RPSM14101058 - Technical Pages: Transfers: Recognised transfers from registered pension schemes: Qualifying recognised overseas pension scheme: Exclusion of scheme
This guidance only reflects the tax rules that applied up to and including 5th April 2012. See RPSM13104000 for guidance on the tax rules applying to all QROPS after 5 April 2012.
A scheme may be excluded from being a qualifying recognised overseas pension scheme under section 169(5) if HMRC decides that there has been a significant failure to comply with any information requirements, and that it is inappropriate that transfers from registered pension schemes to the recognised overseas pension scheme should be recognised transfers. A failure will be significant if a substantial amount of information has not been provided or if the failure to provide information is likely to result in serious prejudice to the assessment or collection of tax.
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. Pages at RPSM12102000 onwards explain the appeals process including the possibility of a HMRC review of the decision. It is also possible for HMRC to decide that a scheme is no longer excluded.
If a scheme is excluded from being a qualifying recognised overseas pension scheme it can no longer receive a recognised transfer under section 169.