Most people assume a pension works like a salary. You stop earning, the pension starts, and the tax follows you wherever you go.
Pensions do not behave like that. The treatment differs from employment income in ways that surprise people, particularly after a move abroad.
Simon Roue and Laura Sant explain the position in our latest video.
The logic becomes clearer if you look at how the money went in.
Contributions to a UK pension scheme attract UK tax relief. The government effectively supported you while you built the pot.
Naturally, they intend to tax it when it comes out. That principle sits behind everything else here.
Here is the rule that catches people out. If you hold a UK pension, that income is taxable in the UK. Full stop.
Your residence does not change it. Move to Spain, Portugal, Thailand or anywhere else, and the starting position stays the same. The pension arises in the UK, so the UK taxes it.
Plenty of people assume that leaving the UK removes UK pension income from HMRC's reach. It generally does not.
Something can change that starting point, and only one thing can: a double tax treaty.
Where the UK holds a treaty with your country of residence, the pensions article decides which country gets the taxing rights. Some treaties allocate them to the country where you live rather than the country where the pension arises.
Where that applies, you can claim relief in the UK. But note the condition attached.
Treaty relief rarely means paying no tax at all.
In most cases, relief depends on you actually paying tax on that pension in your country of residence. The treaty prevents double taxation. It does not create tax-free income.
That distinction matters when people compare destinations. The question is not whether you escape tax, but which country collects it, and at what rate.
One further complication deserves a mention. Pension articles differ considerably between treaties.
Many treaty provisions follow the OECD model closely, so you can broadly predict the treatment. Pensions are a notable exception. Some treaties depart from the model significantly, and the outcome can turn on the specific wording rather than general principles.
So the answer genuinely depends on where you live. Two people retiring abroad with identical UK pensions can face entirely different positions.
If you are living abroad with a UK pension, or planning a move, establish the position before you start drawing rather than afterwards.
We look at the treaty that applies to you, what the other country will want, and what relief you can actually claim. Book a consultation at lsrpartners.com.
This article is for general information purposes only and does not constitute tax advice. Please contact us to discuss your specific position.
