Q&As

Are there any restrictions on, or tax consequences arising as a result of, UK pension scheme trustees (whether individual or corporate) being resident outside the UK?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 14/10/2020

The following Pensions Q&A Produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Are there any restrictions on, or tax consequences arising as a result of, UK pension scheme trustees (whether individual or corporate) being resident outside the UK?

This Q&A asks whether there are any restrictions on, or tax consequences as a result of, trustees of UK-based pension scheme being resident out of the jurisdiction.

As a general rule, anyone can be appointed a pension trustee, provided:

  1. in the case of an individual, they are over 18 and have mental capacity

  2. in the case of a company, it is consistent with its constitutional documentation

  3. in either case, they are not disqualified by reason of section 29(1) of the Pensions Act 1995 (PA 1995), namely they or a director

  4. have not been convicted of any offence involving dishonesty or deception

  5. have not been made bankrupt, subject to a debt relief order or made an arrangement with their creditors

  6. have not been disqualified as acting a director, and

  7. in either case they are not prohibited pursuant to an order of the Pensions Regulator under PA 1995, s 3

Subject to that, there is no reason in principle why an individual or company r

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