Non-domicile taxation Finance Bill 2017

Similar documents
APRIL 2017 UK TAX CHANGES: BE PREPARED

Deemed UK Domicile Changes Action Required Now!

Reform of the Non-Dom Regime - December 2016

Summary of UK tax changes coming into force from 6 April 2017

The non-dom newsletter

A) Deemed domicile income and CGT (clauses and schedules 8-9)

Update. Changes to the taxation of non UK domiciliaries first thoughts. Private client tax. Deemed domicile

CHANGES FOR NON-UK DOMICILES: DEEMED DOMICILE FROM 2017

Major taxation changes ahead for non-uk domiciliaries are you prepared for 6 April 2017?

The non-dom newsletter

BRIEFING FOREIGN DOMICILIARIES WHERE ARE WE NOW? Introduction

TAX CHANGES FOR NON-UK DOMICILIARIES DRAFT FINANCE BILL 2017 DECEMBER 2016 UPDATE

Foreign domiciliaries and trusts. IHT changes to residential property. Speaker: Giles Clarke. A. Deemed Domicile

Countdown to 6 April 2017 for non-uk domiciliaries

Welcome. UK Tax Update Jason Laity. 7 December, 2016

STEP ADVANCED CERTIFICATE IN UK TAX FOR INTERNATIONAL CLIENTS

TRUSTEE LOANS - AVOIDING UK TAX PITFALLS

REFORM OF THE TAXATION INDIVIDUALS CONSULTATION DOCUMENT OF NON DOMICILED OF 17 JUNE SPEAKER: GILES CLARKE 7 September 2011

15 Old Square, Lincoln s Inn London WC2A 3UE. Amanda Hardy QC

Reform of the taxation of non-doms: non-resident trusts and entities

Rebasing and the changes to the CGT foreign capital losses election - professional bodies Q&As

CONTENTS CAPITAL GAINS TAX SIMPLIFICATION CAPITAL GAINS TAX SIMPLIFICATION. Introduction DOMICILE AND RESIDENCE

Non Domiciled Individuals

The non-dom newsletter

HMT: Reforms to the taxation of nondomiciles. The Law Society's response November The Law Society. All rights reserved.

The non-dom newsletter

Schedule A1 Inheritance tax on overseas property representing UK residential property Assume in all cases that the companies are close and that the

DISCUSSION DRAFT POSSIBLE TREATMENT OF OFFSHORE SETTLEMENTS FOR NON- DOMICILIARIES AFTER 6 APRIL 2017

INHERITANCE TAX RELIEFS: EXPENSES AND LIABILITIES

The non-dom newsletter

BLICK ROTHENBERG UK reporting obligations and UK Taxation of offshore structures

UK year end tax planning: the essential guide

TAX DISPUTE RESOLUTION THE REQUIREMENT TO CORRECT A NEW COMPLIANCE OBLIGATION FOR UK TAXPAYERS

TAX DISPUTE RESOLUTION. THE REQUIREMENT TO CORRECT A new compliance obligation for UK taxpayers

Offshore trusts: anti avoidance consultative clause and Schedule (published 13 September 2017) Response by the Chartered Institute of Taxation

The Law Society's response. January The Law Society. All rights reserved. PERSONAL/IAD-EU /8

Personal tax and trust planning

PROJECT TITLE UK PROPERTY TAXES UPDATE

UK PROPERTY TAXES COMMERCIAL AND RESIDENTIAL UPDATE JUNE 2018

Domicile & Trusts in the era of Finance Bill 2017 Oliver Marre

Private Client Briefing

UK Residence and Domicile

FINANCE BILL/FINANCE ACT UPDATE. Robert Jamieson MA FCA CTA (Fellow) TEP 18 October 2017

Deemed domicile changes trust protections

STEP comments on Reforms to the taxation of non-domiciles draft legislation issued on 5 December 2016

Moving to the UK. A briefing note on the UK tax implications for high net worth individuals

Draft Finance (No.2) Bill 2017

ICAEW REPRESENTATION 109/17 TAX REPRESENTATION

Foreign Tax Alert Stay informed of new developments

Residence and domicile and the taxation of overseas income

THE TAXATION OF UK RESIDENT NON- DOMICILIARIES ( RNDs )

COMMON STRUCTURES IN ESTATE PLANNING. By John Gill, Partner, Matheson Allison Dey, Principal, Allison Dey Solicitors

ICAEW REPRESENTATION 13/17 TAX REPRESENTATION

Year end tax planning guide 2017/2018

Title: Bare Trust. Beneficiary is entitled to the income and entitled to the capital at age 18.

Any trust income must be included on the beneficiary s self-assessment return.

TAP Personal Tax Tips 2017/18

UK Residential Property Update. Accounting & Tax. trusted to deliver...

Private Wealth. Reforms to the Taxation of UK Residential Property

ICAEW REPRESENTATION 26/17 TAX REPRESENTATION

Income not attributable to a beneficiary is taxed to the trustee rate of tax at

CHAPTER 9 RELEVANT PROPERTY TRUSTS FURTHER ASPECTS

Information. Outline of Capital Gains Tax. Introduction. Scope of CGT. Chargeable assets. Basic principles

The new era non-residents and UK residential property

Simply complete the booking form at the back of this brochure and forward to

TAX PLANNING CHECKLIST FOR YEAR END

In the first of a two-part series, Emma Chamberlain considers the capital gains tax issues arising on divorce

Trust Referencer. Focused Report. for. A life interest arising in a Will. Report includes the following sections

TAXguide 13/18 Inheritance tax on overseas property representing UK residential property

Taxing UK residential property. Presentation to the STEP conferences, Autumn 2017

CHAPTER 1 INTRODUCTION TO TRUSTS

Tax Issues for landlords of UK residential properties

Introductory Guide to UK Tax Residence and Domicile

CONTENTS THE ABOLITION OF THE SETTLOR-INTERESTED TRUST PROVISIONS FOR CAPITAL GAINS TAX. The current position: The proposed change:

January Table 3 - Personal taxation pages 13 and 14

International Wealth Planners

Andy Lee Marketing Director. Today s Agenda. Tax Planning Issues. Recent Budgets Tax Planning Issues. Changing Shape of UK Tax Environment

Finance Bill published

This factsheet sets out the rules which deal with the taxation in the UK of income arising outside the UK, for non UK domiciled individuals.

Tax Briefing. 5 October 2016

Non-resident capital gains taxation on direct and indirect sales of UK property

Changes to the taxation of non-uk trusts Round Two

YOUR GUIDE. Year End Tax Planning 2016/17

Annual Tax Update 2017

Aegon pilot trust a guide

AF1/J02 Part 4: Taxation of trusts (2)

The US Ireland Connection John Gill and Lydia McCormack

Tax Planning for Individuals

YEAR END TAX PLANNING

DEEMED DOMICILE CHANGES - TRUST PROTECTIONS

TAXguide 05/18. Cleansing of mixed funds professional bodies Q&As CONTENTS. Version 3 updated for HMRC comments and some typos Published 13 March 2019

... A guide to the suitability of offshore bonds for UK professional advisers. Summary of the Budget Measures

Tax Planning for US Bound Clients

GOVERNMENT CONSULTATION ON TAXATION OF RESIDENTIAL PROPERTY PROPOSED CGT, ANNUAL CHARGE AND SDLT MEASURES

THE 2015 CHANCELLORS PRE-ELECTION BUDGET JOHN GREEN ANNE WILSON LISA KENNERY NADEEM HUSSAIN

March 2012 Budget Statement. The key announcements by the Chancellor are outlined below.

The taxation of UK residential property: changes and proposals

Version 1 without HMRC comments see foreword - published 27 March 2018

TAX DATA 2018/ BUDGET EDITION 22 NOVEMBER CHANCERY LANE LONDON WC2A 1 LS

Canadians with International Assets

Transcription:

Non-domicile taxation Finance Bill 2017 1

Non-domicile taxation: background Major changes to taxation of UK resident nondoms in 2008 Further changes in 2009, 2010, 2012, 2013, 2014 and 2015 Major reforms planned for 2016, but shelved to 2017 Effective from 6th April 2017 2

From 6th April 2017 End of permanent non-dom status for all taxes (income tax, CGT, IHT) 15/20 years residence limit immediate loss of nondom status for those returning to the UK with UK domicile of origin Extension of IHT to UK residential property held by non-doms through offshore structures Transitional protections- rebasing, cleansing, overseas golden trusts 3

Cleansing of mixed funds Not a transitional provision Not restricted to those becoming deemed domiciled Restricted to 2017/18 & 2018/19 two year opportunity Applies to anyone taxed on the remittance basis before 2017/18 Excludes those born in the UK with a UK domicile of origin 4

Cleansing in practice Account A 100 Foreign Income 100 Foreign Income 200 Foreign Gains 500 Clean Capital Account B 200 Foreign Gains Account C 500 Clean Capital 5

Cleansing in practice 100 Foreign Income 200 Foreign Gains Account B 500 Clean Capital 500 Clean Capital 6

CGT rebasing Transitional provision rebasing personally held overseas assets to 5 th April 2017 market value Available for anyone who: - becomes deemed domiciled from April 2017/2018 - made a remittance basis election before 2017/2018 - disposes of an overseas asset after 6 April 2017 Excludes those born in the UK with a UK domicile of origin 7

CGT rebasing Applies to: - any non-uk situs asset held by an individual giving rise to a gain - Disposal of assets outside the UK after 6 April 2017 - Assets held overseas between 6 March 2016 and 6 April 2017 Elections for rebasing not to apply 8

Protections for offshore trusts The Government intends to protect overseas trusts:- Created by UK resident non-doms who become deemed domiciled Provided the trust was created when they were non domiciled However The Government thinks it is fair to ask deemed domiciled individuals in the UK to pay tax on: Benefits received from offshore trusts by them, their spouse or minor children Benefits received from underlying entities 9

Protections for offshore trusts Treatment of capital gains: No more washing out of trust gains by capital payments made to non resident beneficiaries after 5 April 2017 Surplus overseas capital payments as at 5 April 2017 not capable of being matched against future trust gains All deemed domiciled individuals will be taxed on capital payments (by matching against trust gains) wherever received 10

Protections for offshore trusts Taxation of foreign income The settlor charges under the settlements legislation and the Transfer of Assets Abroad legislation will be disapplied from 6 th April 2017 in respect of protected foreign source income regardless of whether the settlor becomes deemed domiciled on 6 th April 2017 or remains foreign domiciled for tax purposes Protected foreign source income will only be taxed on the non domiciled or deemed domiciled settlor by reference to the benefits received by the settlor or their close family members The settlor will be taxed on benefits received world-wide if resident and domiciled at the time but only on benefits received in the UK if resident and non-domiciled and a remittance basis user for that year 11

Protection for offshore trusts Tainting Protections will be lost permanently if property or income is added to the trust after the settlor has become deemed domiciled If the settlor later becomes non domiciled even though he is non dom he will not get any protection if additions made to a previously tainted trust Where protection is lost due to tainting or where the settlor has become domiciled under the Returning UK dom rule, foreign income within settlor interested trusts will be taxed on an arising basis on the transferor while UK resident. 12

Protection for offshore trusts Close Family member Payments to close family members of a UK resident settlor made after 5 April 2017 matched against income and gains arising in the trust will be taxed on the settlors according to their status target non resident close family members Close family members are defined as the spouse, cohabitee and minor children of the settlor but not the grandchildren There will be a right of reimbursement from the trustees or the beneficiaries where the settlor has been taxed in respect of a benefit paid to a close family member 13

Protections for offshores trust Recycling New rule to ensure that a payment being made to a non resident or remittance basis user (A) who then lends or gives it back to a beneficiary in the UK (B) within 3 years, is taxed on the UK resident beneficiary Capital payments will be taxed by reference to B s status at the time of receipt by B The process is repeated for longer chains 14

IHT and UK residential property Standalone measure Applies to those not affected by deemed domicile rule Long-standing anomaly with IHT and non-doms Amendment to definition of excluded property in section 6 & 48 IHTA IHT charged on UK residential property interests IHTA rules otherwise unchanged 15

UK residential property interests Based on existing definition of a dwelling for non-residents CGT IHT charged where the interest is held by a non-domiciled individuals Or a trust through: - A close company; - A partnership (including LLPs); or - A relevant loan Where the value of the property is attributable to that interest 16

Relevant Loans Interest of a creditor Money used as loan security, collateral or guarantee Loans used to finance: - the acquisition, maintenance or enhancement of a UK residential property interest - The acquisition of a right or interest in a close company or partnership by an individual or a trust 17

Further Rules Disposal of UK residential property interest (as defined in Part 1) - Disposal proceeds not excluded property for two years following the disposal 1% de minimis rule Double taxation agreement (India, Pakistan, Sweden) - IHT charged where not charged elsewhere or at 0% Anti-avoidance rule 18