When to keep ‘unsuitable’ investments

A lot of people contact me believing they cannot keep certain investments. As I said in my article last week, it’s all about the subtleties, so let’s look at some examples.

Individual Savings Account
For Non Habitual Residents (NHRs), interest and dividends are tax exempt during the 10-year period but realised gains are taxed at 28%. For non-NHRs, interest, dividends and gains are taxed at 28%.

If your move to Portugal is short-term, or if you are not certain that it will be your long-term home, then there is a case for retaining your ISAs. Although you cannot add to them whilst non-UK resident, you can continue to hold them, and once you return to the UK they resume their tax-efficiency.

A planning point you may wish to consider if you have a stocks and shares ISA is to ‘rebase’ by selling and then immediately repurchasing the same funds within your ISA prior to leaving the UK to ‘wash out’ any taxable gains accrued to the point of your departure. This way, if you did decide to restructure, encash, or withdraw from the ISA as a Portuguese tax resident in the future, there would be litle or no tax to pay in Portugal.

As a general guideline, if you believe your move to Portugal is long-term (as a rule of thumb, 5 years or more) then restructuring and starting an investment vehicle that is suitable for residency in Portugal would make sense for greater tax efficiency, amongst other reasons. If this is the case, planning well in advance is advantageous, as there is no tax on ISA closure for UK residents.

Investment bonds
‘Non-compliant’ bonds are those that are not officially recognised by the Portuguese authorities. Usually all premiums paid into ‘compliant’ bonds are taxed, albeit at a very small amount. This effectively registers their tax favoured status and guarantees the tax breaks, assuming all conditions are met.

There may be a case to retain a non-compliant structure if you do not intend to make withdrawals because there is no tax to pay if nothing is taken out. However, you should still review the plan as there may be lower cost or newer options out there. If you do withdraw funds, we have seen some non-compliant bonds benefit from the same tax treatment as compliant bonds, but there is no guarantee.

Encashment would be a good idea if the policy originates from a blacklisted jurisdiction as tax on gains is punitive at 35%, rather than 28% or less depending on how long the policy is held. Also, if you want to guarantee the tax advantages and policy qualification, you will want to ensure you are holding a Portuguese compliant product. Other points that might affect the decision are how succession laws are affected, policy flexibility, currency and fund choice, and the consumer protection offered.

UK pensions
Pensions are a more complex area of planning and if you get it wrong, it could have consequences for your future lifestyle or ability to support yourself in retirement.

You should always seek personalised qualified advice when addressing your retirement planning, but as some food for thought:

You may wish to retain your UK pension if you have no lifetime allowance issues or do not plan to take withdrawals during your lifetime. Again, you should still review the pension regularly. You might look transfer to an EU based scheme if your total pension benefits are close to, or more than, the UK lifetime allowance (currently £1,073,100), or you are concerned about currency fluctuations and want certainty. You might even withdraw completely if you have NHR, no UK Inheritance Tax or succession planning considerations and want tax-efficiency post-NHR in Portugal.

There are of course many other investments or structures out there such as premium bonds, EIS, VCTs, trusts, QNUPS etc. that may or may not work for you in Portugal and I suggest you discuss your options with a qualified and experienced professional.