RPSM13101090 - Technical Pages: International: Migrant member relief: Exclusion of qualifying overseas pension scheme

Exclusion of scheme from being a qualifying overseas pension scheme

A scheme may be excluded from being a qualifying overseas pension scheme if HMRC decides that there has been a significant failure to comply with the information reporting requirements set out at RPSM13101060 and that as a consequence it is inappropriate for tax relief to be given on contributions to the qualifying overseas pension scheme.

A failure will be significant if, for example, a substantial amount of information has not been provided or if the failure to provide any information is likely to result in serious prejudice to the assessment or collection of tax. Any contributions made to the scheme after the date on which it ceases to be a qualifying overseas pension scheme will not receive tax relief.

HMRC must notify the person or persons appearing to be the scheme manager that the scheme has been excluded. The scheme manager can appeal against an exclusion decision. (See RPSM12102000).

It is also possible for HMRC to decide that a scheme is no longer excluded.