NEWS WRAP – HNWIs in Spain Braced for Budget

There’s quite a buzz around pensions at the moment – and rightly so, as they provide the backbone of our income in our later years. But currently, pension deficits are hitting the news, and figuring them out can still prove difficult.

Pension deficits concern what are commonly known as “final salary pensions” or Defined Benefit schemes.   Final salary or defined benefit (DB) schemes are essentially occupational pension schemes that provide a set level of pension at retirement, the amount of which normally depends on your service and earnings at retirement or in the years immediately preceding when you retire. Because your pensionable salary is used as one part of the formula in order to calculate your pension, a final salary scheme is commonly referred to as a ‘salary related’ scheme. Two common examples of ‘final pensionable salary’ would be your last year’s pensionable earnings or an average of your last 3 years’ pensionable salary.

Recently, there have been high-profile failures of these systems, such as the folding of Monarch Airlines – and the collapse of their pension fund. Initially, it appeared that owners could still walk away with a profit (after new hands tried to turn the airline into a more accessible and “Ryanair-like” product) by offloading debts, and this included dropping the pension fund. Ironically, this was once a major credit to the business. The fund, which is now in the Pension Protection Fund (PPF), had been under speculation of being left short when the business first began to struggle back in 2014, after years of asset-stripping.

As reported in our Big Deal blog, the UK and Spain have a tax treaty agreement for Gibraltar and Spain. This 2019 treaty is designed to clarify a number of important issues, including the long-standing, contentious issues of tax disputes and tax residency.

Furthermore, the Treaty resolves the issue of Gibraltar’s ongoing consistency with EU law following Brexit as the British Overseas Territory has elected to retain legislation equivalent to EU law on all matters related to financial transparency, taxation, administration and Anti-Money Laundering.