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Relevant overseas individual meaning

What does Relevant overseas individual mean?
In pensions tax practice, a “relevant overseas individual” describes a person based outside the UK whose ability to claim UK pension tax relief on contributions to a registered pension scheme is limited. It is not a statutory term. The statutory reference point is the definition of “relevant UK individual” in the Finance Act 2004, s.188. In practice, the phrase is used to cover: - an individual who is not a relevant UK individual and therefore cannot obtain UK tax relief on contributions to a registered pension scheme; and - an individual who is not employed by a UK‑resident employer and only qualifies for UK relief under the five‑year residence rule, namely that they were UK‑resident when they joined the registered pension scheme and were UK‑resident at some time in the five tax years immediately before the tax year of contribution (typically limiting relief to the basic amount). This categorisation is used by advisers and scheme administrators when assessing entitlement to relief at source and planning contributions for non‑UK residents. Usage is consistent across England & Wales, Scotland and Northern Ireland. In Ireland (Republic of Ireland), the term is not used; pension contribution relief is governed by Irish tax legislation and different residence...
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NEWS
Chancery Division: unlawful means conspiracy in pension transfer fund; FSMA breaches, fiduciary breaches, bribery and dishonest assistance established: Trafalgar Multi Asset Trading Co Ltd (in liquidation) v Hadley

Trafalgar Multi Asset Trading Company Ltd (in liquidation) v Hadley and others [2023] EWHC 1184 (Ch), [2023] All ER (D) 80 (May) What are the practical implications of this case? Echoing Financial Conduct Authority v Avocade Ltd [2021] EWCA Civ 1206 and Adams v Options UK Personal Pensions LLP [2021] EWCA Civ 474, this dispute concerns losses borne by pension savers after their transferred monies were placed into inappropriate, high‑risk assets. A notable distinction here is that the claimant was the corporate vehicle through which the savers’ funds were invested, acting by its liquidators. The claim may ultimately enable some recovery of pension savings without individual members, or the FCA, having to commence proceedings. The relevant events date from 2014 to 2016, and it is hoped that changes since then have curtailed the likelihood of transfers into comparable arrangements. In particular, an overseas investment would now trigger an amber flag under The Occupational and Personal Pension Schemes (Conditions for Transfers) Regulations 2021, SI 2021/1237, so a member would...

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PRACTICE NOTES
UK company law, securities regulation and tax issues when granting equity to workers engaged via an employer of record (FSMA, prospectus, PAYE/NICs, DR, HMRC reporting)

Introduction This Practice Note sets out the principal UK tax and legal issues that can arise where an end user intends to provide shares, share options or other forms of equity to an individual in another jurisdiction who is engaged under an arrangement with an employer of record or a professional employer organisation. It looks at both perspectives: a UK end user offering equity to people overseas, and a non-UK end user granting equity to individuals situated in the UK. In every case, the particular rules and regimes of the relevant overseas territories must also be assessed. For a template that an end user can use to grant a share option to an individual engaged via an employer of record arrangement, see Precedent: Standalone unapproved share option agreement for a worker engaged via an employer of record. What is an employer of record structure? ...

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PRACTICE NOTES
British citizenship (naturalisation and registration): good character—Home Office guidance, 2023 criminality thresholds, 2025 illegal entry bar; children, disclosure, immigration breaches, financial conduct, key case law

Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 (BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National (Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not married to their mother (save that, for BNA 1981, section 4F applications, the pertinent registration ground is BNA 1981, sections 1(3),...

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PRACTICE NOTES
FCA UK Listing Rules annual report requirements (UKLR 6.6): scope, content, DTR/Companies Act 2006 interaction, corporate governance, climate (TCFD), publication and prelims

Chapter 9 of the UK Listing Rules (UKLRs) Chapter 9 of the Financial Conduct Authority (FCA) UK Listing Rules (UKLRs) sets out continuing obligations for any company that has a listing of equity shares in the equity shares (commercial companies) category, which the company must comply with to retain its admission to the Official List (terms in bold are defined in the FCA Handbook Glossary). For further detail on companies with a listing of equity shares in the equity shares (commercial companies) category, refer to Practice Note: The UK listing regime for more information. Under UKLR 6.6 R, a company with a listing of equity shares in the equity shares (commercial companies) category must include specified financial disclosures within its annual financial report. The UKLR 6.6 R obligations for both UK and overseas issuers with a listing of equity shares in the equity shares (commercial companies) category are also considered below, together with an overview of the UKLRs relevant to annual financial reports of other listed bodies, and a...

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PRECEDENTS
UK financial sanctions: organisation-wide risk assessment template for law firms

1 Introduction 1.1 We have conducted an organisation-wide review to pinpoint where we are most likely to breach financial sanctions or deal with customers subject to such measures. This document sets out the risks identified and the conclusions drawn, together with how we will mitigate them. The individual accountable for this assessment is [ insert name/role ]. 1.2 Our review considered: 1.2.1 our customers and their counterparties; 1.2.2 the geographical areas we operate in [ , including sanctions regimes in other countries in which we operate ] ; 1.2.3 the [ services AND/OR products ] we offer; 1.2.4 our internal or operational risks. 2 Overview of the organisation Size and nature of the organisation [ Insert details ] Staff [ Insert details eg headcount, composition of staff base, staff turnover, supervisory structure and any other relevant employee metrics ] Description of practice areas and their relative size/significance to the business [ Insert details ]...

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Q&As
Defendant liability: overseas visitor NHS bill and CRU charges

HSC(CHS)A 2003, Part 3 For personal injury compensation claims where the incident occurred on or after 29 January 2007, Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (HSC(CHS)A 2003) applies. The HSC(CHS)A 2003 extends to any matter involving foreign nationals and foreign compensators, in circumstances where NHS treatment and/or ambulance services were delivered to the injured person following their return to England, Scotland or Wales. Part 3 of the HSC(CHS)A 2003 permits recovery of the costs of treating an injured person in all situations where that individual has successfully pursued a personal injury claim against a third party. Under HSC(CHS)A 2003, s 150(3), a ‘compensation payment’ is a payment, including one in money’s worth, made on behalf of a person who is, or is alleged to be, liable in respect of the injury. HSC(CHS)A 2003, s 150(3) further provides that relevant NHS charges are not included...

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