
IFAs
on offshore
The offshore world is being taxed for the first time. Other
changes are afoot. Should expats be worried? II asks the IFAs.
Graham
Barnes, The Fry Group
Many readers will remember the winds of change which
started to blow through Africa in the 50s and 60s and fear the
worst.
Essentially those who minimise their tax burden in a legal fashion
have nothing to fear other than extra administrative complexity.
The paperwork associated with offshore investments has grown
in amount and scope over the last few years and, furthermore,
each time an investment is changed there are more forms to complete.
This is a real nuisance but the burden can be reduced with careful
planning.
Those who have been avoiding tax in a less than legal fashion
either wilfully or through ignorance must now review their financial
planning or face the increasing likelihood of detection and
censure. The main thrust of the concerns raised is to bring
to an end the investor’s ability to hold funds in an offshore
tax haven and simply not declare the interest or profit to their
tax authority.
There always have been ample planning techniques opportunities
which allow you to reduce your tax burden without breaking the
law. Not everyone has chosen that route in the past but more
will have to in the future. For example, changing the nature
of an investment so that it aims to provide growth rather than
income will often produce a favourable tax result. Similarly,
transferring ownership of an asset to an offshore company or
insurance policy can be effective. Sadly, a great deal of poor
advice will now be aimed at unsuspecting investors aimed purely
at boosting the advisers income. All too often I see the same
solution offered to investors with very different circumstances
when real planning would advocate different, individual answers.
This is a time for honesty and determination on the part of
the individual – a commitment to plan properly –
and a time for integrity and professionalism on the part of
the adviser. In that way these “winds of change”
might prove not to be unwelcome.
For regular updates on the EU Savings Directive and other matters
of concern, please visit our website:
www.thefrygroup.co.uk
Adrian
Kemp, Financial Consultant, Abacus Financial Services Group
With the introduction of the EU Savings Directive drawing
closer (currently scheduled for 1st July 2005) questions of
its affect on the offshore finance industry are becoming more
pertinent.
From an offshore perspective, investors resident in the EU
but with savings in the UK Crown Dependencies such as Jersey,
will have the choice of having paying agents apply automatic
exchange of information or adopt the withholding tax option,
known as ‘Retention tax’.
Retention tax will start at 15% and rise to 35% by 2011. IFA’s
will need to inform investors of the two options and possible
outcomes e.g. disclosure of information can result in tax
deferral advantages. Those that choose disclosure have nothing
to fear and there will be no change.
It should be noted that the directive only applies to savings
income including bank deposits and interest from certain bonds
and investment funds. Income arising from dividends from equities,
life assurance products and pensions will not be affected.
Many institutions are developing new products for clients
or improving old ones, so they fall outside the scope of withholding
tax. It is also the case that the Directive will provide an
opportunity for IFAs to improve services and update correspondence
with clients. Of course this involves cost and we may see
smaller less efficient institutions unable to provide quality
services to attract future offshore investors.
The offshore finance industry has historically adapted to
changes in the market and the directive is by no means an
end to tax efficiency. As in the past we can continue to expect
these industries to ensure they maintain their advantage by
augmenting their existing product portfolios. Individuals
with any doubts or questions should always consult an IFA
who can advise them on the best way to legitimately mitigate
their tax.
Abacus
Tel: +44 (0)1534 602000
website: www.abacus.com.
Alex de Wit, Offshore2Online
The unthinkable has happened. The members of the
European Union (EU) have set aside their numerous cultural,
political and historical differences and finally all agreed
on something. Taxation.
The European Savings Directive (ESD) will, from July this
year, require EU residents to pay 15% tax (rising to 35% by
2011) on EU-based bank interest and investment income. It’s
part of a set of measures seeking to eliminate competition
between Member States, with the long-held argument being that
a single (common) market will increase purchasing power and
provide better value for its residents. It also doesn't hurt
that the Member States will be getting a mountain of cash
in additional revenue as well.
Should investors worry about the future of tax-efficient offshore
investing? We think not, for whilst the choice of vehicles
might be narrowing in some quarters, the Directive expressly
excludes insurance and pension products.
There’s good reason for this exclusion. Governments
around the world are finding it harder to cope with longer
life expectancy, with an increasing percentage of national
wealth now being needed to support those in retirement. Some
countries will not be able to provide a state pension at all
in the future and those that do will be providing less in
real terms. As such, it is both sensible and necessary for
governments to continue to make personal savings plans and
pensions as attractive as possible, and thereby reduce the
burden on the State.
From an information and accessibility perspective, things
have never looked so good. Following the huge success of online
banking, a large and rapidly expanding number of investors
are now using the internet to compare products, qualify recommendations
and receive assistance. With instant access to fund performance,
commentaries, valuations and the latest special offers and
bonuses; they are now better informed and getting better value
than ever before.
In our view, offshore investors have every reason to look
forward to the future.
Offshore2online (HK) Limited
Tel: +852 2893 3200
Fax: +852 2572 8900
E-mail: info@offshore2online.com
Website: www.offshore2online.com
Tim Searle, GlobalEye
With the advent of the EU Savings Directive and talk of expats
being taxed worldwide, the future platform for offshore tax
efficient investing looks to be diminishing. With the fiscal
authorities of many highly taxed jurisdictions like the US
and the EU constantly attacking offshore centres to disband
confidentiality, the global investor is going to ultimately
suffer. Admittedly, the need to prevent money laundering,
drug and terrorist activities remains paramount but the offshore
investor who uses such jurisdictions to maximise their bona
fide financial planning while overseas will fall foul too.
And if this is the case, then the offshore financial planner
could become a dieing breed.
For example, one British politician has said he fears the
UK's Labour government was planning to introduce a US-style
citizenship tax regime. This would cost many of the estimated
100,000 British citizens in the UAE tens of thousands of dirhams
a year. US citizens living abroad have to file annual US income
tax returns, so Americans living in the UAE do not benefit
from the country's tax-free regime.
British citizens in the UAE do not have to pay taxes to their
home government, as long as they remain out of the United
Kingdom long enough to be classed as non-resident.
If the changes do come into effect, British expatriates would
have to pay up to 40 per cent of their UAE income to their
home country.
Here is what one UK opposition politician said during a recent
visit to the Gulf: “One thing the government is looking
at is the residence and domicile rules. The fear is that they
will make changes to taxation to a worldwide citizenship system,
I do think there is a chance this could happen. The Labour
government is scratching around to increase revenue and they
would see this as a fairly painless way of doing just that.
www.globaleyegroup.com
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