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Top 6 tax year end considerations for foreign expats living in the UK

31/01/2017

As tax year end approaches, people will be rushing to ensure they maximise their annual allowances and have their finances in good shape. This deadline applies equally to foreign expats (often referred to as non-UK domiciles) living in the UK as it does to those who were born in the UK. In fact, this year, foreign expats may have even more considerations due to new regulations coming into force from 6 April 2017. 

Here are the top 6 tax year end considerations for foreign expats in the UK:

1. Inheritance tax implications for those living in the UK for 15 years:

From 6 April 2017, the calculation used to determine when a foreign expat (non UK-domicile) living in the UK becomes deemed UK domiciled for tax purposes will tighten. The timescale will reduce from 17 out of 20 years to 15 out of 20 years.

For anyone approaching the 15 year deadline, they will need to take advice regarding inheritance tax (IHT), as once they become deemed UK domicile they will become liable to UK IHT on their world-wide assets.

2. Implications for those on the remittance basis approaching the 15 year deadline:

Foreign expats living in the UK can choose to pay tax on a ‘remittance basis’, which means they are not required to pay UK tax on their foreign assets. Once a foreign expat has been in the UK for five years, they need to start paying HMRC a charge each year to remain on the remittance basis. They can continue on the remittance basis until they become deemed UK domiciled (which will be once they have been in the UK for 15 out of 20 years).

Those on the remittance basis approaching this 15 year deadline may benefit from taking immediate action. They have a window of opportunity to help ensure their overseas finances are structured in the best way possible. For example, assets can be placed in an Excluded Property Trust, a legitimate way of mitigating any income and capital gains tax arising from assets held outside the UK. Assets will need to be placed inside the trust before they become deemed UK domiciled.

3. Any UK property held through an offshore company structure should be reviewed:

From 6 April 2017, foreign expats investing in UK property through an overseas corporate structure or trust, known as ‘enveloping’, will no longer be excluded from UK IHT. HMRC will essentially ‘see through’ the corporate structure, making them ineffective from an IHT planning perspective. 

It might make sense for these structures to be unwound as they will no longer be effective and may not justify the ongoing fees involved. If individuals are concerned about their exposure to UK IHT, they may benefit from some estate planning to help ensure beneficiaries have enough money to pay any IHT liability.

4. Maximise ISA and pension contributions:

Foreign expats living and working in the UK (paying UK income tax) are able to invest in ISAs and pensions and benefit from tax efficient investing in the same way as those who were born in the UK. This can help their investments grow tax efficiently while they are in the UK, and they can continue to hold the investment when overseas, though the tax advantages may be limited.

5. Utilise Capital Gains Tax (CGT) allowance:

Foreign expats living in the UK are liable to UK CGT on their UK and world-wide investments (those on the remittance basis are liable to UK CGT on their UK assets only). This means they are entitled to an annual tax-free allowance, currently £11,100. Making the most of the annual allowance by selling investments and recognising the gain on a regular basis could prove highly effective.

6. Utilise annual gift allowance:

On death, foreign expats are liable to UK IHT on their UK assets. They are also liable to UK IHT on their worldwide assets if they have been in the UK for 15 years – as explained above. Utilising the annual gift allowances of £3,000 a year can be an effective way of passing wealth on to future generations bit by bit, rather than waiting and storing up future IHT problems.

Rachael Griffin, financial planning expert, Old Mutual Wealth, comments:

“Foreign expats have legitimate tax planning opportunities available to them, in much the same way as UK nationals do. It is important to seek professional advice before the tax year end deadline to maximise these opportunities and ensure finances are structured in the most effective way possible. Professional advice is especially important for those who have been in the UK for nearly 15 years, as any restructuring of overseas assets may need to take place prior to them becoming deemed UK domiciled for tax purposes.” 

For more information contact

Sophie HeywoodOld Mutual Wealth02380 91677007834 499558sophie.heywood@omwealth.com

Notes to Editors:

Old Mutual Wealth is a leading wealth management business in the UK and internationally, helping to create prosperity for the generations of today and tomorrow.

Old Mutual Wealth oversees £131.3 billion in customer investments (as at 30 September 2017).

It has an adviser and customer offering spanning: Financial advice; investment platforms; multi-asset and single strategy investment solutions; and discretionary fund management.

The business is comprised of two segments: Wealth Platforms and Advice and Wealth Management.

Wealth Platforms includes the Old Mutual Wealth UK Platform; Old Mutual International, including AAM Advisory in Singapore; and the Old Mutual Wealth Heritage life assurance business.

Advice and Wealth Management encompasses the financial planning network, Intrinsic; Old Mutual Wealth Private Client Advisers; discretionary fund management business, Quilter Cheviot; and Old Mutual Wealth’s multi-asset investment solutions business.

Old Mutual Global Investors (‘OMGI’) is the asset management business of Old Mutual Wealth with £39.8bn funds under management (as at 30 September 2017). On the 19th December 2017, Old Mutual Wealth announced that it has agreed to sell its Single Strategy asset management business to the Single Strategy Management team and funds managed by TA Associates. The proposed transaction is subject to customary closing conditions, including regulatory approvals. 

Following managed separation from Old Mutual plc, Old Mutual Wealth will rebrand to Quilter plc. Each of the businesses within the Quilter Plc group will be rebranded over a two-year period, with the exception of Quilter Cheviot, which will retain its existing name.

Old Mutual Wealth is part of Old Mutual plc, a FTSE 100 group that provides life assurance, asset management, banking and general insurance. Old Mutual is trusted by more than 19.4 million (as at 31 December 2016) customers across the world and has a total of £212.3 billion of assets under management (as at 30 June 2017).

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