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Work test repeal opens opportunities with UK pension transfers

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By mbrownlee
March 28 2022
2 minute read
Work test repeal opens opportunities with UK pension transfers
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While the repeal of the work test provides more opportunity for clients to transfer their UK pension to Australia, a specialist adviser said it’s vital to start planning as early as possible.

Jason O’Connell, general manager of UK pension planning at Shartru Wealth, said that while the recent removal of the work test is a significant development for expats with larger balances in foreign superannuation schemes, it’s still important to start thinking about the process early on.

Speaking on a recent episode of The SMSF Adviser Show, Mr O’Connell explained that when clients bring a UK pension to Australia, it effectively comes in two components.

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“There’s the growth component and the non-growth component. In Australian terms, the non-growth component is your liquid fund earnings, and that’s going to be taxed in the same way as it would have been if the individual had brought their UK pension in a suitcase with them when they arrived in Australia,” he said.

The way that component is taxed, he said, would depend on whether the client opted to pay that as an individual, which will be done at their marginal rate of tax, or it can be taxed at a concessional rate if it’s a complying transfer.

The non-growth component, on the other hand, is brought in as non-concessional contributions.

Mr O’Connell noted that while the bring-forward rules can be triggered in order to allow another two years of contributions to be brought in, advisers also need to watch the client’s total superannuation balance.

“There are a few moving parts to this, and so it’s not as simple as saying, ‘There’s the growth component and the non-growth component, let’s bring the whole thing in’,” Mr O’Connell said. It can actually take a number of years to bring a pension in, he explained.

Mr O’Connell said the recent change to the work test was good news, however, as those clients who are looking at retiring and not working past 64 no longer have to meet the work test to make those contributions.

“They’re obviously not going to be claiming a deduction anyway and that requirement no longer needs to be met up to age 74,” he said.

“That should allow people with larger balances to bring more in.”

However, he stressed that it’s still important to tackle these pension transfers early.

“What we often see where there’s a couple is that one spouse will have a larger superannuation balance and a much larger foreign superannuation balance, so if you start the process at age 60 or 61, you have very few planning strategies left,” he said.

“So doing it as early as possible means you can look at your contribution splitting and any other type of planning strategy that will allow you to manage your balances to ensure that you can ultimately get the maximum amount of combined foreign and Australian superannuation into the most tax-effective structure to produce retirement income for the rest of your life. So, the sooner you look at it, the more planning opportunities you might have.”

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Miranda Brownlee

Miranda Brownlee

Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.

Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.

You can email Miranda on: miranda.brownlee@momentummedia.com.au