These completed cases provide an accurate reflection of our practice:
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Case 1: Optimization for Global Board Member
Facts
Our client had in the past worked and lived in six different countries. He had acquired separate Corporate Pension Claims at all four employers.
Issues
Our client never had the opportunity to really look into his Pensions and Wealth Management. Our client asked our company if we could provide global insight and optimization.
Solutions
It turned out that whereas our client had been advised correctly in South-Africa, that especially his US based Corporate Pensions were not in his best interest. The US advisor clearly had not been acting in the best interest of our client. He had provided plans with an excessive risk coverage and cost levels which were five times the normal level.
Regarding his Wealth Managament we noticed that an accurate Personal Risk Profile was lacking and subsequently an optimal investment approach.
Thus we advised our client how to optimize his Global and especially his US based Corporate Pension Claims. Plus how to create Wealth Management within and outside of his Corporate Pension Plans in such a way that it reflects his Personal Risk Profile.
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Case 2: Optimization for Financial Director in London City
Facts
Our client had worked and lived in The UK for many years and had several kind of Corporate Pension Claims. As he expects to retire on mainland Europe, he was wondering what would be the best approach towards those claims.
Issues
The central issue was if our client should transfer all his Corporate Pension Claims to a QROPS, as advised by several international consultancy firms.
Solutions
After having read the reports of other consultancy firms and having completed our own analyses, it turned out that tax benefits as projected in those other reports were not accurate.
Regarding certain elements a transfer to a QROPS would even substantially increase the income tax exposure. Certain projected increased investment results were furthermore not realistic due to the Personal Risk Profile of our client.
Finally it was advisable not to switch annually conditionally indexed guaranteed DB Pension Claims for not guaranteed investment based DC Pension Claims.
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Case 3: Optimization for High Potential Manager in Europe
Facts
Our client had been working already in three different countries and was thus keen on creating an optimal Pension Planning.
The company she now worked for offered a ‘Cash Pension Plan’ meaning that the ‘Pension Allowance’ was taxed as regular wages after which the employee could freely decide what to do with the net capital.
Issues
Our client requested our company to optimize her Corporate Pensions and Wealth Managament.
Solutions
Regarding the optimization of the Corporate Pensions we were able to convince the employer of the substantial negative impact of a ‘Cash Pension Plan’ and assisted in setting up a regular Corporate Pension Plan with highly relevant tax benefits.
Regarding the Wealth Management it was a pleasure to hear from our client that due to our Investment Memorandum, she now felt that she understood the basics of how to invest and felt not vulnerable anymore.
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Case 4: Optimization for Specialist at NGO
Facts
Our client had in the past worked for several companies within the EU and had several related Corporate Pension Claims.
Issues
As she started to work for an NGO, the question was how to treat the existing Corporate Pension Claims. She informed us that the new workrelated Pension Plan offered a guaranteed Pension Claim and asked if she should transfer the exiting Pension Claims into the new plan.
Solutions
Our client had been correct in stating that the NGO has said that the Pension Claim would be of a guaranteed DB nature.
However, after having read all legal documentation about the plan, it turned out that initially there was only an investment based DC Pension Claim and that only after 5 years of participation there would be an entitlement to a guaranteed DB Pension Claim.
In case she would have transferred the existing guaranteed Pension Claims into the investment based Pension Claim and would not remain at the NGO for at least 5 years, she would not have had a guaranteed DB pension claim and the previously existing annually indexed guaranteed Pension Claims would have been changed into investment based Pension Claims.
As calculations showed that the transferable value of the existing Pension Claims was not enough to on short term have the equivalent of 5 years of participation, the transfer was not implemented. The existing DB Pension Claims remained intact.
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Case 5: Optimization for Young Expats in the Netherlands
Facts
A young couple moved to The Netherlands after having lived and worked previously in The UK and Switzerland.
During their first 6 years in Holland they did not have any Corporate Pension Claims. Recently their employer introduced a Corporate Pension Plan with a rather low amount of annual premium for Old Age Pensions. The Next of Kin Pension coverage was also modest as our clients have three young children.
Issues
Due to their past they had a substantial lack of State Pensions, Corporate Pensions and Risk Coverage.
Solutions
Regarding State Pensions they did not acquire additional claims as that was not attractive.
Regarding Corporate Pensions it was within the plan not possible to use all allowed tax benefits. Thus they infused the maximum allowed additional premium within the plan.
In order to optimize their tax position they each acquired a Private Pension Plan in order to use the not yet used tax benefits of the last 6 years. And use it likewise in each new year.
Finally they acquired a Private Risk Coverage which pays-out a onetime net € 500.000,- if one of the parents might pass away within the first 10 years.
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Case 6: Optimization for Directors in Singapore
Facts
Due to our international network we were contacted by a Lawfirm in Singapore. They represented a number of Directors who worked for a Global Oil Company in Asia Pacific.
Issues
The issue was i.e. that the Company preferred to unilaterally change the guaranteed Corporate Pension Claims into not guaranteed investment based Corporate Pension Claims. This without any compensation nor discussion. Which scenario had substantial negative implications for the Directors.
Solutions
On behalf of our clients we have described in an objective manner what these days is considered to be a deemed suitable Board Level Corporate Pension System/Type of Claims/Amount of Claims and correct process for possible change. Furthermore our calculations showed objectively what the proposed change would mean for our clients. Thus providing insight in feasable goals in order to get the best new Board Level Pension Plan.
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Case 7: Optimization for Global Directors
Facts
A Global French Company had not been able to focus on the pension situation of their Regional Directors.
Issues
Thus the Company asked us to provide insight and optimization within deemsed suitable International Corporate Standards.
Solutions
On behalf of the Company we have objectively described what is deemed suitable and assisted the Company as well as the Expats with the implementation of the change by providing tailor-made consultancy to each Expat.
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Case 8: Optimization of German Corporate Pension Plan
Facts
A European Company contacted us about questions regarding their German Corporate Pension Plan which also included their Directors.
Issues
After research it appeared that the coverage did not meet deemed suitable standards regarding the type of Pension System nor the amount of Pension Claims.
Solutions
On behalf of the Holding we have assisted in introducing the correct type of Pension System and the correct amount of Pension Claims in Germany. During which implementation we hired local actuarial/legal/tax professionals. In this process we also changed the Actuarial Firm as the new firm provided substantial better services for half the price.
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Case 9: Optimization for Expats at International Oil & Gas Exploration Company
Facts
The company preferred a lean and mean approach resulting in a 'Cash Pension Plan' for the employees and expats.
Issues
A 'Cash Pension Plan' is no official Pension Plan and thus lacks the related coverages and has no tax benefits. Both elements have substantial negative impact.
Solutions
After we had explained the benefits of a formal Pension Plan to the Board in an objective manner and that in the future we would take care of all related issues, the Board gladly co operated in installing the best Pension Plan for both employees and expats.
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Case 10: Optimization for Global Director Emigrating Back to Australia
Facts
After having lived and worked in Australia, USA, The Netherlands and UK, our client wished to retire in Australia.
Issues
Our client requested optimization of especially his International Corporate Pensions and how to best implement his private capital.
Solutions
After having analysed the applicable Double Tax Agreements, we first optimized the DB pension claims. Then we carefully assessed the Personal Risk Profile of our client and proposed an approach using all available flexibility and giving the largest possible amount of his private capital additional time to be invested.
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Case 11: Optimization for Global Board Member of Fortune 500 Company
Facts
Our client requested insight and if possible optimization of the older and current pension claims.
Issues
The company had tried to provide service by installing an International Pension Plan and in Europe a 'Cash Pension Plan'.
Solutions
Regarding the past the substantial investment based pension capital lacked a Personal Risk Profile and an optimal Investment Mix. After we had established the Personal Risk Profile we looked into all Investment Funds options and recommended the correct Personal Risk Profile and Investment Selection.
Regarding the current situation we explained why the 'Cash Pension Plan' was no pension plan at all and had very negative (tax) implications. After which the company was informed of our advice in order to implement a deemed suitable Pension Plan with optimization of tax benefits.
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Case 12: Correction of Merger Related Expat Pension Relocation
Facts
A global company had acquired another company in which process executives relocated from several countries to the new regional home office country.
Issues
In the process the previous pension consultancy firm had neglected to make sure that the corporate pension plan transition of these executives went according to a well structured and correct plan. Thus both the company and the executive expats were in the dark of what would amount to the correct kind and amount of corporate pension claims.
Solutions
By comparing the former three national corporate pension plans with a proposed new corporate pension plan, we were able to advise our client how to take care of omissions and implement them in the best possible and efficient manner.
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Case 13: Hong Kong Pilot Moves to Holland Requesting Hong Kong Corporate Pension Optimization
Facts
Our client is a Dutch pilot who worked and lived in Hong Kong. He is planning to move back to The Netherlands and would like to have the best treatment of his corporate pension claims in Hong Kong.
Issues
The issues that required attention were among others:
- The kind and amount of pension claims at different retirement ages;
- The difference between pay-out in Hong Kong versus The Netherlands;
- If the pay-out were to happen within The Netherlands to make sure he would have the lowest tax exposure.
Solutions
We addressed all issues and thus providing beforehand the best options for our client regarding especially flexibile pay-out and lowest tax exposure.
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Case 14: R&D Director Relocation from Switzerland to Holland Requesting Swiss Corporate Pension Optimization
Facts
Our client is a French R&D Director working for a global company in Switzerland. He has to relocate to The Netherlands for a new position and would like to have the best treatment of his rather substantial Swiss corporate pension claims.
Issues
The central issue is how to treat his Swiss corporate pension claims in order to secure the lowest tax exposure in both Switzerland and The Netherlands.
Solutions
We addressed this issue by looking into all options as provided by the existing Double Tax Treaty Switzerland/The Netherlands. By means of arranging a ruling with the Swiss Tax Authority it was possible for our client to have a rather low tax exposure.
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Case 15: Optimization of Corporate/Private Pensions in Holland for UK Client
Facts
Our client is a UK medical specialist who while working and living within The Netherlands had acquired many kind of Corporate and Private Pension Claims.
Issues
The central issue is how to treat all these claims for our client to have the highest post tax income in the UK.
Solutions
We addressed this issue by going through the following steps:
- First acquiring up to date information about all Corporate/Private Pension Claims;
- Then we advised our client how to combine the best quote outcome with lowest taxation making use of the options as provided by the Double Tax Treay UK/The Netherlands and the current policy of the Dutch Tax Authority;
- After a quote beauty contest for Pension and Annuities we provided the best gross outcome;
- Then followed the process of the Dutch Wages Tax Exemption requests.
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Case 16: Dutch Corporate Pension Plan for UK Employees
Facts
Our client, being a UK based international company, required a corporate pension plan for her in Holland working UK employees while the company did not have a permanent settlement in Holland.
Issues
The main issue was to see if in such circumstances it is indeed possible to select and implement a Dutch corporate pension plan.
Solutions
After making sure such a plan was indeed possible in this particular case, we selected and implemented the best possible Dutch corporate pension plan at a PPI.
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Case 17: Investment Optimization for UK Originated International Pension Plans in Guernsey
Facts
Our client had worked in the UK and acquired Corporate Pension Claims. Not by means of a UK Pension Claim nor as QROPS but as Guernsey based Pension Claims in two International Pension Plans.
Issues
The main issue was that neither our client nor the provider in Guernsey nor the former advisor had seen to a correct establishing of the Personal Risk Profile and relating investment mix. Both relevant aspects for a DC pension claim.
Solutions
First we have carefully established the Personal Risk Profile of our client by using our own 4 page form. Then we have requested insight in all avaliable investment funds. After carefully analyzing all funds regarding type of investment, score towards benchmark and all costs, we drafted an Investment Memorandum with all information and our recommendations.
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Case 18: US Expat & Dutch Pension Pay-Out: No Alternative for DC Quote
Facts
Our client with US nationality had worked in the past in Holland. As he now retires in the US, he would like to get the best quote for his Dutch Corporate DC Pension Capital.
Issues
In the past we would request and compare quotes from insurance companies, which would differ substantially. Thus such a comparison was advisable.
Solutions
Due to the US legislation there is currently no Dutch insurance company willing to provide a pay-out quote of a DC pension capital for a US resident if the capital has not been acquired at that very insurance company.
In that case, you would only have the quote from the then existing insurance company, which might easily inflate costs and lower the lifelong annual pay-out!
The alternative being a transfer of value from The Netherlands to a US corporate pension claim is also ‘not that easy' to implement. -
Case 19: UK Pension Optimization for Maltese QROPS for Expat from Australia
Facts
A Global Director from Australia had a UK Pension Claim and requested our input regarding the optimization thereof as she was concerned.
Issues
The existing pension investments were not acceptable as they projected for an offensive risk profile a 25 year annual 1% return on investment. Which would make a normal retirement impossible.
Solutions
We presented two options being either optimizing the current investments or to transfer the pension capital to a Maltese QROPS.
Besides the investments the issue of how to prevent or mitigate double taxation by means of Double Tax Treaties was relevant.
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Case 20: New Pension Plan for International Company with Global Employees
Facts
An international company wanted to install the best possible retirement plan for their global employees.
Issues
The issue was how to get the best plan. Meaning that the company would not be burdened with many annual additional tasks and compliance regulations. And meaning for the employees to have the best pension claim at low costs with the very important tax benefits.
Solutions
At first we provided insight in all the options by means of a presentation for the management and employees. After which we selected and implemented the plan which best provided the desired elements.
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Case 21: Substantial Tax Refund Correction Due To Inaction Of Previous 'Big 4' Advisor
Facts
Our client had worked in the past in The Netherlands and the related tax issues were handled by one of the ‘Big 4` tax and audit organizations.
Issues
Our client was entitled to a substantial 2011 refund, which had not been dealt with in the past by the previous advisor and who also did not warn our clients of the legal issues that would arise if there would be no action within several years.
When we contacted the Dutch Tax Authority on behalf of our client, they stated that our client had lost his legal claim due to inaction during 5 years.
Solutions
We started with (for the first time in this file) carefully gathering and stating all facts in a legal objection to the Dutch Tax Authority. To our regret they did not handle this matter in the usual correct manner which resulted in an additional legal procedure complaint.
As we kept calling them each week and had contact with several departments, after several months it turned out that they finally apologized to our office and to our client and the refund was paid after all.
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Case 22: International Pension Plan Isle of Man & US 401 (K) Optimization
Facts
Our client from the US had never had professional advice about his international pension & investment position and felt it was time to start due to his international work situation.
Issues
We carefully read all documents to check to what extent it matched the profile of our client.
Solutions
It turned out that our client appeared to be participating in an International Pension Plan (IPP) located on the Isle of Man of which the local tax benefits had not been communicated in a correct manner.
As our client did not get any tax benefits on his substantial monthly voluntary contributions, we ended this right away. Furthermore we carefully established his Personal Risk Profile which resulted in an adjustment of his current IPP investment as well as in his already existing US 401 (K) investment.
Finally we advised our client how to optimize his future US workplace pension claim.
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Case 23: Pensions & Wealth Optimization For Global Director
Facts
Our client had worked in several countries and and had elaborate remunerations including Bonus/SARs/RSUs and different kind of international investment categories.
Issues
Our client requested our company to provide oversight and optimization as there was the feeling that the lack thereof could be costly.
Solutions
By carefully analyzing all facts and especially the international tax situation now and projected in the future and by proving several realistic future scenario’s, it was our pleasure to assist our client in creating the best pension planning and wealth allocation.
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Casus 24: To revoke the Maltese QROPS and switch back to a UK SIPP
Facts
Our client had in the past transferred a UK occupational pension claim to a Maltese QROPS as advised by his adviser.
Issues
When we reviewed our client's situation, we informed him that the move to the Maltese QROPS was not correct as the impact of the UK/The Netherlands Double Tax Treaty and its current implementation by the Dutch Tax Authority had not been taken into account which would increase his overall tax exposure.
Solutions
We assisted our client in order to revoke the Maltese QROPS without negative costs/investment impact and to switch back to a UK SIPP.
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Case 25: Global Director Quickly Required Advice About Where To Retire Within The EU
Facts
We were contacted by our client regarding their two substantial UK Occupational Pension Claims.
Issues
The first issue was that they had ended contact with another firm and that they would like to be advised by our firm. The issues at hand were that they lived and worked in Nigeria and The Netherlands while the Dutch location would end within a few weeks and thus they would like to know on rather short notice to which country in Europe to go to in order to have the highest net and most flexible pension result for the rest of their life.
Solutions
Even though we had to provide advice on short notice, we maintained our signature thorough approach. After first making sure that we had all the facts and knew exactly the wishes of our client, we looked into all options and all relevant Double Tax Treaties. Which resulted in a substantial report with a brief recommendation.
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Case 26: Decreasing Tax Exposure in UK/The Netherlands Pension Pay-out
Facts
We were contacted by a UK Pension Consultancy Firm and ask to provide pension tax consultancy for their client with UK/The Netherlands issues.
Issues
The client had been advised to request a onetime 100% UK Occupational Pension Lump Sum pay-out which would result in a 50% tax exposure.
Solutions
We informed our client that such an extreme tax exposure should be prevented. For the first time in this file, we looked at the overall situation and it appeared possible to start the other regular pension claims a few years sooner without higher tax exposure and thus creating the option to get the 25% UK Lump Sum totally tax free.
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Case 27: Revoking net wages and install gross investment for 25 years for Global Director
Facts
Our client had in the past worked and lived in several countries and had acquired separate Corporate Pension Claims in Ireland and The Netherlands.
Issues
Our client never had the opportunity to really look into her Pensions and Wealth Management. Our client asked our company if we could provide global insight and optimization.
Solutions
As our client ended her current employment on very short notice, we gave her preference and implemented that recent wages pay-out was revoked and that the again paid wages were paid gross into the corporate pension plan. Thus creating a compounded return on investment on this otherwise tax money for 25 years.
Furthermore we carefully established her Personal Risk Profile and re-adjusted the current Irish And Dutch pension investment mix.
Finally we advised our client which country is best to retire taking into account tax rates and cost of living.
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Case 28: How To Prevent Nationalization Of Peruvian Occupational Pension Claims?
Facts
In Peru elections are soon to follow which is expected to have an impact on the pension system.
Issues
Our in Peru residing client asked our company to guide them in how to prevent an expected nationalization of their already acquired and paid for occupational pension claims in Peru.
Solutions
We have assisted our client in finding the right type of international pension claim and how to meet the national tax and civil law regulations in Peru as that has to be met without any doubt.
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Case 29: Advising USA Director About International Pay-Out Of 'Golden Parachute'
Facts
Our client had received a Golden Parachute from his former employer and requested advice about how to implement this in the most flexible manner with the lowest international tax exposure.
Issues
Due to the Fatca legislation there were special rules to take into consideration. Furthermore the standard proposed pay-out resulted in a too high tax exposure.
Solutions
We have advised our client how to create the lowest tax exposure by adjusting the standard pay-out plan and how to get a tax exemption.
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Case 30: Optimization of Swiss & UK Pension Situation
Facts
Our clients had lived in several countries and requested advice about the optimization of their State/Occupational/Private Pension Claims.
Issues
The Swiss and UK pensions were not optimal and required attention.
Solutions
Regarding the Swiss Occupational Pension Claims, we have advised an adjustment of the investment mix.
Regarding the UK Private Pension, it seemed that the provider had accepted all newly infused capital even though it turned out that there was no UK tax benefit and thus no logic to do so. Thus we advised to take it out of the more restrictive pension sphere and move the capital into the more flexible and less costly investment sphere.
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Case 31: Pension & Tax Optimization For Canadian Expat
Facts
Our client had lived and worked in several countries based on an international assignment and now requested our company to assist in the optimization of her overall pension/tax planning.
Issues
It was key to use all pension related tax benefits in the current residential country and if possible leave the international occupational pension claim intact for as long as possible.
Solutions
The amount of pension related tax benefits between occupational and private pensions tend to influence one another. It would not be positive if the existing international occupational pension coverage would deminish or even delete the private pension tax benefits.
We managed to explain to the national tax authority that the international coverage should not be taken into the formula when calculating the tax benefit for the private pension plan.
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Case 32: Optimization Of US Pensions & Sale Of Company Towards Retirement
Facts
Our client has the Dutch/US nationality and requested our guidance towards optimization of his international pension planning.
Issues
Our client has several kind of US pension plans which have not yet been looked into and likewise regarding how to best sell the company in order to get the highest after tax result.
Solutions
We first carefully analysed the US pension plans and made proposals how to handle the risk/return/pay-out optimization in time towards retirement.
Likewise regarding how to use the proceeds of the sale of the company.
Thus i.e. it was about (inter)national tax/risk minimization and return/pay-out flexibility optimization.
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Case 33: Assistance For Shell Executive Residing in Asia Pacific
Facts
Our client lives and works in Asia Pacific and has acquired several pension claims and looks into several possible retirement locations.
Issues
For our client it is interesting to know which retirement location would best service his financial needs.
Solutions
We have looked into all (inter)national tax and pay-out flexibility options and advised accordingly.
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Case 34: Advice For Japanse Company With French EU Board And Dutch Settlement
Facts
Our client is a renowned Japanese company which has a French Board to manage their EU affairs. Among which a Dutch settlement with employees from different nationalities.
Issues
The main issue was how to meet the French Board’s wishes regarding Dutch pension implementation and also to make sure that it was constructive for the empoyees and feasable.
Solutions
The solution was to provide only essentials and not go into details and when there were tricky issues, we just calculated back from the correct final situation.
Many different cultures work fine together if you provide clearity, have patience and a good sense of humor.
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Case 35: Advice For UK Professional With International Job Offer Implications
Facts
Our client is a UK professional who is working in The Netherlands and he received a very interesting international job offer on director level from a USA based foundation.
Issues
As our client will have a college in Germany with an equal job description, the issue was how to address all job remuneration aspects.
Solution
We have assisted our client by explaining the difference regarding State and Workplace pensions in The Netherlands and Germany and what according to our view would be the correct valuation and comparison of those claims and the translation in the correct amount of wages.