Some members of ROSIIP have sought judicial review of assessments they received in the 2011/12 tax year on the transfer by them of UK pension savings to ROSIIP.
Transfers of UK pension savings can be made free of UK tax if transferred to a pension scheme that is a qualifying recognised overseas pension scheme (QROPS). As ROSIIP had notified HMRC in 2006 that it met the conditions to be a QROPS, it appeared on a list published on the HMRC website along with other pension schemes that had similarly notified HMRC. In 2011 the High Court found that ROSIIP had never been a QROPS and this was upheld in 2012 in the Court of Appeal.
Members have made claims that they had a legitimate expectation that transfers to ROSIIP would not attract tax liabilities as it appeared on the published list on the HMRC website and related correspondence. Because the claims are broadly similar, on 22 June 2012 the High Court, Queen’s Bench Division made a Group Litigation Order.
HMRC is the only party common to all these cases and the Court has ordered it to publicise the fact that a Group Litigation Order has been made and, briefly, its terms and the issues in these cases. All claimants who wish to bring claims along the above lines 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 and to be added as claimants.
HMRC is actively resisting these claims and any further claims brought may be out of time. This announcement is made to ensure that those who made transfers to ROSIIP are aware of the Group Litigation Order.