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QROPS and Brexit negotiations

“The big difference between Gibraltar and the UK is that Gibraltar has a very clear view of where it needs to be,” said Picardo. “The UK economy is larger and has many more moving pieces, so it’s harder to move from the shock of the morning of the 24th to a clear position which takes into consideration all of those areas.”

Gibraltarians voted by an overwhelming 96 per cent to 4 per cent to stay in the EU – a higher margin than in any other eligible voting district. This has led to speculation that Gibraltar might somehow remain in Europe while maintaining its status as a British Overseas Territory. There is a precedent, of sorts. Greenland, which is, in effect, a Danish overseas territory, voted to leave the EU while still retaining its political links to Denmark.

Picardo has gone so far as to describe a “hard exit” Brexit deal as an “existential threat” to Gibraltar. This is partly because each day thousands of Spanish workers cross into Gibraltar to work; something which may not be tenable if Brexit negotiations bring an end to free movement of labour between the EU and the UK, including any overseas territories.

As it stands it is still possible, and potentially crucial, for British expats to seek financial advice in order to ensure a Gibraltar QROPS, although the continuance of this arrangement is likely to be something that will be up for discussion during Brexit negotiations.

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.

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SIPP Providers – Getting it Right

Right or WrongMoney Marketing, a UK newspaper for financial intermediaries, has published details of a Freedom of Information Request it made it in relation to complaints received by the Financial Ombudsman Service (FOS) regarding Self Invested Personal Pension (SIPP) products.

It revealed that over the most recent 12-month period, 22 SIPP providers made 48 complaint referrals to the Ombudsman regarding investments.*

This latest revelation follows a SIPP dispute involving financial planner Berkeley Burke and the FOS in which it was heard that the firm failed to carry out full due diligence on a £29,000 unregulated collective investment scheme for one of its clients. It also follows a high profile but as yet unresolved case against Carey Pensions.

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Family Court rules on QROPS pension

Fife pound notesA judge at a UK court has ruled that limitations in the law mean divorcing partners cannot make claims for the QROPS pensions of their British expat ex-partners.

This ruling relating to overseas QROPS pensions was reached in the High Court as part of the protracted and embittered divorce settlement of Amit and Ankita Goyal.

The couple divorced during the summer of 2013 and an earlier court hearing in October 2015 ruled that the husband should pay a financial settlement to his wife. However, it was not until the High Court decision in October 2016 that clarity was offered in respect of the husband’s £87,000 India-based QROPS pension.

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