
Tax incentives
The last thing you want when you move abroad is a tax
bill hanging over your head, or that of your heirs
Where your assets are concerned, forward planning is
the most important factor as it will give you the freedom
to explore your options and plan your strategy, but
remove the need to rush or risk coming up against any
tight deadlines.
Louise Somerset, head of tax at Royal Bank of Canada
advises that, above anything else, Brits should sit
down and work out the implications the move will have
upon their UK assets, preferably about four months in
advance of their moving date. This allows for the most
effective planning and to come up with a strategy they
are one hundred per cent comfortable with.
Unfortunately a large proportion of expats believe that
even though they are living in one country, they will
always be taxed according to UK law. This is true of
IHT as if you are UK domiciled then you will always
be so unless you take steps to renounce it, however
CGT and any taxable income (of which both countries
may take a slice) will be relative to your circumstances.
Firstly you need to establish which assets you are keeping,
for example the family home in the UK, which you plan
to sell and which, if any, you plan to transfer to family
members or an offshore outlet.
Somerset advises: “For example, if you have a
trust for your children it will be automatically exported
unless you stipulate otherwise – something which
is likely to trigger capital gains tax (CGT). In this
case it is worth considering whether you plan to put
the assets into a foreign vehicle, sell them, or appoint
a trustee in the UK.”
Senior technical manager at HSBC Bank International,
Robert Sheasby also adds: “Tax liabilities can
possibly be mitigated on investment portfolios through
the use of wrappers such as life policies or sub fund
structures, housing a personal portfolio within an offshore
umbrella fund. Trust structures and offshore company
formation can also be considered in certain circumstances
to shield locally situated property from capital taxation.”
However don’t deal with property or larger investments
and put the blinkers on as dividends from smaller shares
and interest from deposits or savings may be subject
to local tax if brought out of the UK.
While most expats are aware of and plan for their tax
liabilities in one country, a lot of the time they will
completely ignore their ties to the other. This can
become an bigger issue for capital gains tax and income
tax if not correctly planned for, however if choosing
to ally yourself with a different domicile then it’s
important you understand that the British laws governing
tax are quite lenient in certain areas when compared
to those of other European countries.
Taking Spain as a specific example, Spanish laws decree
that in the event of your death, your property, if jointly
owned, will pass wholly to your spouse who must then
pay tax on your 50 per cent share. This is not all as,
according to Somerset: “One of the main issues
with IHT is that of forced heirship, which is common
for a number of European countries. Residents are obliged
to hand a certain proportion of their assets over to
their children and they cannot pass directly to their
surviving spouse, regardless of their wishes.”
This system is somewhat simplified in Britain as assets
will automatically transfer over to the surviving partner
following the death of one, and if not will be dependent
on a Will. In addition, there will only be tax on the
portion of the estate which is valued over the £300,000
nil band rate – however this can easily be mitigated
against by making use of the free asset transfer allowed
under British laws between married couples.
Tax needn’t be something Brits actively avoid
dealing with in the hope that it will sort itself out.
There are many ways to cope, one option being to speak
to an independent tax adviser and another being to go
through the channels your bank opens up to you.
All offshore banks offer tax-planning services, although
the level of service expats receive depends entirely
on the type of banking system they have in place.
Offshore private banking allows individuals of high
net worth direct access a range of tax planning services
they would not automatically get with standard offshore
banking, alongside wealth management, savings, estate
planning, and trusts.
This is not to say that standard offshore banking does
not provide an adequate service, just that private banking
offers expats an bespoke one-stop-shop for all their
financial needs, whatever these might be.
Certainly HBSC Bank International offers their offshore
customers a means to sort their tax out, or what Sheasby
calls a “holistic financial planning review”
with an Independent Wealth Manager. One of the main
differences is that the Wealth Manager is able to give
advice and recommendations to the expat, however it
is then the customer’s responsibility to act on
it. Private offshore banks will have advisers who are
ready to dedicate themselves to your individual predicament
from start to finish.
It is also advised that expats make a separate Will
in their new country of residence, additional to any
already in place in the UK, governing the assets which
are held within that particular country. The UK assets
may also be included in a British Will to be doubly
sure. This will provide expats with a tax ‘safety
net’ as there can be issues with both the translation
and legalities of a British Will when abroad.
Sheasby concluded: “Wherever local rules permit,
we will always recommend that offshore investments are
held in a Jersey nominee arrangement as the local probate
process allows for a locally written will to fast-track
the system. This means that the right money can be put
in the right hands at the right time, often within a
couple of weeks of an application being made to the
Royal Courts.”

|