Pensions advice in Spain: Six tips for getting it right, first time

by Steven Langford, Partner, Blevins Franks

With so many options for UK pensions, it can be difficult to know what to do to achieve a financially secure retirement. The ongoing uncertainty surrounding Brexit and political volatility in the UK also raises questions about how long we can expect today’s opportunities for expatriates to last.

Any financial transaction brings a degree of risk, but as pensions are oftenespecially valuable and critical in providing a comfortable retirement,making the wrong decision here can be disastrous. This is therefore an area where quality, expert advice is vital.

These six tips can help you avoid costly mistakes and establish the right pensions approach for you.

  1. Check your pension adviser is regulated by the UK Financial Conduct Authority (FCA)

Regulated financial companies must meet certain standards and act in the best interests of their clients. While taking regulated advice is compulsory for people looking to transfer ‘final-salary’ pension benefits worth £30,000+ a year, the FCA strongly recommends it for anyone considering their pension options. A simple online search of a provider’s full name plus ‘FCA’ should reveal more about their relationship with the regulator and link to their record in the Financial Services Register.

  1. Consider all the available options

Many expatriates transfer UK pension funds to a Qualifying Recognised Overseas Pension Scheme (QROPS) to unlockbenefits such as flexibility to withdraw euros or sterling and more freedom to pass benefits to heirs other than your spouse. However, a QROPS will not suit everyone and is not always the most tax-efficient solution. Pension funds can potentially be restructured in arrangements that provide better tax benefits for Spanish residents, so make sure you explore the alternative options.

  1. Don’t overlook cross-border tax issues

The Spanish income tax treatment of pensions differs to the UK and is highly complex, with rates varying regionally between 19% and 48%.

While UK-based pension advisers may have some understanding of Spanish taxation, theyare unlikely to have the full expertise to navigate issues such as Spanish succession, wealth and income tax mitigation in the context of your overall situation. This can lead to a much higher tax bill than necessary, for you and your heirs.

A locally-based, UK-regulated adviser is best placed to establish the most tax-efficient approach for your particular circumstances and goals.

  1. Beware of pension scams and unregulated investments

Be extremely cautious of advice from a company that has cold-called you, and never sign anything under pressure. Be especially wary of claims of unusually high or guaranteed returns, and opportunities to access your pension before the age of 55. Once you transfer your pension, it is too late; you could end up losing some or even all of your pension funds, and face a large UK tax bill as well as penalty fees.

Also, take note that many companies offering pension services are unregulated. Whether they aim to defraud you or not, these are unprotected investments that risk losing your money with no opportunity for compensation if things go wrong.

Protect your pension benefits by checking your provider’s credentials, including their understanding of Spanish taxation and its interaction with UK rules.

  1. Research other peoples’ experience

Even amongst regulated providers, check for quality. Testimonials, particularly word-of-mouth recommendations from people you trust, can provide reassurance and indicate that your provider is meeting the needs and expectations of their clients. Look for consumer reviews, ask around your local community and follow up references where possible. Be mindful, however, that other peoples’ situations might be quite different to yours – what works for them may not necessarily work for you.

  1. Look at the whole picture

Pensions should form just part of your overall financial plan. Your adviser should look at your pensions in the context of your unique circumstances, risk appetite and wider situation – including residency, your other assets, tax and estate planning – to help secure the best outcome for you and your family.

Deciding what to do with your pension could be one of the most important financial decisions you make. While you should take the time to get it right, keep the Brexit countdown in mind. With many predicting that the UK could introduce tax penalties on overseas transfers and limit how expatriates in the EU can access their UK pensions post-Brexit, now is the time to review how you can best secure a prosperous retirement in Spain. 

Tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarised; individuals should seek personalised advice. 


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