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Can you make decent profits without a degree of market risk?

By Spectrum IFA
This article is published on: 22nd October 2015

22.10.15

My article last month focussed on types of risk that that can present danger to the unwary investor. My top two risk types were Institutional Risk and Market Risk, but I concentrated mainly on my third risk factor – Foreign Exchange, largely because of my previous experience in this field. I was quite surprised by the interest the article produced, partly because the people who commented weren’t really ‘grabbed’ by F/X risk; but rather more interested in the other two categories. Can the modern investor really fall foul of institutional risk? Is anyone really daft enough to think that you can have decent profits or returns without taking on some degree of market risk? Unfortunately, the answer to both those last two questions is yes. I thought you might be entertained if I gave you some examples that hopefully won’t ring too many bells from your own experiences…

In 2009 I met a very interesting lady who was referred to me by a colleague in Spain, not that that is particularly relevant, but I did end up wondering if she’d had too much sun.   All I knew before I met her was that she was due to receive a large sum shortly, and she wanted some investment advice. I spent ninety minutes with her, most of which was taken up with a battle of hope over reality. This unfortunate lady had been investing for a number of years with an organisation called The Liberty Wealth Club, and was 100% confident that she would be receiving a pay-out of $150,000 from the club in a matter of weeks. The more I listened, the more appalled I became, for this was truly a forerunner of a ‘Ponzi’ scam, labelled and outlawed in the UK as a Multi-Level Marketing scheme. Nothing I could say to her would make her listen. In the end, I told her that I would be delighted to help her invest her funds when they arrived, and we agreed to meet again on that basis. I never heard from her again.

A year or so later I took on a new client with a much more understandable problem. He had bought an apartment in Spain ‘off-plan’, with a view to selling it on before completion, at a healthy profit. As far as I’m aware, to this day he is still the legal owner of this apartment, although he returned the keys and stopped paying the mortgage years ago. It is a nightmare waiting to revisit him.

Another client with a similar problem bought a flat in Budapest, again unbuilt and ‘off plan’. The amount invested was sizeable, and it took four years for a brick to be laid. In desperation he eventually managed to sell it at a 60% loss.

Undeterred, this same client, before I met him I might add, then decided to invest in a forestry scheme designed to give him a regular income payment for the rest of his life. Unfortunately a drought seems to have interfered badly enough for the income to have dried up (sorry) completely.

Recently I have come across a mind-boggling concept called GCR – Global Currency Reset. Please, please, do not let anyone persuade you to invest any of your hard earned cash building up reserves in currencies such as the Iraqi Dinar or the Vietnamese Dong in the expectation that they will soon be revalued overnight and make your fortune. Believe me, this is not going to happen.

Sane people make these totally irrational investment decisions, albeit whilst temporality on the throes of some form of dangerous mental instability, as it is the only justification I can think of. Please do not be tempted to join this group of dramatic under-achievers. Sound financial advice may seem boring; much along the lines of ‘single digit gains’ and ‘realistic investment profiles’. Sound financial advice will however always save you from the nightmares that can result from your own flights of fancy, should you be that way inclined. And believe me, some of you are.

The UK’s future membership of the EU

By Spectrum IFA
This article is published on: 13th October 2015

13.10.15

As the media hype heats up over the question of the UK’s future membership of the EU, clients are already asking what will happen if the outcome of the referendum is to leave the EU?

The simple answer is that we do not really know because a country has never left the EU. What we do know is, as British expatriates ourselves, we will be affected in the same way as our clients.

The more complicated answer is that it will depend upon whether it is a ‘soft exit’ or a ‘hard exit’.

A soft exit would be, for example, remaining as an EEA State (in the same way as Norway, Iceland and Lichtenstein). As such, the UK would still have access to the single European market and full freedom of trade within the EU. However, in addition, the UK would be free to negotiate bilateral trade agreements with countries outside of the EU, something that is not possible with full EU membership. The UK would still have to adhere to EU product and financial regulations, as well as social and employment rules. EU budget contributions would still be required, although at a reduced level. Ability to restrict inward EU migration would not be allowed.

A ‘hard exit’ would take the UK outside of the EEA, resulting in it having no automatic access to trade within the EU, but it could continue to negotiate trade agreements with non-EU countries. There would be no more EU budget contributions and also no requirement to adhere to EU Regulations. Inward EU migration could be restricted.

With a ‘hard exit’, as British expatriates living in France, we would need to apply for a Carte de Séjour, but if already resident in France for 10 years, may be granted a Carte de Résidence. Certificates S1 would become a thing of the past and so British expatriates would have to pay cotisations for French health cover. Equally, EU nationals living in the UK, would no longer have an automatic right to live and work there.

The referendum is to take place by the end of 2017, but it is more likely now that it will be in 2016. What we can be certain about is that in the period leading up to the referendum, there will be uncertainty – in capital markets (particularly in the UK) and in currency markets (Sterling is likely to be under pressure).

As if the referendum was not enough to think about, we also have to continue playing the guessing game with central bank policy! It was widely expected that the Fed would start to increase US interest rates in September, but that was not to be. Whilst an increase is not entirely ruled out before the end of this year, no-one can be certain. It is unlikely that the UK will move on interest rates before the US.

In times of such uncertainty, it is more important than ever to seek advice on how to protect your wealth. At the Spectrum IFA Group we have a range of solutions to offer clients, depending upon attitude to investment risk and objectives. For example, have a range of capital protected investments and other low volatility multi-assets funds available. Hence, clients’ portfolios can easily be adjusted to protect their wealth, as and when necessary, something that is particularly appropriate during times of volatile markets.

Even when markets are not volatile, the benefits of diversification gained through investing in global multi-asset portfolios cannot be overstated. If this is combined with using investment management firms that have the size and capability to carry out extensive research into global markets, and investment risk is managed effectively, this considerably increases the chances of the clients’ investments performing better than the average over the medium to long-term.

Some people may be afraid to invest in capital markets during times of uncertainty. However, sitting with large amounts of cash in a bank is not risk-free. Apart from institutional risk, there is the real enemy of inflation, which can erode the real purchasing power of your capital, particularly since interest rates continue at ‘all-time lows’. Holding cash in the bank should really only be for short-term needs which of course includes any short-term capital projects that you might have planned, as well as a cushion for emergencies. Bank deposits are not usually appropriate for medium to long-term investment.

The investment solutions that we recommend to our clients are all carried out within tax-efficient products, which are also highly beneficial for inheritance planning in France. Everyone is different and that is why it is very important that we carry out a full review of a prospective client’s situation to find the right solution for them. It is equally important to ensure that this is kept under review and to not be afraid to make adjustments, when necessary.

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 on the subject of investment of financial assets or the mitigation of taxes.

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 spectrum-ifa.com/spectrum-ifa-client-charter

Cogs4Cancer 2015 – Barcelona to Antibes

By Spectrum IFA
This article is published on: 8th October 2015

The Finish Line

Just after 5pm the peloton arrived into the IYCA Quay in the port of Antibes. The 24 strong group of riders had completed 870km in five days – a momentous feat by any standard. As the riders approached the quay they were re-joined by approximately 80  riders riders that had joined them for the last 88km on the French Tribute Ride. The superyachts at berth along the quay hooted their horns in celebration with over 200 other people waiting to greet the riders at the finish line.

The Spectrum IFA Group had sponsored Lee Mutch and the Cote d’Azur team were on hand to congratulate Lee and the other riders on finishing the trip.

As of Saturday Cogs4Cancer 2015 has raised €252, 716.70

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Day Five – the final stage

Cogs4 Cancer Tribute Ride – La Ciotat to Antibes

stage5Friday 9th October, the final stage but one of the longest days ride with about 180km to covered. Saddle soar, battered and bruised, the riders will definitely be looking forwardt o today’s ride. After completing about 100km the main team of riders will be meeting the guys and girls in Cogolin for the Tribute Ride in to Antibes. With the extra 80 plus riders bring home the main team, the afternoon will be a little more relaxed and jovial!

The whole team of riders are expected to enter the IYCA Quay for the official finish line for about 17.00. So if your in the Antibes area Friday afternoon,  join us all welcoming in the Cogs4Cancer riders.

Don’t forget to keep up to speed with the riders en-route with the live tracking here .

If you feel their efforts are worthy you can also donate here

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Day Four

Thursday 8th October, the penultimate day and the finish line in sight…well, almost! After yesterday’s ride, probably the most challenging yet, the team are certainly on the home straight. Leaving from Nimes, the team will ride south-east towards Aix-en-Provence which will be at their 110km mark. After taking in the delights of Aix and the stunning scenery…. they will  sweep further south. The Cogs4Cancer team will head towards La Ciotat for teh Day four finish line, bringing the days total ride to over 170km. Arriving in La Ciotat will be a milestone and they will be met by many friends joining them for the final days Tribute Ride.

Cogs4Cancer stage 4The French Tribute Ride will see upwards of 80 riders joining the main team of 24, to cycle  either 82km from La Ciotat to Antibes or the shorter 33km from Col de Testanier into Antibes on Friday, the final day. Last years welcoming event was superb, with hundreds of family and friends at the IYCA Quay in Antibes to welcome in the saddle sore riders after their 2014 ride from Ancona in Italy. This years welcome celebrations are expected to be even bigger, so if you are in the Antibes area Friday 9th October at about 17.00 join in the festivities and welcoming back the riders after their 850km ride form Barcelona.

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Day Three

Wednesday 7th October will see the riders starting in Narbonne, traveling near the coast along to Agne, then moving up towards Montpellier which is at the 100km mark for day three. Staying inland the team of riders will be heading for the finish line in Nimes, about 169km for the days ride.

Cogs4Cancer stage3Not forgetting the real purpose of this incredible ride.  All proceeds, that means absolutely 100% of the money raised will go to charity. The Cogs4Cancer riders have completely self-funded the whole trip with the support, sustenance and medical assistance through out this week, generously given for free.

The four charities supported are: CANCER RESEARCH UK, L’ARCHET HOSPITAL NICE, CANCER SUPPORT GROUP 06 and ISIS CENTRE AZUREEN DE CANCEROLOGIE WELLBEING PROGRAMME.

Don’t forget to keep up to speed with the riders en-route with the live tracking here . If you feel their efforts are worthy you can also donate here

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Day Two

Tuesday 6th October will take the riders from Figueres in Spain across the boarder into France with the day two finish line in Narbonne, just a little relaxing ride of about 170km! Only three more days in the saddle for team.

Cogs4Cancer stage2Keep up to speed with the riders on the following tracking app here.

In the image gallery below you can see images of the support vehicles supplying the Cogs4Cancer riders with welcome food breaks kindly supplied by the ladies from Gourmet Deliveries and EGP. Delicious food packed full of carbohydrates and protein to keep the guys and girls going.

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Day One

On Sunday the Spectrum Barcelona office turned out to support about 40 riders who joined the Spanish tribute ride, beginning the route at OneOcean Port Vell Marina. The guest riders supporting Cogs4Cancer took the ‘Ronda Verda’ circular route, a circuit for cyclists crossing the natural scenery throughout the Barcelonès county. This route consisted of six main sections: Montjuïc, Llobregat, Riverside Park, Serralada de Marina Park and the Sea Front.

At 07.30 on Monday 5th October the 24 riders will embark from OneOcean Marina Port Vell, Barcelona on a ride that will take them 850km over the next five days with the finish line awaiting them in Antibes, France.

Day one will take the riders along the coast north to Tossa de Mar and then inland continuing north to the stage one finish in Figueres, covering roughly 165km. The Spectrum IFA are proud to be sponsoring Lee Mutch & Cogs4Cancer and will be in Antibes on Friday 9th October to welcome the whole team to the finish line.

Cogs4Cancer stage1   

As of Monday October 5th, Cogs4Cancer 2015 has raised €214.333,51. The four charities supported are: CANCER RESEARCH UK, L’ARCHET HOSPITAL NICE, CANCER SUPPORT GROUP 06 and ISIS CENTRE AZUREEN DE CANCEROLOGIE WELLBEING PROGRAMME.

There is a live tracking of the riders here so you can see the progress. If you feel their efforts are worthy you can also donate here

At The Spectrum IFA Group we feel it is a very worthy cause and so we are proud to have sponsored a rider, Lee Mutch. We wish good luck to all the team.

 

 

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What are the main financial risks as an expat in France?

By Spectrum IFA
This article is published on: 29th September 2015

Age and wealth are often linked. One increases inexorably in a linear fashion, and the other tends also to increase over time, but always in a non-linear way. Following this traditional route, we tend to become more affluent as we get older, barring financial mishaps and accidents of course. This may have something to do with the notion that as we get older we become wiser. That may well also be true up to a point, but then it can occasionally go horribly wrong. Leaving that unfortunate possibility to one side, how can we expats best contribute to our own financial well-being?

All a bit deep that, but here is what I’m getting at. If I were to attempt to present a snapshot of my average client to you, it would be of a couple in their late 50’s to early 60’s who have retired early after successful careers and family building, based either on employment or their own business. Avid Francophiles, they are now ‘living the dream’ funded by the fruits of their former labours. All is well in their world; or at least that is how it appears on the surface. Underneath though, there are concerns, and these concerns are common to all of us. Age and money.

I think very few of us actually like getting older; I certainly don’t. It is becoming more and more difficult to ignore those ‘milestone’ anniversaries. I think of them more as millstones these days. As I suspect is the case with many of us, I tend these days to look my accumulated ‘wealth’ (cough), and wonder if it will last me out. I think it will, and I certainly hope it will, but I’m pragmatic enough to realise that it isn’t a ‘gimme’ (in Solheim cup parlance).

So then I start to look at the variables. What can possibly go wrong? What can I do to defend myself against the risks? What are the risks? I am after all a financial adviser; all this should come naturally to me. To an extent it does, but knowing what is out there doesn’t mean that you necessarily know how to beat it. It does help though. Here is my top three on my list of risks to worry about:

Institutional Risk   –   Basically this means that you put all of your money under the floorboards in the attic, but next year your house burns down, floorboards and all.

Market Risk   – How could putting all your money into VW shares possibly go wrong?

Exchange Rate Risk     –   This is where Murphy’s Law comes into play. Whatever the rate is; whatever you do will be wrong. Otherwise known as Sod’s Law.

Obviously, it is a good idea to work on avoiding these risks wherever possible. I thought long and hard before listing them in this order, but I do think that Institutional Risk stands out. After all, it can wipe you out completely. It can also be avoided completely. The other two cannot be eradicated, although some would argue about F/X risk.

Indeed there was a time when I would have argued that F/X risk can be avoided. In a former life (I’ve told you this before I know), I used to be a foreign exchange dealer in the world of international banking, before it became unfashionable. One of my jobs was to explain to corporate and private clients that F/X risk was the enemy, to be identified and eliminated at all costs; unless of course your job was to make money trading (gambling) in it.

Ten years ago I brought this dogma into my new career as an IFA in France. How long do you intend to stay in France? (forever). Where are your savings? (in the UK, in sterling)… Over the years, the subtleties started to emerge. The collapse of sterling against the Euro; the resulting exodus of thousands of UK ‘snow birds’ from Spain because their UK pensions wouldn’t support them anymore, and the growing realisation that our old enemy ‘age’ was always going to play its trump card; they all contributed to the much changed conversations that have with my clients these days. Strangely though, it is another banking term that now dominates my thinking, namely hedging.   ‘Hedge your bets’. To be honest, I tend to question anyone these days who says that they will never return to the UK. Statistics show otherwise. We tend to base our current view on our current circumstances, preferring not to think about what will happen if we end up on our own. How many UK expats are there, I wonder, in French care homes?

Since the Euro came into existence the £/€ exchange rate has been as high as 1.7510 and as low as 1.0219. In anyone’s language that is an enormous range. Coincidentally we currently sit at almost exactly the half way point between those two extremes, but I don’t see that as any reason for complacency. We need to take this risk very seriously, especially if we accept the possibility that we will one day have no more use for Euros. I have a firm view on the best way to manage this risk, but I’ve run out of space in this edition. If you want to discuss it, you know where to find me.

Le Tour de Finance – autumn 2015

By Spectrum IFA
This article is published on: 25th September 2015

We have been proudly taking part in ‘Le Tour de Finance’ which has now completed nearly 100 events.

The 100th event is in November taking place at the stunning Grand Hotel in Dinard. During 2015 we have already covered events in  Italy, France and Spain that proved to be a huge success. The events are fact filled sessions followed by an opportunity for an informal questions and answers session over complimentary refreshments and a buffet.

The relaxed and open forums are a chance to expand your knowledge of personal finance as an expat resident in France. The panel of speakers are experts in their respective fields and are on-hand to answer questions you may have about protecting and strengthening your personal financial situation while a resident in France.

We welcome you to join us for these autumn events in France.

    •    St. Endreol (Provence) – 7th October register now | more info
    •    Aix en Provence – 8th October register now | more info
    •    Gayda (Languedoc-Roussillon) – 9th October register now | more info
    •    Avrillé, Loire – 11th November register now | more info
    •    Dinard (Brittany) – 12th November – OUR 100th LE TOUR DE FINANCE EVENT! register now | more info

The objective of Le Tour de Finance is to provide expatriates with useful information relating to their financial lives.
 We try and cover frequently asked questions that we receive from our clients. It would be helpful for us to know what your particular areas of interest might be.

Send us your questions and the event you will be attending and we will try and cover them on the day:

Please click here for Le Tour de Finance Questions

Recent financial updates affecting expats in France

By Spectrum IFA
This article is published on: 15th September 2015

There are lots of things happening at the moment in the financial world that affect us as expats living in France. So this month, I am providing a summary of various topics.

Social Charges

This has to be one of the hottest topics around the expat dinner table, at the moment! It all started with the European Court of Justice (ECJ) ruling in February that France should not apply social charges on ‘income from capital’ for French residents who are insured under the social security scheme of another EU/EEA State. For those who want more on the detail of the ECJ ruling, this can be found in my previous article on this subject at https://spectrum-ifa.com/french-social-charges-on-worldwide-investment-income/.

However, despite the fact that the ECJ had made its decision, we still had to wait for France to accept the ruling. Happily, this came through on 27th July 2015, from the Conseil d’Etat, which is France’s highest court. This means that people affected by the ruling can now claim back social charges paid in 2013 and 2014, on investment income and gains. The claim should be made by 31st December 2015, otherwise you will lose the right to get back those paid in 2013.

As concerns social charges due for 2015, the good news is that I have already seen evidence from some clients’ tax bills that the social charges have not been applied. On the other hand, we all know that one tax office can do something completely different than another and so some of you may find that you have a bill for social charges! If so and you don’t think that you are liable, you should contact your tax office to dispute the bill.

The main group of people who will benefit from the ECJ ruling is those who hold a Certificate S1 for their health cover. Beyond this, those working in another EU/EEA State, but living in France will also benefit. However, a grey area concerns early retirees, who do not have a Certificate S1 and instead have private medical cover because the text of the ECJ judgement actually refers to being insured by another State’s social security system. So we will have to wait for the next round of Social Security legislation, which will be debated during the final quarter of this year, to see how they will be affected.

French Tax Changes

The debate on the draft finance bill for 2016 is scheduled to commence on 13th October.

As documents are published, we will carry out our own analysis. So keep an eye on the French pages on our own website at https://spectrum-ifa.com/financial-advisor-france/ for information. Alternatively, you can contact me directly for information.

EU Succession Regulations

These Regulations have now been in effect since 17th August 2015 and more information can be found in my previous articles at:

https://spectrum-ifa.com/the-eu-succession-regulations/

https://spectrum-ifa.com/eu-succession-regulations-the-perfect-solution/

So if you have not made a French will, as a French resident, the default position is that the succession rules of France will apply to your entire worldwide estate. In effect, this should include any UK property that you own, but since the UK has opted out of the Regulations, it is unlikely that an English court will easily accept a French court deciding that the UK property should pass to the ‘protected heirs’, instead of to the surviving spouse, if that is what you specified in a UK will! So we cannot be clear about what will happen in practice.

There are lots of other complicated situations that may arise and at the very least people should take the opportunity to revisit wills and succession planning. If you would like to have a confidential discussion about your situation, please contact me.

Pensions

The major reform in UK pensions that has taken place this year has generated lots of enquiries from people who are looking to cash-in their pension pots. Many people are not aware of the severe tax implications of doing this and thankfully, we are often able to find alternative solutions for them to meet their objectives.

We all wish to have a financially secure retirement and careful planning is an essential part of achieving this objective. At Spectrum, we can provide you with the necessary advice to reach your goal.

Investment Markets & Interest Rates

Volatility has been felt in investment markets over the last month, mainly as a result of actions taken in China relating to interest rates and currency devaluation. What has also been demonstrated is the fact that the global recovery is still fragile. This has caused central bankers to rethink interest rate policy and anticipated increases in US and UK interest rates may be pushed further back.

At Spectrum, we have a range of solutions to suit all levels of attitude to investment risk and if you would like to have a review of your financial situation, please contact me.

 

Client Seminars

All of the above subjects are being covered at our Autumn Seminars taking place across France – “Le Tour de Finance Bringing Experts to Expats”. The date for the local seminar is Friday, 9th October 2015 at the Domaine Gayda, 11300 Brugairolles and there are a limited number of places remaining. If you would like to come to the event, please contact me as soon as possible to make your reservation.

If you are further away, we have other events are taking place earlier during that week at:

  • Endreol (Provence) on 7th October
  • Aix-en-Provence on 8th October
  • Avrillé 49240 (Loire) on 11th November
  • Dinard, Ille-et-Vilain, (Brittany) on 12th November (the 100th Le Tour de Finance event)

If you are not able to come to one of our seminars, but you would anyway like to have a confidential discussion about any aspect of financial planning, please contact me either by e-mail at daphne.foulkes@spectrum-ifa.com or by telephone on 04 68 20 30 17.

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 on the subject of investment of financial assets or the mitigation of taxes.

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 The Spectrum IFA Group Client Charter

Cogs4Cancer 2015 – The new kit has arrived

By Spectrum IFA
This article is published on: 10th September 2015

c4c-shirt-2015-spectrum-ifa copyCheck out the new Cogs4Cancer 2015 team colours !!!

The Spectrum IFA Group are for the second year running sponsoring Lee Mutch, Director at Inter-Nett Monaco.

Starting in 2013, Cogs4Cancer has grown year on year with over €563,000 raised so far. A truly spectacular event, this year is proving to be even bigger than last years ride with the total amount raised just for the 2015 event reaching €164,058.91 (as of 9th September).

Starting on Monday 5th October in Barcelona, the Spectrum team will be at the starting line to wish all the riders the very best of luck on their heroic journey covering 850KM in 5 days.

 

 

Impending changes to French inheritance laws

By Graham Keysell
This article is published on: 17th August 2015

In England, we are used to being able to decide who should inherit our assets when we die. However, once you are considered a French resident, the ‘Code Civil’ stipulates that a set proportion should go to your ‘protected heirs’ (i.e. your children).

For example, if you have two children, they are entitled to 2/3 of the value of your estate. It is only the remaining proportion that you have some control over. If you are not married, and there is no will, the entire estate will pass to the children.

Whatever your will might say (e.g. leaving 100% to your spouse or a friend), these ‘protected heirs’ can insist on receiving their percentage. It is possible to insert a clause in a will whereby your spouse has lifetime ‘use’ of the matrimonial home. They can also continue to receive income from any investments for life, but they cannot sell any assets, (or spend any money), destined to go to the children (e.g. money in a bank account).

Unmarried couples face a tax bill of 60% of any inheritance, after an allowance of the first 1,594 euros. The same applies to anyone you are not directly related to.

‘PACS’d couples have the same rights as husbands and wives and are not liable to pay inheritance tax.

Recent changes in legislation have improved the rights of the spouse to a certain extent, but the situation is still far from ideal.

The good news is that France has signed up to a recent EU law under which citizens of other countries will be allowed to opt for the inheritance laws of their country of birth. This is due to take effect from 17th August 2015.

Providing you have written a will stipulating that your estate should be disposed of under English law, you are at liberty to leave your assets to anyone you want (and in any proportion). This will take precedence over the Code Civil and completely eliminate the question of ‘protected heirs’.

It is worth mentioning that Scottish inheritance law has some similarities with the French ‘Code Civil’. Anyone born in Scotland would still have some restrictions on whom they could leave their estate to (although the limits are far more generous for spouses and it would almost certainly be preferable to take advantage of the new laws).

For reasons best known to themselves, the UK and Irish governments have not signed up to this EU legislation. Nevertheless, this in no way prevents UK citizens living in France taking advantage of the new rules.

If you have any assets (e.g. a bank account) in the UK, it is usually advisable for you to have both English and French wills. Whilst not compulsory, it does make the winding up of the estate far simpler (and cheaper!).

Wills do not need to be complicated and it is quite likely that a standard version for both English and French wills would suit your purposes. Anyone who would like to discuss this with me can contact me on graham.keysell@spectrum-ifa.com.

There are other factors to bear in mind before deciding whether it is in your interests to take advantage of the new legislation. If you have a ‘classic’ French will and are on good terms with your children, they can simply sign away their rights to the inheritance. Mentioning the new law may confuse the notaire in charge of winding up the estate.

Also, you could lose the valuable tax-free limits that your children would otherwise be able to take advantage of.

Personally, I believe the people most likely to benefit from the change in legislation are those who have children from previous relationships, those who want to leave money to their beneficiaries in unequal shares and those who want to leave money to people other than their direct descendants.

You should bear in mind that this new ability to leave your money to anyone you wish in no way affects the inheritance tax rates. As previously mentioned, there is no inheritance tax between spouses. However, after an allowance of €100,000, children will pay a sliding scale of tax (usually with the majority of the excess being taxed at 20%). If you leave your money to third parties, or charities, they can expect to pay 60%.

Assurances Vie policies are frequently used to avoid inheritance tax. Providing these are set up before age 70, each named beneficiary can inherit up to 152,500 euros, totally tax-free, and it is not considered part of the estate. Any sum in excess of this is taxed at a flat rate of 20%. This is particularly beneficial if you were leaving money to an unmarried partner, a charity, nieces and nephews, etc where they would avoid paying the 60% tax!

This is one of the reasons that these policies account for the majority of the investments in France (as well as being the nearest thing the French have to a UK ‘tax-free ISA’).

This report is intended simply as a summary of some aspects of French succession law and inheritance tax. It is based on my understanding of current legislation, which may be subject to change. No liability can be accepted for any change of interpretation or practice relating to any tax or legislative measure that may affect the accuracy of the content.

The EU Succession Regulations

By Spectrum IFA
This article is published on: 20th July 2015

20.07.15

What a month it has been since I wrote my last article. The Greek crisis has waxed and waned and as the prospect of increases in UK interest rates comes closer, now the Sterling Euro exchange rate has hit new highs. All of this while the temperatures continue to soar in France and the effects of the canicule are felt!

August is almost upon us and this means that the long-awaited EU Succession Regulations will come into effect. From that point, as French residents, we will be able to opt for the succession rules of our country of nationality to apply (whether or not that country is within the EU). If you do nothing, the default position is that the succession rules of your country of habitual residence will apply. However, regardless of which country’s succession rules are to apply, this will not change the tax situation. French succession taxes will still be due, which can be up to 60%, depending upon your relationship to your beneficiaries.

I am not going to go into the detail of the EU Succession Regulations here, as I have done this before and so I invite you to read my article on this at: spectrum-ifa.com/eu-succession-regulations-the-perfect-solution

As the months have passed since writing that article, I have discussed the implications of the Regulations with several legal professionals who operate at an international level and so they are already highly experienced in dealing with cross-border succession situations. Unfortunately, the further clarification on the practical application of the Regulations that we were hoping for has not appeared and so still we can only wait for the results of actual cases.

What is clear though is that if you elect the succession rules of your country of nationality, then your French property and any other assets that you own would be administered by a French notaire trying to apply another country’s law and this is likely to cause complications, delays, additional expenses and delays. So I, like many other professionals, hold the view that if there is a tried and tested ‘French way’ to achieve your objectives, then this should still be used. The ‘French way’ is another subject that I have written about in detail and the full article can be read at: spectrum-ifa.com/inheritance-planning-in-france

There will be cases where the EU Succession Regulations will be welcome for some couples. Typically, this might include situations where children are estranged from parents or step-children just will not accept the step-parent, regardless of the length of the relationship. The Regulations will be a relief for couples in such situations, as they will be able to circumvent the French forced succession rules, but they will still need to address the taxation issues that may occur. As concerns financial assets, this is an area where we can help.

Everyone’s situation is different and this is why it is very important
to seek professional advice on this subject.

 

Are you concerned about the EU Succession Regulations and how this affects you? If you would like to have a confidential discussion about this please contact me from the contact box below.

 

Remember our old friend the Assurance Vie?

By Spectrum IFA
This article is published on: 10th July 2015

In last month’s article I maintained that you can’t please all of the people all of the time. Whilst that met with general agreement, it did provoke some interesting responses; mainly exploring the ‘Should I stay or should I go?’ theme so loved by fans of The Clash. Here is an excerpt from a mail I received from a regular critic of my articles. I left the first line in, out of vanity:

Just for a change, I rather liked your piece in the A&A.  Very sensible.

Although for me this is home.  Eventually cremated here and ashes scattered over France.  It’s in my last wishes. But here’s a thought for another piece for you, progression from your current article. Although I myself have no intention whatsoever to return to the UK – I intend to die here – I read that one of the things that can go, as you get really old, is your ability to speak a second language.  If that happens, and should I finish up in a care home, it will be difficult both for me and my carers. In that case my family, most of whom do not live in the UK, might reasonably consider I would be better off in the UK………….

And so be it; let’s explore this theme a little. I’m sure Charles Green (not his real name) would never be packed off back to the UK by uncomprehending carers and uncaring children, but it is an important point. I for one would not relish spending my bath chair days in what I perceive to be the alien environment of a French care home. Coincidentally, I met a couple last week who have retired from UK care home ownership to live in France. I put it to them last week that if they were to open a home in France solely for UK elderly clients, they might be very successful. Unfortunately my idea was shot down in flames. They retired from the business due to increasing bureaucracy and paperwork in the UK, and certainly wouldn’t dream of trying to recreate the same nightmare in France. Can’t blame them I suppose, but it still sounds like a nice idea to me, from a future consumer point of view.

For obvious reasons, I need to steer this article towards financial concerns. I talk to virtually all my clients about retirement provision. It’s not uncommon to hear that actually people would quite like to spend all of their money before they ‘shuffle off’. The problem, I always point out, is timing. It’s one thing to put in place a programme of concerted spending that will exhaust your funds when you reach the age of say 85, but most inconvenient to yourself and others when you last until you are 103. Life can of course be great fun, and we should always enjoy it while we can, but let’s be under no illusion here; none of us gets out of this alive. Money comes in very useful while you are living, and my view is that if there is any left after you die, it might be put to good use elsewhere.

My average client couple; Mr. E. and Mrs. X. Pat, have worked hard during their lives and have garnered enough cash to see them through to the bitter end. I use the word ‘bitter’ deliberately, as I don’t think life has many happy endings. Some of my clients take a rare and altruistic view of their legacy. They may not have children or close relatives, or maybe they just don’t like them. They feel totally at home with the concept of their residual wealth being assimilated into the French national coffers as their contribution to society. Thankfully, to my mind anyway, this approach is rare, and could even be a sign of approaching mental frailty. The vast majority of the people I talk to would much rather that anything left be put to somewhat better use; any use in fact that doesn’t involve the word ‘tax’.

Without any tax planning at all, anything you leave to your spouse will be free of succession tax, and your children will get a moderate allowance before paying the tax, but can end up paying 45% on large sums. Pretty much everyone else need a tin hat to protect themselves from the onslaught from ‘le fisc’. Step children; your best mate; your ex-wife (?), they will all pay 60%. In anyone’s language, that’s a lot of tax.

There is a better way. Remember our old friend the Assurance Vie? He keeps your investments away from the prying eyes of the tax man, and when you eventually need to draw income, he may be able to get you a very good rate on the tax you will then pay. He also happens to come in pretty handy with succession tax. In theory even the richest of investors could manage to pass on all of the invested wealth free of succession tax; all he would need would be a lot of beneficiaries. Each one of them could take away €152,500 without paying a centime in tax. For we mere mortals, this sort of tax generosity should solve the problem quite easily. All you have to do is get your act in gear in good time. You must set up your policy before you get to 70 to get the full benefit.

A bit more thought needs to go into how you pass on property, but it can be done. For now though, I’m just going to concentrate on the ‘spare’ cash. Bank accounts; premium bonds, ISAs; PEPs; National Savings, your old Pru bond that you’ve had since Adam was a lad…   They are all manna from heaven to the French succession tax system, and it will swallow them up. Only Assurance Vie has that nasty tasting Teflon coating that it doesn’t like, and spits out again.

And all you need to do to get an assurance vie is talk to your financial adviser…

In the few days since I wrote this article I have learned of the tragic death of one of my earliest clients; a good and kind man, fallen victim of the carnage so often seen on French roads. This sadness only reinforces my view that life rarely has a happy ending.