the scheme manager a transfer statement’ above) 
  • a statement that the original transfer statement is inaccurate and that HMRC has repaid the overseas transfer charge to the scheme administrator
  • the reason why the transfer is excluded from the overseas transfer charge.