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Moving to, or living in Spain after Brexit – What do you need to do?

By Chris Burke - Topics: BREXIT, Residency, spain
This article is published on: 20th August 2018

20.08.18

If you have been living in Spain lawfully for at least five years, you will be able to apply for indefinite permission to reside there, which is termed ‘permiso de residencia de larga duración’ simply meaning ‘long term residence permit’. Note that you cannot apply until the UK has ‘potentially’ finally left the EU.

Apart from this, there are four main conditions to be able to remain in Spain after Brexit:

  1. No criminal record
  2. That you have not been ejected from Spain OR from a country which Spain has a verbal agreement with
  3. You have private health insurance
  4. You have a net monthly income of at least €799 for a family of two, and a further €266 per month for each additional family member

However, if after Brexit you have not been in Spain for 5 years but are living there legally, there is no great need to worry. The time you have spent there will count towards the 5 years and as long as you meet the above criteria, you will then be able to apply for the ‘permiso de residencia de larga duracion’. What you might have to do though, is apply for permission for what you will be doing in Spain. For example, if a retiree, you might need to ask to be that in Spain. Or, if you wish to work (see more about this below) you will need to apply for this also. If you wish to holiday for less than 3 months at a time, then you should not need to apply to remain in Spain for this. Before Brexit, obviously none of this was required.

Working, or not working, in Spain – after Brexit
If you wish to move to Spain after Brexit, but NOT work in Spain, you will need to apply for a ‘permiso de residencia no lucrativa’ meaning essentially a ‘non profit visa’. You will also have to prove you have money to live on, such as a regular permanent income (a salary would not count for this) or through bank statements showing that a minimum balance has been maintained over at least the last year, with your name and account number.

If you are an employee of a company in Spain, then they should be taking care of your application to stay.

Moving to Spain after Brexit as self employed
If you are looking to move to Spain and work for yourself, you can apply to be self employed, or ‘Autonomo’. You will need to be able to demonstrate the following, as well as applying for permanent residence as set out above, i.e. ‘permiso de residencia de larga duración’. The commercial activity you will be doing must comply with Spanish rules and you must:

  1. have the relevant qualifications
  2. have sufficient funds to invest in the activity to make it viable
  3. give the number of people you will employ, if any
  4. have sufficient funds to support yourself, on top of the funds for the activity (see above)
  5. Provide a business plan which makes sense to the Spanish Authorities
  6. not be suffering from a serious illness

Retiring in Spain after Brexit
When looking to retire in Spain after Brexit, there will be several criteria to fulfil and adhere to in your application. Those are:

  1. No illnesses that are a serious public risk (eg smallpox, SARS)
  2. €2130 monthly income for the main earner in the family, and an additional €532 for each dependant
  3. Proof of ability to sustain this income for one year

Note, after you have resided in Spain for 5 years, you can then apply for ‘permiso de residencia de larga duración’ as mentioned above and will only need to adhere to those criteria moving forward from that point.

The process – what happens when you are accepted?
When you have been accepted, you will be issued a visa within 1 month and you must enter Spain within 3 months for this to remain valid. If you have permission to work and you do not register with the social security office within three months of your arrival, your right to remain will lapse.

Where to apply when moving to Spain, after Brexit
To apply for permission to live in Spain, you go to your local Spanish Consulate, even if you are not living in your country of origin. The process is thus: the Spanish consulate confirms whether all the relevant documents are in order and that everything has been provided that needs to be. They, in turn, send this to a Spanish Government office who will decide if they will give you permission to move to Spain.

If your application is successful
If applying to live in Spain without working and you are successful, you can then pick up your visa within one month. If applying to work, you will then be asked to make this application, again within one month, once you have been given the ok to reside in Spain.

The visas are valid for one year, when it needs to be renewed for periods of two years moving forward. During this whole time, you need to abide by the rules mentioned above including having the required income to live/run your business. Then, after you have lived in Spain for five years you can apply for ‘permiso de residencia de larga duración’ and solely adhere to those rules, again as mentioned above.
Once you have moved to Spain legally, your rights, taxes and your families rights will be the same as any citizen of the EU. Like everyone else, having lived in Spain for 10 years, you can, if you wish, apply for Spanish residency. To do this you need to demonstrate that you have integrated into Spanish society, including speaking the language and understanding the culture.

If you would like to receive further important updates on living in or moving to Spain, as an English speaker, sign up to Chris’s Newsletter here:

French Residency – Dispelling the Myths

By Sue Regan - Topics: France, Residency, Tax
This article is published on: 18th May 2018

18.05.18

French residency is a popular topic of discussion for expatriates when they get together in a social setting. So often I hear people saying that they “choose” not to be French resident and just to be sure, they make sure that they do not spend more than 183 days a year in France. Come April/May time, the chatter on this subject increases. So too do the differences of opinion, mostly about whether or not someone should complete a French income tax return.

Well, to dispel the first myth – residency is not a choice per se. Based on the facts, you are either French resident or not.

The rules on French residency are really quite straightforward, although admittedly some cases are not! For example, take a couple who are lucky enough to have a property in each of France, the UK and Spain. None of the properties are rented to tenants and so all are available for their own personal use. Every year, they spend five months a year in France, four months in the UK and three months in Spain. They receive pensions from sources outside of France and most of their financial capital is in offshore bank deposits in the Channel Islands. They also have current bank accounts in each of the three countries.

Where are they resident? Well the simple answer is “France”. Why? Because this is where they spend most time in a year.
Hence, the second myth of the perceived ‘183 day rule’ is also dispelled.

When anyone has interests in various countries, it is often found that they satisfy the internal criteria for residence of more than one country. Understandably, this can be confusing. In France, you only have to satisfy one of the following four conditions and you will be resident in France:

(1) France is your ‘home’: If you have property in France and another country, but the latter is not available for your personal use (for example, because it is rented to tenants), then France is your home.

(2) France is your ‘centre of economic interest’: Generally, this means where your income is paid from. In addition to pension, salaries, etc., this can include bank interest and other investment income.

(3) France is your place of ‘habitual abode’: Notably, no reference is made in the law to the number of days that you actually spend in France and this is where many people are caught out, believing that if they do not spend at least 183 days in France, then they can decide that they are not resident. This is not the case and your place of ‘habitual abode’ is, quite simply, where you spend most time.

(4) Nationality: If your residency has not been established by any of the above points, then it will be your nationality that determines your residence, however, this is very rare.

As a French resident, you are obliged to complete an annual income tax return and must declare all your worldwide income and gains (even if the income is ultimately taxable in another country).

Thankfully, there are Double Taxation Treaties (DTTs) existing between France and all the EU States (and also with many other countries in the world). For anyone with interests in more than one country, the existence of a relevant DTT is very important. This is because a DTT sets out the rules that apply in determining which country has the right to tax your various sources of income and assets, with the aim of avoiding double taxation.

However, France does not have DTTs with the popular offshore jurisdictions of, for example, the Channel Islands and the Isle of Man. Hence, for any French resident with bank deposits in these jurisdictions, where withholding tax is being charged on the interest, there is no mechanism to offset this against the French income tax that is also payable. Probably the best thing to do to avoid paying tax twice on the same source of income is to shelter the financial capital within an investment that is tax-efficient in France. Notwithstanding this, as everyone’s situation is different, it is also very important to seek independent financial advice before taking any action.

Inheritance taxes should also not be overlooked. As a French resident, you are considered domiciled in France for inheritance purposes and your worldwide estate becomes taxable in France, where the tax rates depend on your relationship to your beneficiaries. However, there are some DTTs on inheritance taxes between France and other countries (although nowhere near as extensive as the number of DTTs that exist for other taxes). Again, it is important to seek advice on your own personal situation because it is my experience that ‘one size does not fit all’.

In summary, French residency is a fact and not a choice. However, by seeking advice, action can be taken to mitigate your future personal French tax bills, as well as the potential French inheritance tax bills for your beneficiaries.
The above outline is provided for information purposes only and does not constitute advice or a recommendation from The Spectrum IFA Group to take any particular action to mitigate the effects of French tax legislation. Hence, if you would like to have a confidential discussion about your financial situation, please contact Sue Regan either by e-mail at sue.regan@spectrum-ifa.com or by telephone on 04 67 24 90 95. The Spectrum IFA Group advisers do not charge any fees directly to clients for their time or for advice given, as can be seen from our Client Charter at: www.spectrum-ifa.com/spectrum-ifa-client-charter

Are you legally here in Spain?

By Pauline Bowden - Topics: residence, Residency, spain
This article is published on: 29th January 2018

29.01.18

In order to be considered as fully resident in Spain, you must have registered on the Padron i.e be on the electoral register. Being on the Padron means a lot more than being able to vote in local elections.

Many benefits in Spain are based on years on the Padron. Usually a minimum of 5 years is required in order to claim disability benefit and other help as a carer etc. Remember to register your children too. Even though they cannot vote until age 18, they might in the future need to claim a benefit and if not registered as soon as they arrive in Spain they might have to wait to get something they are entitled to.

Citizen’s Advice Spain is very helpful when dealing with specific cases and could help you apply for a historical Padron ( getting your Padron back dated, though this is not easy to do).

With Brexit on the horizon it is even more important to be fully registered as living in Spain. Residencia, annual tax return, 720 tax return, which is due before the end of March. All of these things matter if you want to be “legally” here in Spain.

Where are you domiciled?

By Gareth Horsfall - Topics: Domicile, domiciled, Italy, Residency
This article is published on: 1st November 2017

01.11.17

As a foreign national living in Italy for many years I find it sometimes confusing to look at where you come from and know where you belong. I rang my prefettura the other day to check on the progress of my Italian cittadinanza application only to be told that I would have to keep checking the Ministero del Interno website to see whether any updates or further requests for information would be required and that no confirmation email would be sent.

Anyway, this got me thinking about the issue of ‘where we belong’ and ‘where we think we belong’. The difference being, one is based on facts and one is based on what we believe to be true.

If I take a cross section of you, my group of clients, and stranieri living in Italy, I could split you into many different groups (it is not an exhaustive list), but a good summary would be as follows:

  • Foreign nationals married to Italians (like myself)
  • Foreign nationals who are married/partners with someone of their same nationality
  • Foreign nationals married/partner with someone of a different nationality
  • Foreign nationals who are not married

And within this group I could create sub groups of you:

  • those who don’t intend on returning to your country of origin
  • those who have made a long term move to Italy but intend on moving away from Italy at some point in the future, mainly for reasons of later retirement when language, health, and maybe grandparenting considerations become more of an issue

However, in each category and sub category we have to work with the fact that we have accumulated financial assets which, from a fiscal point of view, will be subject to taxation in any one country or another. Knowing which group and sub group you belong to, and the definition of such, will likely determine which jurisdiction you are considered for inheritance tax/ succession purposes.

So let’s focus on the subject of domicile for a moment, since the application of domicile will determine which tax authority will have overriding power when it comes to your inheritance tax or successione. Firstly I want to highlight the definition of domicile in the UK (which may also be applied in other similar countries which work on a basis of common law)

Definition of domicile
The domicile is the country which a person officially has as their permanent home, or has a substantial connection with. When you’re born, you’re automatically assigned to the same domicile as your parents, which is defined as your domicile of origin. If your parents were not married, typically your domicile of origin will be the same as your mother, although this may vary depending on each individual’s circumstances.

Your domicile of origin then continues until you acquire a new domicile – even if you move abroad, unless you take specific action, it is unlikely that your domicile will change.

Now let’s look at the definition of domicile in Italian law, which has a totally different meaning:

The place of domicile is taken to be an individual’s principal place of business and interests.

(see full definition of residency and domicile in Italy HERE)

As you can see the two definitions have quite a different meaning. This creates problems when looking at inheritance tax, succession planning and will writing.

CAN I BREAK DOMICILE OF ORIGIN?
For those of you who fit into the category of having lived in Italy for many years and have few or no connections back in your country of origin, it might be that you are now in the position that you could break the domicile of origin and be subject to the law of Italy on your worldwide estate. This might have some advantages given that succession taxes in Italy are very low compared to other European countries.

However, to break the domicile of origin rule, specifically when relating to UK citizens, you would have to:

  • show that you were not domiciled in the UK within the three years before death
  • show that you were not resident in the UK in at least 17 of the 20 income tax years of assessment ending with the year in which you died

CHANGING YOUR DOMICILE
You might also try and actively change your domicile but to do this you will need to satisfy a number of criteria and be able to provide evidence of each one. The basic criteria for changing your domicile will typically include as an absolute minimum:

* Leaving the country in which you are domiciled and settle in another country
* Provide strong evidence that you intend to live in your new location permanently or indefinitely.

However, the criteria for changing your domicile are incredibly varied and include things like closing bank accounts down in your country of origin, selling all properties that you may own there and finally each case will be judged on it’s merit incorporating the evidence provided.

SO WHAT IS THE SOLUTION IN ITALY?
The long and short of this is that when you die, it is highly likely that as a foreign national living in Italy, that unless you have attained cittadinanza, the Italian authorities will refer back to your country of origin and allow that authority to apply their inheritance tax code to your worldwide assets. (Any Italian taxes would still need to be applied, where appropriate to Italian domestic assets, such as property) Whilst this might be preferable for some, you may wish the Italian tax code to apply on death because of its lower tax rates. If this is the case then you have to try and break domicile and this can only be determined at the point of death by the relevant tax authorities. If you want to know how hard that could be then see the ”famous example’ in the column opposite.

Clearly it makes sense to start planning to minimise problems from an inheritance tax point of view, as soon as possible. Having a will in place is the first step to ensuring that your relatives are not left with cross border legal burden when the inevitable happens.

Will Brexit affect your plans to move to France?

By Derek Winsland - Topics: Automatic Exchange of Information, BREXIT, common reporting standards, France, Residency
This article is published on: 4th October 2017

04.10.17

The performance of the UK government’s Brexit negotiators, Theresa May included, is giving rise to concerns amongst UK businesses, EU nationals living in UK and, of course, us living and working in the EU. Sterling continues to react daily to the actions and reactions on both sides of the negotiating table, and the general uncertainty that this causes conveys itself to people’s decision-making.

Over the last 15 months or so, I have been approached by a number of prospective new clients, most of whom are asking the same questions: “How will Brexit affect our plans to move to France” and “How will Brexit impact our desire to remain in France”. The honest answer to this (at the time of writing), is no-one yet knows and until something concrete comes out of the negotiations, this will remain the situation. My own belief is that some compromise will be cobbled together to allow some continued freedom of movement in exchange for access to the single market.

What we do know is that if you have aspirations to live in France, you will become resident for tax here and there is nothing more certain than taxes (apart from death of course). As a French tax resident, there are a number of different taxes you will become subject to. This is no different to the position in UK, indeed comparisons undertaken on behalf of a number of prospective ‘movers’ to France has shown only minor differences in tax payable for those people. The proviso used though was that those people put their financial house in order before moving to, and becoming resident in, France.

My Limoux colleague, Sue Regan in her last article, pointed out the pitfalls in assuming UK-based investments would serve the same purpose in France, and that the tax treatment of those investments in UK would transfer across the Channel to France. This is not the case, in fact holding and maintaining UK investments can and do result in nasty tax shocks for those ex-pats who wrongly believe investments like ISAs would be tax exempt in France.

Also, with the introduction of Common Reporting Standards, financial information is being shared across borders, so considering oneself to be hidden from the tax-man in France, whilst holding bank accounts and investments in UK, is delusory. If you have recently received a letter from your UK bank asking you to confirm your address, this is Common Reporting Standards in action; your bank will pass the information on to HMRC who in turn will share it with their French counterparts.

It is better to acknowledge that the ways of the past will not continue to hold true and that work needs to be done if you want to live in France and this includes re-structuring assets to make them French tax-efficient. The simplest way to approach this is to invite an independent financial adviser to carry out a financial review of your circumstances. He or she will put together a report of recommendations, to ensure your move to France will not result in tax shocks further down the line. All you have to do then, of course, is act on the recommendations.

If you feel you could be affected by this, or have personal or financial circumstances that you feel may benefit from a financial planning review, please contact me direct on the number below. You can also contact me by email at derek.winsland@spectrum-ifa.com or call our office in Limoux to make an appointment. Alternatively, I conduct a drop-in clinic most Fridays (holidays excepting), when you can pop in to speak to me. Our office telephone number is 04 68 31 14 10.

I look forward to seeing you soon.

The fight to keep our EU rights

By Gareth Horsfall - Topics: BREXIT, eu citizens, Italy, Residency, Theresa May
This article is published on: 25th September 2017

25.09.17

As Theresa May readied herself in Florence to deliver her BREXIT speech a small but energetic group of British expats gathered in the city to voice their opinions. The group, part of ‘British in Italy’ was lead by Spectrum’s Italian Manager Gareth Horsfall.

Gareth has been instrumental in building the groups membership and organised this peaceful protest in Florence.

The protest was organised to show solidarity for EU citizens in the UK as well as British citizens living in the EU. Gareth explains, “The motivation and reason for such activity is to fight to keep our EU acquired rights…those that could affect our freedom of movement in the future, the right to work in other EU states as an EU citizen, the right to have our qualifications recognised in our current EU state of residence and any that we may subsequently move to, the right to keep our healthcare rights and especially those of a lot of our pensioner clients who rely on it, the right to have our social security contributions taken into account from other EU states and all the interconnected rights that go with these things.”

Outside the impressive 14th century Novella church in the centre of Florence, the protesters were in good voice with many flags and banners, one reading “Denied a vote – Denied a voice”. The usual media circus was in town, and Gareth was delighted to be able to talk to many journalists to throughout the day.

Gareth Horsfall is a member of ‘British in Italy‘ which has been set up to protect and fight for the rights of Italian citizens living in the UK and UK citizens living in the EU.

The message is simple:
We should be granted all the rights that we have acquired and/or are entitled to before the UK chose to leave the EU.

The objectives are listed below:

  • British in Italy is a group of UK citizens resident in Italy concerned about the effect of Brexit on the many thousands of UK citizens in Italy and the half million or so Italians in the UK
  • Our aim is to ensure that Brexit does not penalise these individuals, all of whom made the decision to move across the Channel in bona fide and relying on their EU right of freedom of movement
  • UK citizens already in Italy and Italians already in the UK should therefore continue to have all the rights they had acquired or were in the process of acquiring while the UK was in the EU
  • We have already lobbied the UK government hard not to take these rights away from EU citizens in the UK

If you have not yet made your presence known, and/or you know someone who hasn’t then feel free to get in touch with the British in Italy group at britsinitaly@gmail.com Your name and contact information will be registered and you will be added to a newsletter mailing list. (Your information will not be shared or used for corporate purposes). Or follow them on Facebook HERE

Horsfall finishes by saying “The UK Government is failing to give an outright guarantee to EU citizens living in the UK and reacting to this the EU is threatening to restrict our own rights. We are all in this together and should fight to stop it. Its not about stopping BREXIT but just about treating people fairly and not ruining peoples lives and potentially pulling families apart.

Gareth was also part of the Exiting the EU Select committee, which met at the House of Commons back in January this year. Gareth was one of four UK citizens living in the EU who represented other UK citizens living in the EU, in Westminster.

To declare or not to declare?

By Gareth Horsfall - Topics: common reporting standards, Exchange of Information, Italy, Residency
This article is published on: 20th September 2017

20.09.17

That was the question of the summer 2017!

During the long hot summer of 2017 I had a number of people calling me for advice on when and which assets to declare which to date had not been declared in Italy. A troubling question indeed.

A number of people who have been living in Italy for many years had recently received letters from their banks, mainly in the UK. This letter had been asking the individuals to inform them of their TIN number: tax Identification Number (codice fiscale or National Insurance to you and I). The main question was why would they need this and what would the consequences be of not providing it.

THE COMMON REPORTING STANDARD
If you are one of those people who read my E-zines, you will know that I have written about this subject over the last few years on numerous occasions, but its worth going over the detail again now, since an automatic sharing of financial information across borders (of which the UK/USA/Italy and most developed countries are party to) will take place before the end of September 2017, if it has not happened already. The information they will receive will be backdated to 1st January 2016.

WHAT IS THE OBJECTIVE?
In short, the idea behind the CPS was modelled on a similar idea which the USA put into force before it. That was FATCA (Foreign Account Tax Compliance Act) and was designed to circumnavigate the individual to whom any tax liability may be incurred and for the banks and financial institutions with which we hold out money/assets etc, to declare these holdings directly to the relevant tax authorities.

So it no longer became the responsibility of the individual to report their money ‘correctly and honestly’. Now, this information would be reported directly.

The rest of the world has now pretty much followed suit (except notable offshore jurisdictions which are also coming under Governmental pressure to fall in line) and hence the need to get clarification on your country of tax residence and your TIN (Tax Identification Number).

WHAT INFORMATION WILL THEY SHARE ABOUT ME?
Under the Common Reporting Standard the financial information to be reported includes the name, address and tax identification number (where applicable) of the asset owner; the balance/value, interest and dividend payments and gross proceeds from the sale of financial assets.

The financial institutions that need to report include banks, custodian financial institutions, investment entities such as investment funds, certain insurance companies, trusts and foundations.

The tax authority will receive much more information than ever before. Even information it does not need. For example, there is no wealth tax in countries like the UK, Portugal, Cyprus and Malta, but the tax authorities will still receive bank account balances. If this raises any red flags they may investigate where the money came from in the first place.

IS THIS NEW?
Exchange of financial information across Europe has been going on for a long time now and can be traced back to the introduction of the European Savings Tax Directive 2005. The Common Reporting Standard is an enhancement of this.

I explain the Common Reporting Standard as follows:

Imagine a normal spreadsheet in which all tax authorities have been entering information regarding us for years. The Italian, Spanish, French and British authorities all created their own spreadsheets with their own column headings and rows. When this was exchanged with another tax authority it would first have to be interpreted before the information could be used. The CRS went one step further. In effect, all countries are now using the same spreadsheet with the same column headings and rows and the data is much easier to interpret. With the help of computers they can identify discrepancies very easily. (This is clearly a simple explanation, but helps understand the concept)

I remember well in 2012 when I was contacted by a number of UK rental property owners who had been legitimately declaring their UK property income in the UK for tax purposes. However, as residents in Italy they had not declared anything. A clear exchange of information took place and the Guardia di Finanza did a significant number of visits to these people to fine them.

SHOULD I TELL THEM?
A logical question would be, what if I don’t tell the bank or financial institution of my TIN?

The banks would refer to the country in which they have the most information about you. It logically concludes that if you have a UK address on a UK bank account, but live in Italy, and have received a letter to confirm your TIN then the bank already suspects that your tax residency has not been correctly declared. It would be up to you to prove otherwise were you subject to an investigation.

What would happen if I gave my TIN in my country of origin?
If, for example, you gave your National Insurance number in the UK, but were living in Italy, then the UK authorities would consider you a UK tax resident and tax you there. That may be your preference, but should any institution or Government suspect that this is being declared falsely then the consequences could be severe. The logical conclusion here is that if you are making payments in Italy on a regular basis and/or sending money to an Italian bank account then this information would be red flagged.

So what should you do if you are NOT ‘in regola’ yet?
From the people that I spoke with this summer, it seemed that a number were afraid of giving this information because it would highlight any money/assets which have not been declared correctly to date. The sad news is that you are probably too late. They know already, hence why you received the letter.

My advice is always the same. The past cannot be corrected but you can change your future. Hiding and hoping the problem will go away is no longer an option. The only solution is to get your financial situation ‘in regola’.

WHAT WILL I PAY?
How you declare your money and how much you will pay is another question and one that can only be calculated by a commercialista, but it does make sense to have a look at your whole financial situation and see what damage limitation you can do by planning efficiently as a tax resident in Italy. That is my specialty and I always recommend you contact me before going directly to the commercialista because there may be ways to mitigate any tax burden before you make that first tax declaration. Once the first tax declaration is in, any subsequent changes can be difficult and costly to rectify.

“Never look back unless you are planning to go that way”

Do you know the rules around domicility?

By Derek Winsland - Topics: domiciled, Events, France, Habitual Residence, Residency
This article is published on: 1st September 2017

01.09.17

Like many in France, I took time off this month, and to while away the time, caught up on some industry articles. One such article was written by Old Mutual International that presented the results of a small survey it can conducted amongst ex-pats regarding what they believed were the rules around domicility.

It asked the respondents six questions, and the answers were sufficiently enlightening that I thought I’d share them with you.

1. British expats mistakenly believe they are no longer UK domiciled
Everyone has a domicile of origin, acquired at birth. For UK nationals, it’s possible to acquire a new domicile (a domicile of choice) by settling in a new country with the intention of living there permanently. However, it is not always guaranteed that one can lose one’s UK domiciled status and acquire a new one, as there are no fixed rules (as you would expect from HMRC) as to what is required.

Living in another country for a long time, although an important factor does not prove a new domicile has been acquired. Among the many conditions that HMRC list, it states that all links with the UK must be severed and they must have no intention of returning to the UK.

Research* shows 74% of UK expats who consider themselves no longer UK domiciled still hold assets in the UK, and 81% have not ruled out returning to the UK in the future. This means HMRC is likely to still consider them to be deemed UK domiciled.

2. British expats mistakenly believe they are only liable to UK inheritance tax (IHT) on their UK assets
As most British expats will still be deemed UK domiciled on death, it is important to understand that their worldwide assets will become subject to UK IHT. A common misconception is that just UK assets are caught. This lack of knowledge could have a profound impact on beneficiaries.

Before probate can be granted, the probate fee and any inheritance tax due on an estate must be paid. With UK IHT currently set at 40%, there could be a significant bill for beneficiaries to pay before they can access their inheritance. Setting up a life insurance policy could help ensure beneficiaries have access to cash to pay the required fees. Advisers setting up policies specifically for this purpose must ensure they place the policy in trust to enable funds to be paid out instantly without the need for probate.

Research* shows a staggering 82% of UK expats do not realise that both their UK and world-wide assets could be subject to UK IHT.

3. British expats mistakenly believe they are no longer subject to UK taxes when they leave the UK
All income and gains generated from UK assets or property continue to be subject to UK taxes. Some expats seem to think that just because they no longer live in the UK they don’t need to declare their income or capital gains from savings and investments or property held in the UK. By not declaring the correct taxes people can find they end up being investigated by HMRC, and the sanctions for non-disclosure are getting tougher.

Research* shows 11% of UK expats with UK property did not know that UK income tax may need to be paid if their property is rented out, and 27% were unaware that Capital Gains Tax may need to be paid if the property is sold.

4. British expats mistakenly believe that their spouse can sign documents on their behalf should anything happen to them
The misconception that a spouse or child or a professional will be able to manage their affairs should they become mentally incapacitated is leading people to think they don’t need a Power of Attorney (POA) in place. This could result in families being left in a vulnerable position as their loved ones will not automatically be able to step in and act on their behalf. Instead, there will be a delay whilst they apply to the Court of Protection to obtain the necessary authority. This extra complication is all avoidable by completing a lasting POA form and registering it with the Court of Protection.

Research* shows 44% of UK expats wrongly believe their spouse will be able to sign on their behalf should they become mentally incapacitated.

5. British expats unsure if their will is automatically recognised in the country they have moved to
It is wrong to assume a will or POA document is automatically recognised in the country in which they move to. Often overseas law is driven by where the person is habitually resident, and the laws of that country will apply. Therefore, people may require a UK will and POA for their UK assets and a separate one covering their assets in the country they live. The wills also need to acknowledge each other so as not to supersede each other.

Research* shows 50% of UK expats do not know if a will or POA is legally recognised in the country they have moved to.

If you feel you could be affected by this, or have personal or financial circumstances that you feel may benefit from a financial planning review, please contact me direct on the number below. You can also contact me by email at derek.winsland@spectrum-ifa.com or call our office in Limoux to make an appointment. Alternatively, I conduct a drop-in clinic most Fridays (holidays excepting), when you can pop in to speak to me. Our office telephone number is 04 68 31 14 10.

Enjoying the perfect day together

Le Tour de Finance, Domaine Gayda, 6th October 2017

This year’s event is now fully subscribed and we are unable to accept any more places. If you were wanting to attend, but hadn’t got round to booking, then all is not lost. It’s possible to make a personal appointment to see me in our Limoux office. Please ring either the office or me directly on my mobile.

Common Reporting Standards

By Derek Winsland - Topics: common reporting standards, Exchange of Information, France, International Bank Accounts, Le Tour de Finance, Residency
This article is published on: 27th July 2017

27.07.17

Over the last few weeks, I’ve witnessed the application of the Common Reporting Standards initiative in action. Firstly, from my bank HSBC requesting information to be transmitted to the tax authorities both here in France as well as in UK. This week, I received an email from a client who has also received a letter again from HSBC enquiring about his residency.

It’s clear that the sharing of financial information between tax authorities of different countries is now in full swing. Annual reporting by every financial institution into its own tax authority was introduced in January 2016 and I’m seeing more and more examples of this in operation. For the tax authorities, residency is the main focus – where has the individual declared residency, and where are that person’s assets held.

We’re at the stage now where that information is being studied by local tax offices and enquiry letters being sent. But what information is being shared? Overseas bank accounts are the most common example, hence HSBC and others enquiring about an account holder’s residency status. Other examples include investment bonds held overseas, ISA accounts, unit trust and investment trust portfolios, share accounts, premium bonds…. the list goes on.

With investments held outside of an insurance-based investment bond, any change of fund either through switching or closure could be liable to capital gains in the hands of the investor, so your local tax office is sure to be interested in learning about this. Income drawn from certain, non-EU jurisdiction investment bonds are viewed very differently here in France. And remember, ISAs carry no tax advantages here, so any switches, partial encashments, or sales of funds made by a UK financial adviser or investment manager could have repercussions for the investor resident in France.

If you’re tax resident in France, you are obliged to list all overseas investments and accounts on your annual tax declaration; non-disclosure can result in fines ranging from €1,500 per account up to €10,000 depending on where the account is held. These fines are also per year of non-disclosure.

Quite often we see situations where doing nothing has proved to be an expensive mistake so if ever there was a time to get your financial affairs in order, it is now before the Fisc comes calling. If you’re resident in France, your local tax office can look back through previous years as well, so long forgotten ISAs cashed in can potentially appear on its radar.

If you would like information on how best to re-organise your investments to make them tax-compliant, we are staging the latest in our series of popular Tour de Finance events in the Limoux area on Friday 6th October. Open to everyone, the event, held at Domaine Gayda in Brugairolles is now in its ninth year. Always a popular event, you are urged to order tickets well in advance. There will be a series of short presentations during the morning, culminating with lunch and an opportunity to sample the local wines. If you would like to attend, please email me for your tickets, numbers are limited, so I urge you not to delay.

Subjects covered during the morning include:
Brexit
Financial Markets
Assurance Vie
Pensions/QROPS
French Tax Issues
Currency Exchange

If you have personal or financial circumstances that you feel may benefit from a financial planning review, please contact me direct on the number below. You can also contact me by email at derek.winsland@spectrum-ifa.com or call our office in Limoux to make an appointment. Alternatively, I conduct a drop-in clinic most Fridays (holidays excepting), when you can pop in to speak to me. Our office telephone number is 04 68 31 14 10.

Tips on choosing a Financial Adviser?

By Amanda Johnson - Topics: France, Residency, Spectrum-IFA Group
This article is published on: 11th July 2017

11.07.17

This is a very important question and one raised many times in forums and during seminars. I think there are six key factors in choosing a financial adviser who will be right for you:

Can I work with the adviser?
A financial adviser is someone who is not just here for your needs today, but someone who will be around for the long term. As your needs change, your adviser needs to be able to go through these changes and tell you when the French or UK government make changes that can impact your financial position.

Who do they work for?
It is important that you get an understanding of the company your adviser works for. Google them, or look for forum threads, to see how other expatriates have found dealing with them. It is important to know not just that they have a good reputation, but that they are quick to act in the event of any issues which may arise.

Are they regulated within the country you live?
Whilst the UK can still “passport” financial products to the EU, there is no guarantee that this will continue seamlessly after Brexit. One way you can ensure whatever happens that you face the least amount of change is to deal with a company regulated in the country where you live.

What is the advisers experience and history with their company?
Has your financial adviser a history of financial advice and not just a background in financial services? You want to ensure that the knowledge they have is relevant to your financial needs. It can also provide comfort if you know your adviser has been with their current company for some time.

Can they provide testimonials from recent customers?
There are few better ways of putting your mind at rest than asking your adviser if you could speak over the phone to one of two of their existing customers. It provides great peace of mind, when looking at a new financial partner.

Are they open and transparent, regarding any costs and fees involved in using them?
When you first meet your adviser, ask them for any terms of business and how working with them would progress. Be sure to ask whether there are any upfront costs involved and what the ongoing fee structure will be. You should know in advance of any commitment how they will deal with you and your estate.

 

Whether you want to register for our newsletter, attend one of our road shows or speak to me directly, please call or email me on the contacts below & I will be glad to help you. We do not charge for reviews, reports or recommendations we provide.