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Qualifying non-UK pension scheme meaning

What does Qualifying non-UK pension scheme mean?
In practice, a qualifying non-UK pension scheme (QNUPS) is an overseas pension arrangement that meets HMRC’s statutory conditions so that, for UK inheritance tax (IHT) purposes, pension rights and funds held in it are broadly outside the member’s estate and treated similarly to a UK-registered pension. The term is defined in The Inheritance Tax (Qualifying Non‑UK Pension Schemes) Regulations 2010 (SI 2010/51), read with the Finance Act 2004 definition of an “overseas pension scheme”. Key legal features include that the scheme is established outside the UK, provides genuine retirement benefits, is recognised for tax or regulated in its home jurisdiction, and does not pay benefits before the UK normal minimum pension age (subject to ill‑health rules). From 6 April 2010, UK‑resident, UK‑domiciled and expatriate individuals have been able to contribute to, or transfer non‑UK pension assets into, a QNUPS. A QNUPS is distinct from a qualifying recognised overseas pension scheme (QROPS): QROPS status is required for tax‑advantaged transfers from UK‑registered pension schemes, whereas QNUPS status concerns IHT treatment of overseas pensions. Across England & Wales, Scotland and Northern Ireland, treatment is consistent (IHT is UK‑wide). In Ireland, “QNUPS” has no statutory meaning and is encountered mainly in cross‑border matters involving UK IHT.
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CHECKLISTS
Automatic enrolment into workplace pensions: employer checklist on staging dates, postponement, eligible jobholders and qualifying schemes

The auto-enrolment duty Since 1 October 2012, at their staging date employers must auto‑enrol eligible jobholders into a qualifying pension scheme, allow opt‑outs, pay minimum contributions, and re‑enrol every three years. They also had to identify their staging date, workers, and scheme. Identifying the staging date PAYE 120,000+: from 1 October 2012. Under 120,000: 1 Nov 2012 to 1 Apr 2017. PAYE first payable Apr 2012–Sep 2017: 1 May 2017 to 1 Feb 2018. On/after 1 Oct 2017: first worker’s start date. DB or hybrid schemes could defer to 1 Oct 2017. Staging could be moved, and auto‑enrolment postponed up to three months. Who needs to be enrolled automatically? Eligible jobholders work (or ordinarily work) in Great Britain under a worker’s contract, are 22 to under State Pension age, and have qualifying earnings above the earnings trigger. What type of pension scheme can be used? ...

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CHECKLISTS
UK State Pension rates and earnings cap: historical figures by tax year 1989/90 to 2026/27 (pre-2016 basic and post-2016 single-tier)

The single tier State Pension (on and from 6 April 2016) On 6 April 2016, the Basic State Pension was overhauled and replaced by a single-tier, flat-rate pension, merging the Basic State Pension with the Second State Pension. From that date, men and women alike must have 35 qualifying years of National Insurance contributions to receive the full flat-rate amount. Marital status makes no difference to the level paid. Tax year Amount (per week) 2026/2027 £241.30 2025/2026 £230.25 2024/2025 £221.20 2023/2024 £203.85 2022/2023 £185.15 2021/2022 £179.60 2020/2021 £175.20 2019/2020 £168.60 2018/2019 £164.35 2017/2018 £159.55 2016/2017 £155.65 The Basic State Pension (before 6 April 2016) Before 6 April 2016, the Basic State Pension comprised the Basic State Pension and the Second State Pension. There was a third, minor, component known as the graduated pension that depended on graduated National Insurance contributions paid by employees while the graduated scheme ran from 1961 to...

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NEWS
UK judicial pensions consultation outcome: JPS22 cost control mechanism, technical amendments, FPJPS deadline extensions, changes to added benefits schemes, and addition of eligible offices

Background The Fee-Paid Judicial Pension Scheme (‘FPJPS’) was introduced in 2017, arising from the ruling in O’Brien v Ministry of Justice [2013] UKSC 6. It broadly replicated the pension arrangements for salaried judges under the Judicial Pensions and Retirement Act 1993 (‘JUPRA’) but, at launch, only awarded benefits for qualifying service from 7 April 2000 onwards. Following O’Brien v Ministry of Justice (Case C-432/17), FPJPS was revised to extend benefits to eligible service prior to 7 April 2000. The changes also allowed qualifying members to have benefits assessed under the Judicial Pensions Act 1981 (‘JPA81’), whose provisions covered certain salaried judges with service before 31 March 1995. The Judicial Pension Scheme 2015 (‘JPS15’), covering both salaried and fee-paid judges, began in 2015. In 2022, in response to concerns about recruiting and retaining judges, the Judicial Pension Scheme 2022 (‘JPS22’) came into force. It re-introduced tax-unregistered status (previously applying to JUPRA and FPJPS, but not JPS15) and offered a higher benefit accrual rate. The day before JPS22 started, all...

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NEWS
UK Private Client: case law, probate and trusts, Court of Protection, vulnerable clients, tax/HMRC and devolved nations updates—12 September 2024

In this issue: Probate Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate HMRC updates schedule IHT430 HMRC has issued a revised IHT430 schedule, used when claiming or choosing not to apply the reduced rate of inheritance tax where at least 10% of an estate is left to charity. The section on qualifying charities has been amended following legislative changes, meaning gifts to EU charities no longer secure IHT exemption. See: LNB News 10/09/2024 40. Source: Inheritance Tax: reduced rate of Inheritance Tax (IHT430)—GOV.UK (www.gov.uk). Trusts...

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NEWS
UK Tax Weekly: Autumn Budget 2024 measures, Corporate Tax Roadmap, HMRC updates, and notable VAT, SDLT, CGT, NICs and litigation developments

In this issue Budgets and Finance Bills Business structures VAT Taxes management and litigation Real estate taxes Anti-avoidance Employment Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Autumn Budget 2024 On Wednesday 30 October 2024, Chancellor of the Exchequer Rachel Reeves presented Labour’s first Budget in 14 years, the inaugural Budget delivered by a woman. Headline measures included: Employer National Insurance contributions rising from 13.8% to 15% from 6 April 2025, alongside a cut to the secondary threshold to £5,000 per annum. Capital gains tax on carried interest increasing to 32% from 6 April 2025, with a reworked carried interest regime to be brought within the income tax framework from 6 April 2026. CGT rates for disposals qualifying for business asset disposal relief and investors’ relief moving to 14% for disposals on or after 6 April 2025, and to...

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PRACTICE NOTES
Operating Schemes During PPF Assessment Periods: Benefit Payments, Statutory Restrictions, Penalties, Section 75 Debts, Admissible Rules, Normal Pension Age and Money Purchase Benefits

What is an assessment period? When a qualifying insolvency event affects the sponsoring employer of an eligible scheme, the scheme moves into a Pension Protection Fund (PPF) assessment period as a result of that event. This arises on the occurrence of that event. The day on which that period starts is known as the ‘assessment date’ for the scheme. Since 3 January 2012, the assessment period is no longer required to last for at least 12 months. Throughout the assessment period, the PPF considers whether the scheme satisfies the requirements for entry into the PPF. In particular, the PPF will appoint an actuary to carry out a valuation of the scheme as at the assessment date, in order to determine whether the scheme’s assets are less than the protected liabilities—broadly, the benefits the PPF would pay to members if the scheme were to enter the PPF...

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PRACTICE NOTES
UK State Pensions: Basic, SERPS/S2P, Graduated and New State Pension: SPA changes, entitlement, qualifying years, NI credits, contracting-out, deferral, overseas uprating and Brexit

Brexit impact The UK ceased to be an EU Member State on exit day, 31 January 2020. Under the Withdrawal Agreement, the state pension and benefit rights of UK nationals residing in the EU, European Economic Area (EEA) or Switzerland are protected. See: Benefits and pensions for UK nationals in the EU, EEA or Switzerland. Likewise, information on the entitlements of EEA and Swiss citizens to UK benefits and state pensions is set out at: Benefits and pensions for EEA and Swiss citizens in the UK. State pensions A state retirement pension depends on an individual’s National Insurance (NI) contribution record and may consist of up to three elements: the basic old age pension the State Second Pension (S2P—formerly the State Earnings Related Pension Scheme, SERPS) the graduated pension Payments are generally made gross, with tax collected through Pay As You Earn (PAYE) against a person’s other income, such as an occupational or private pension. Income tax can also...

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PRACTICE NOTES
UK FSCS protection for pensions: scope, eligibility, limits and claims across occupational schemes, personal pensions/SIPPs, deposits and annuities, and interaction with the PPF

This Practice Note examines the Financial Services Compensation Scheme (FSCS) in a pensions setting. For more background on the FSCS generally, consult the following Practice Notes: The Financial Services Compensation Scheme The payment or rejection of compensation under the Financial Services Compensation Scheme (FSCS) Financial Services Compensation Scheme (FSCS)—the qualifying conditions for compensation Financial Services Compensation Scheme (FSCS)—funding Financial Services Compensation Scheme (FSCS)—automatic assignment or subrogation of rights Financial Services Compensation Scheme (FSCS)—payment or rejection of compensation What is the FSCS? The FSCS is the UK’s statutory compensation fund for customers of most financial services firms authorised under the Financial Services and Markets Act 2000 (FSMA 2000). It took effect on 1 December 2001. In strict terms, the FSCS is the set of rules that establish it (the Rules). The Rules were originally made by the Financial Services Authority (FSA) and, from 1 April 2013, have been made by the Financial Conduct Authority (FCA) and the Prudential Regulation...

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