Brexit and assimilated law

Following a national referendum, the UK withdrew its membership from the EU on 31 January 2020. The EU and UK domestic legal landscape has continued to change throughout the withdrawal process, transition/implementation period and beyond.

The UK is now in the post-transition/implementation phase of Brexit. Brexit-related research is still relevant as the implementation of Brexit-related policy, agreements and legislation remains ongoing after the event.

We are reviewing our content on the basis of information available and keeping it under regular review. In the meantime, this subtopic contains background reading, commentary and analysis on this subject and links to related guidance and policy documents.

EU referendum

On 23 June 2016, the UK held a referendum on its membership of the EU. In accordance with the European Union Referendum Act 2015 (EURA 2015), voters were asked:

‘Should the UK remain a member of the EU or leave the EU?’

On 24 June 2016, the Chief Counting Officer for the EU referendum confirmed the result:

•
51.9% of votes (17,410,742) were cast in favour of 'Leave'
•
48.1% of votes (16,141,241) were cast in favour of 'Remain'

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Latest Pensions News

Pensions UK working with the Pensions Commission on automatic enrolment flexibility

Pensions UK has welcomed the government’s decision to revive the Pensions Commission, which has been relaunched to examine the barriers preventing adequate retirement savings resulting in poor retirement outcomes. Pensions UK says the new Commission has the potential to help millions of people achieve a more secure retirement and is assisting the Commission in carrying out research on how greater flexibility in automatic enrolment could improve outcomes. Pensions UK expressed optimism that the pensions commission will make meaningful progress towards creating a pension system that is adequate, affordable and fair, and confirmed that it stands ready to contribute its expertise to the Commission’s review panel.

HMRC pushes ahead with new IHT rules on unused pension funds from 6 April 2027

HM Revenue & Customs (HMRC) has published its response to the consultation on changes to the treatment of Inheritance Tax (IHT) of unused pensions funds, together with a policy paper and draft Finance Bill 2025-26 provisions on 21 July 2025. While HMRC has confirmed that from 6 April 2027, the government will bring most unused pension funds and death benefits into the scope of IHT, there have been some changes made to the original proposals consulted on between 30 October 2024 to 22 January 2025. Personal representatives will now be responsible for reporting and paying IHT on these assets, but death in service benefits from registered pension schemes and certain dependants’ pensions will remain exempt. The government’s reform is part of a broader effort intended to create a fairer and more consistent tax system by removing disparities in how different pension types are treated for IHT purposes.

IFS welcomes relaunch of new Pensions Commission as long overdue

The Institute for Fiscal Studies (IFS) has welcomed the relaunch of the new Pensions Commission and review into savings adequacy, seeing it as a much-needed step given the risks facing the retirement incomes of today’s working-age population. IFS argue that after two decades of significant changes, it is vital to critically reassess current pension policies and individual saving behaviours—concerns that have only grown over time. The IFS therefore sees the government’s current initiative as ‘long overdue’ and timely in preventing complacency among policymakers and in ensuring a secure retirement future. The IFS has been addressing adequacy issues through its own pensions review, conducted in partnership with abrdn Financial Fairness Trust over the past two years and issued recommendations for reform in its final report published on 2 July 2025. In that regard, the IFS sees it final report as offering a comprehensive set of recommendations to guide the Commission’s own review work.

Upper Tribunal confirms HMRC’s power to issue assessments under TMA 1970 regarding pension scheme unauthorised payments (Trachtenberg v Revenue and Customs Commissioners)

Pensions analysis: Mr Trachtenburg (‘A’) appealed against the decision of the FTT, upholding HMRC’s assessments under section 29 of the Taxes Management Act 1970 (TMA 1970), charging him to income tax under sections 208 and 209 of the Finance Act 2004 (FA 2004). The sole issue was whether HMRC have power to issue assessments under TMA 1970, s 29. A contended: First, that the pension provisions in FA 2004 were comprehensive, the TMA 1970 does not enable HMRC to assess in the in the absence of any express application by FA 2004, s 255 or regulations issued under it, put beyond doubt by section 255(3)(b), which states that regulations under section 255 ‘may…provide for the application of any provision of the Tax Acts (with or without modification)’, unnecessary words otherwise; and Parliament had left it to HMRC to implement the necessary regulations, but they had failed to do so. Second, that TMA 1970, s 29 did not apply to income tax under FA 2004, ss 208 and 209, which did not charge income tax ‘for a year of assessment’. The Upper Tribunal (UT) rejected these arguments and dismissed the appeal. Written by Rebecca Murray, barrister at Devereux Chambers.