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Mike Coady

EURBS: Are they the new QROPS?

From Tax & Technical Jan 4 2012 BY: Mike Coady , Director , deVere Group

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Expatriate clients, many of whom move from country to country over the course of their lives, require a totally different strategy to those who live all of their lives in the UK, if they are to get the most from their accumulated wealth after retirement.

This is why we at the deVere Group are excited about, and are currently recommending to many of our clients, a savings product known as European Union Retirement Benefits Schemes (EURBS), (variously pronounced “urbs” and “ay-urbs”).

EURBS are not, strictly speaking, new. Like the UK’s Qualifying Recognised Overseas Pension Schemes, they have their origins in pan-European pension law adopted in 1998 and subsequently added to, which enabled occupational pensions to be moved freely between member states whenever a pensionholder retired to live in another EU jurisdiction.

However, the adoption of EURBS has been slower than the take-up for QROPS, mainly because they have been more difficult to arrange.

Even now, some would not normally be attempted, such as the transferring to another European country of a French pension, for reasons having to do with the French pension system.

Also unlike QROPS, EURBS are by definition limited to Europe. This means that an EURBS could not be set up in New Zealand, say, for an emigrating Dutchman keen to bring his pension there with him.

That said, EURBS share a number of advantages with QROPS – but unlike them, will not be affected by the proposed changes announced last month to existing QROPS legislation by HM Revenue & Customs.

What this means for clients who move abroad is that they may be able to transfer their accrued pensions to a still-secure but significantly more tax-efficient jurisdiction than they are in at the moment. (At deVere, we favour Malta for our EURBS, because unlike some of the major QROPS destinations it is in the EU and has 56 double-tax agreements, in addition to being a well-regulated, English-speaking jurisdiction.)

Not just about tax

EURBS are not just about tax advantages, though. As is the case with some QROPS, they enable a client potentially to withdraw up to 30% of his or her pension fund in a tax-free lump sum (depending on where they are resident at the time they make their move).

By transferring into an EURBS, the client also gains greater scope to change his or her pension from one currency to another, as well as getting greater control over the fund’s underlying investments. Importantly, EURBS also enable clients to pass on their pension assets to their beneficiaries when they die. 

As most financial advisers know only too well, there are few pensioners who live overseas who would not want to increase the potential for flexibility and income of their pensions.

This message has come through loud and clear to us at deVere as well, where we have more than 60,000 expat clients, many of whom are pensioners or on their way to retiring soon. For them, EURBS directly address both of these concerns. 

In our view, responsible advisers who have clients of any nationality who are thinking about moving abroad, or who are already expatriate, should be talking to them about the possible use of EURBS to unlock their European pensions.

Mike Coady is a director at international advisory firm, deVere Group

This article was updated on 05.01.12 to amend a mistake made by IA during editing

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Mark Sanderson

Opinion Former

Posted by Mark Sanderson
on Jan 8 2012 @ 11:03


Whilst EURBS is an interesting concept. It is a long way off being a viable product in the international pensions market. The EURBS concept is born out of the Lisbon Treaty and more specifically the Pensions Portability Directive. This has explored the possibility of true ‘freedom of movement for pensioners’ in a similar fashion to those of workers’ rights which are already in place.

As of mid-2011, the Pensions Portability Directive seems to be bogged down in the Council, with Germany causing particular difficulties. Another EU Directive, 2003/41/EC, on the activities and supervision of Institutions for Occupational Retirement Provision, known colloquially as IORP, which attempts to create a Europe-wide market for pensions provision, is a framework directive, and fairly toothless at that - it has been left to individual countries to implement regulations under the Directive, and they have not done much. For the time being, therefore, hopes for a Europe-wide pensions market probably therefore rest with the European Court of Justice, which ruled in early 2007 that Denmark was in breach of European law on freedom of movement of workers and capital by not granting tax-deductions on contributions to pension contracts with foreign insurers. Swedish Finance Minister Anders Borg, whose country has a similar case pending with the ECJ, had commented at a summit in Brussels that the government would analyse the verdict and its possible implications for Sweden.

The FSA say “it has still not been possible to reach unanimous agreement needed in Council to approve this Directive. However the proposed Directive remains ‘live’. The Commission launched its Pensions Green Paper in July 2010 where it once again raises the questions addressed in the proposed Directive. The consultation period deadline for responding to the Commission’s Green Paper was November 2010 with a White Paper expected by November 2011… the proposal remains on hold for the time being.”. The full UK position can be found at - http://www.fsa.gov.uk/pages/About/What/International/pdf/PPD.pdf


So at the moment there is no guarantee that EU pension schemes will transfer to another EU based scheme and there is nothing in legislation to require them to do so. We have, however, been able to successfully transfer some EU (but non-UK) pension schemes in to our UK SIPP and the ceding schemes in mainland Europe and Ireland seem comfortable with the concept of SIPP whereas QROPS/EURBS is still a very strange notion for them. This means that in most cases the SIPP is going to be the most efficient and cost effective way of extracting a European mainland or Irish pension.

Once in SIPP you can look to move this to QROPS with New Zealand remaining the most likely destination given the recently announced proposals strengthening its position as the premier QROPS jurisdiction.




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