So, scary headlines aside, is there really anything to be concerned about and are you going to be clobbered with a 25% tax bill?
Well, in reality, for most of us expats living in Spain the simple answer is no. As always, the devil is in the detail, not in the headlines – even from such an august publication as the FT.
Checking the legislation gives a completely different and much less dramatic story (shock headlines and horror stories sell papers) for us EU expats living in Spain and the reality is that the Overseas Transfer Charge (OTC) of 25% does not apply under the following circumstances:
- If the transfer request was before 8/3/17.
Or if any one of the following five conditions apply:
- The Member (you) is tax resident in the country in which the QROPS is established –
- The Member is tax resident in the European Economic Area and the QROPS is established in the European Economic Area.
- The QROPS is an Occupational Scheme and the member is an employee of the sponsoring employer under the scheme.
- The QROPS is a Public-Sector scheme and the member is an employee of a sponsoring employer under the scheme.
- The QROPS is set up by an International Organisation and the member is an employee of a sponsoring employer under the scheme.
Condition 2 is highlighted as this probably applies to most readers of The Olive Press, and the majority of my clients.
For example, when UK (or other European Economic Area) citizens who have moved to Spain (also EEA) discuss moving a pension, the most likely jurisdictions for a transfer to QROPS are Malta or Gibraltar (both EEA). Of course, Gibraltar as a Crown Dependency of the UK may be out of the frame when the UK exits the EU and I will discuss Malta in a future article.
What does this mean to a Spanish Tax resident who originally came from a European Economic Area country like the UK? In simple terms, point 2 above applies. “The member is a tax resident in the European Economic Area and the new pension (QROPS) is established in the European Economic Area”.
The result for most of us flies in the face of the headlines above which should now read:
“No Overseas Tax Charge to pay for the majority of Expats in Spain”
But maybe that would not sell as many papers!
This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.
Much has happened since I last put pen to paper in the immediate aftermath of the referendum result and I thought it sensible to comment on some of the issues which are emerging from the ‘swirling fog’ that we experiencing. July 24th 2016, reminded me of September 12th 2001 in New York, with people walking around in shock, confused at the attack on the political and economic system. To be angry at the shock of the unexpected result and how that might affect everyone’s life is a natural and rational response, however much it might seem otherwise. Last week I wrote that the result was not a disaster and the financial system was capable of absorbing this shock, in short, my view has not changed.
Last weekend The France Show brought its exhibitors and visitors the best of France – food, wine, property, holiday ideas, travel offers and entertainment – all under one roof. Visitors experienced a great French market, cookery demonstrations, tutored wine tastings, language and travel theatre, and even a chance to play pétanque!