UK Pension Options in Portugal: New Rules Explained

The latest changes in UK pension options in Portugal can have a high impact on the approach you might choose to organise your financial matters for the relocation.

UK Pension Options in Portugal: Key Impacts on British Expats 2024

With the recent UK Budget announcement, significant changes are underway for pension freedoms, especially impacting UK citizens living abroad. The 2024 updates alter how UK pensions, including Qualified Recognised Overseas Pension Schemes (QROPS) and Qualifying Non-UK Pension Schemes (QNUPS), can be managed and transferred, raising questions about inheritance tax and international pension mobility.

Have QROPS and QNUPS Been Stopped?

British retirees used to benefit from the European Union's freedom of movement laws. It facilitated the transfer of UK pensions to EU countries like Portugal, Malta, and Gibraltar. However, following Brexit, this ease of transfer has been heavily restricted. The recent UK Budget changes mean that the Overseas Transfer Charge exemption, previously available for EU or Gibraltar transfers, has been REMOVED. This makes it more challenging for UK residents to transfer pensions to Malta or Gibraltar without a 25% tax charge, effective immediately from 30 October 2024.

QROPS and QNUPS were traditionally popular among UK citizens to avoid double taxation, gain currency flexibility, and benefit from certain tax advantages. However, recent restrictions mean UK residents and non-Malta/Gibraltar residents are limited in their use of these schemes.

Key Changes to UK Pensions in the 2024 Autumn Budget

The UK Autumn Budget includes changes that affect UK pensions, inheritance tax, and pension transfer options for expats. Here’s an overview:

Inheritance Tax on Pension Funds: Beginning in April 2027, unused pension funds will be included in estates for inheritance tax (IHT) assessment. This means that any unspent pension funds could be taxed up to 40% when passed to heirs.
End of the Overseas Transfer Charge Exemption: The 25% Overseas Transfer Charge exemption has been removed for UK residents transferring to EEA or Gibraltar-based QROPS. This is a significant change, as UK residents will likely face a tax charge if they attempt to transfer pensions to QROPS in Malta or Gibraltar.

Implications of the New UK Pension Rules

Generational Wealth and Inheritance Tax: Previously, pensions were a way to pass wealth to heirs tax-free. Now, with unspent pension funds facing inheritance tax from April 2027, many individuals may need to revisit their estate planning strategies. This change could result in higher tax bills for heirs and reduce the appeal of using pensions as an inheritance vehicle.
Changes to Tax-Free Cash Withdrawals: UK pensioners who transferred funds to QROPS could previously take advantage of larger tax-free cash allowances, particularly after the Lifetime Allowance was abolished in April 2024. Now, with the removal of the Overseas Transfer Charge exemption, this benefit is limited, especially for those not residing in Malta or Gibraltar.
Income Tax on Pension Funds after Death: For beneficiaries of those who pass away after the age of 75, pension income is now subject to both inheritance tax and income tax. This effectively reduces the amount beneficiaries will receive and may necessitate a reevaluation of retirement income strategies.

Alternative Planning Strategies for UK Retirees

With these changes, it’s essential to consider other tax-efficient options for retirement and estate planning. Here are some steps to consider:

Estate Planning: Review how inheritance tax allowances, like the spouse exemption and the nil rate band, can be used to minimise IHT. Ensure that pension planning aligns with these allowances.
Alternative Investments: Given the tax implications of pensions, some may consider investing in Alternative Investment Market (AIM) or Business Property Relief (BPR)-qualifying assets. However, it’s important to note that the recent Budget also impacts these investments, so consult a financial adviser to discuss suitable options.
Non-UK Retirement Solutions: For those who can’t benefit from QROPS or QNUPS, other non-UK retirement savings and investment structures may offer tax efficiency while meeting retirement income needs.
Currently, anyone with a British “domicile” faces inheritance tax, or IHT, on their global wealth even if they live and die overseas, however the new system which replaces “domicile” with “residency” means most British living overseas for more than 10 years will not face IHT on their foreign assets. Therefore, despite the seemingly draconian step of including SIPPs in IHT assessment for those who plan well, this is a significant advantage. See separate full article here.

UK Pension Options in Portugal: Navigating Pension Freedom Post-Brexit

These regulatory changes, compounded by Brexit, mean UK citizens living abroad face a more complex landscape for pension planning. British retirees interested in transferring their pensions to a country with tax benefits, like Portugal, should seek advice from financial professionals experienced with international pensions and UK tax law to ensure compliance and tax efficiency.

Seeking Financial Advice

Contact Ingenium Financial for up-to-date pension advise and a variety of options. With full EU licence and chartered status, our Head Adviser provides high-value planning based on lean fee-policy.

Text author: Phil Morris

12 November 2024

Frequently Asked Questions

Tax efficient savings and investments

How to pay less tax in Portugal?

For expats living in Portugal there are some tax saving solutions available for those who have ability to invest lump sum cash savings to generate future income.

The solutions tend to be what are known as Portuguese Compliant Investment Bonds. Can be introduced to you by an appropriately licenced Financial Adviser.

The solutions are fully allowable to all residents of Portugal and are compliant with the Portuguese tax code.

What is a Portuguese Compliant Investment Bond (PCIB)?

A tax efficient savings and investment wrapper approved by Portuguese IRS for use by residents of Portugal.

Owners can benefit from tax free growth and reduced level tax on income.

Need full explanation and advice prior to establishment.

How can an expat invest in Portugal?

Expats can invest in Portugal through regulated financial institutions using structures that allow access to both Portuguese and international investments.

Common options include bank investment accounts, brokerage platforms, and insurance-based investment structures such as Portuguese-compliant bonds (PCIBs). The most suitable option depends on residency status, tax situation, investment goals, and whether the individual plans to remain in Portugal long term.

It is important for expats to consider Portuguese tax rules, reporting obligations, and cross-border implications before investing.

Can I manage a PCIB myself?

No, the financial regulator requires the providers of PCIBs to insist on the appointment of an appropriate Financial adviser.

The FA will explain some of the most complex features of the PCIB and ensure that it is well managed going forward. The investment portfolio held within a PCIB can be created and managed in several different ways to suit the client’s needs. To ensure that the FA provided to you comes under the highest levels of scrutiny and protection, seek an adviser who works directly under a MiFID II licence.

If you are a resident of Portugal you may want to seek an adviser based in Portugal who is familiar with local taxation and for potential ease of communication.

What are the available tax-efficient saving structures for residents and expats in Portugal?

Tax-efficient saving structures in Portugal typically include insurance-based solutions, retirement plans, and carefully structured investment portfolios.

For residents and expats, Portuguese-compliant insurance bonds (PCIBs) are often used to defer taxation on investment growth, simplify reporting, and allow flexible investment management. Other options may include pension solutions (PPRs) or standard investment accounts, depending on personal circumstances.

Does a PCIB only allow investments inside Portugal?

No, a PCIB allows investments in a globally based portfolio, subject to minor constraints.

The investment strategy spreads capital across various asset classes, regions and currencies to reduce risk and enhance potential returns. A PCIB is typically located in either Ireland or Luxembourg.

As both countries are located within the EU, the PCIBs are fully compliant with Portuguese tax law (one of the qualifying criteria).

Sometimes people confuse these structures with golden visa requirements.

Is there a minimum investment amount required to open a PCIB account?

Yes, the minimum cash amount typically is €100,000 or currency equivalent.

There are several providers, and the percentage fee basis will typically reduce the more you invest.

Although the investment is made whilst being resident in Portugal, other major currencies aside from Euro can be used or held in the investment, such as USD and GBP.

Fees, licence, qualification

What is the average cost of using a financial advisor?

Using a financial adviser could cost approximately 1 percent p.a. There are also charges applicable to the use of a financial solution.

Only a MiFID II adviser is required to provide you with explicit, clear and transparent information in relation to your expected fees and charges. Some of the applicable fees provide added insurance relating to the advice you receive and indemnify your investment.

How should you choose a financial adviser as an expat?

Look for an adviser who is qualified to UK level 4 or EU level 5 or equivalent and works under a MiFID II licence.

An adviser with knowledge of both Portugal and your original home country would be advantageous.

Seek an adviser experienced in cross-border advice.

How to check the credentials of a financial planner?

You should familiarise yourself with the credentials of the individual providing the advice to you and understand how they are licensed and regulated.

You can engage with a Chartered adviser who works under a MiFID II licence.