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Tax may be due on transfers to ROSIIP

30 July 2012
Issue: 4364 / Categories: News , Investments
Judicial review could follow appeal court decision over QROPS status

Members of Recognised Overseas Self-Invested International Pensions (Singapore) (ROSIIP) have sought judicial review of assessments they received in 2011/12 on the transfer by them of UK pension savings to the scheme.

Transfers of UK pension savings can be made free of British tax if transferred to a scheme that is a qualifying recognised overseas pension scheme (QROPS).

ROSIIP notified HMRC in 2006 that it met the conditions to be a QROPS, and it appeared on a list on the department's website.

The High Court ruled in 2011 that ROSIIP had never been a QROPS. The decision was upheld this year in the Court of Appeal.

Members have claimed they had a legitimate expectation that transfers to ROSIIP would not attract tax liabilities, because it appeared on the Revenue site and on related correspondence.

Given that the claims are broadly similar, the Queen’s Bench Division has made a group litigation order (GLO).

HMRC are the only party common to all the cases. The court has ordered the department to publicise the order.

All claimants should make clear that their claim form is within the ROSIIP GLO and apply to the Lawyer, Administrative Courts Office, Queen’s Bench Division, Royal Courts of Justice, The Strand, London WC2A 2LL, to be entered on the group register.

The Revenue is resisting the claims; further one brought may be out of time. The taxman has made the announcement to ensure those who made transfers to ROSIIP are aware of the order.

 

Issue: 4364 / Categories: News , Investments
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