Why a Pension audit is vital for your wealth Part 1
By David Hattersley
This article is published on: 25th August 2015
I have been trained in the UK and have been specialising in Pensions since 1987. As well as keeping up to date with the subsequent (and numerous) changes in legislation, I also have a good understanding of the variety of pensions offered since then. In this article I am concentrating on Pre-Retirement Planning ie. those people that have yet to take their pensions. With ever changing careers in private industry and the end of the idea of “jobs and pensions for life”, which was part of the revolution in the late 70’s, most people acquire a number of pensions and different types of pensions over a period of 30 to 40 years. In some cases, they are not even aware of their entitlement, in particular, Defined Benefits Schemes to which the rules changed from the late 80’s (my Father in Law being a case in point who was not aware he was entitled to benefits under such a scheme until well into his retirement) and Contracting Out of SERPs plans.
Since the Finance Act of 2004 pensions have come under that legislation. The general wording of this legislation was “Pensions Simplification”. As advisers at the time, we knew full well that this would not be the case and we have been proven correct, with the subsequent attacks on pensions by a variety of governments seeking to raise revenue and reduce tax advantages at the same time.
Since moving here to Spain, I have come across many clients who were not aware of the benefits that they were entitled to. It has required a vast amount of work tracking down both providers and employers that no longer exist. In some instances it has proved to be fruitless, but others have benefited from plans that they are not aware of. That is the first stage of my role as a Financial Adviser, which is to question a potential client’s work history and seek full details. That however is the easy bit as the options available at retirement have been given greater flexibility, but the irony is that independent advice is hard to come by in the UK unless you are prepared to pay a fee on a time cost basis.
The first question is, do you plan to become tax resident in another European country? For those that plan to still maintain a home in the UK (even as a holiday home), that is further complicated by ever changing rules regarding residency in the UK vs tax residency in the chosen country.
What do you need to do before you leave the UK and become tax resident in an EU country? A simple question perhaps, but the tax free lump sum available in the UK now referred to as “Pension Commencement Lump Sum” or PCLS (one can see the tax free status of that being restricted in the future) is liable to be taxed certainly in France and Spain once you become tax resident. There are legitimate rules reducing this, but once again, these need advice. How does one therefore get your PCLS to take advantage of the current UK tax free status, without having to take the pension too? Perhaps you want to stagger your pension income as a result of continued part time work or “consultancy”. Many of my generation want to still work past normal retirement age, but at a slower pace.
Currency also has an impact, within the last 5 years the £ to the € has gone from 1.07 to 1.42 Euros. If one thinks that will be maintained, consider that in 2002 when the Euro was launched the £ to Euro was as high as £1 to 1.56 Euros. The impact to those that budgeted on that basis over the ensuing 8 years was detrimental to their wealth, so how does one hedge against currency fluctuation?
Does all your pension come from a UK source or have there been earnings and pension entitlements from overseas employment? Do you have a mixture of Final Salary schemes and personal money purchase pots? Is there a need to consolidate these, or treat each individual arrangement on its relative merits?
With recent legislation, trustees of Final Salary schemes (Defined Benefits), with the exception of transfers less than £30,000, now need the involvement of a fully qualified UK financial adviser who has passed his recent exams. This is all very laudable but how can that adviser be aware of the tax rules in your new country of residence? In any analysis carried out by a Spectrum Partner, it is vetted and checked by a Spectrum Fully Qualified Chartered Financial Planner, and if need be by a UK Financial adviser if part of your pots are as above. It is important to note that no UK Government funded pension eg. Civil Service can be transferred.
Then there is the reduction in the Lifetime Allowance, the passing of your pension pot to your chosen heirs and beneficiaries, the correct selection of good quality properly regulated funds and fund managers dependant on an individual needs, regular reviews as needs change, and the changes to the amount one can take on an annual basis due to recent pension flexibility rules. These are all areas that are vital to consider.
Even after the audit, and a decision to potentially transfer part or all of one’s pots, care needs to be taken in the selection of the QROP/SIPP Trustee and the jurisdiction that it comes under.
Having mentioned the above it may be in some cases that not all your pension pot should be considered for a transfer.
It may be beneficial to consider the purchase of a Lifetime Annuity from a UK provider as these have substantial tax advantages over pension payments in Spain. This will have to be carried out before one moves abroad on a permanent basis and, as stated earlier, for every potential client advice is given on a case by case basis.
In many cases, a lifetime of pension saving can result in funds being equal to or greater than the value of a property purchased abroad. Should one not take the same planning, care, advice and due diligence when planning your retirement for an income that may have to last 30 years? That is where we can be of help.
Don´t slip up with over “Greece”ing
By John Hayward
This article is published on: 15th July 2015
The original cash machine?
With events in Greece taking prime news position, certainly the east side of the Atlantic, the main question that I am being asked is, “How will the Greek debt problem and referendum affect my investments?”.
It is said that, back in the BC years, Greece invented finance and all the baggage that it carries. It had the first financial crisis, with bad debt. Debt was subsequently written off and the currency devalued. Unfortunately this has not been an option for Greece now as they are part of the Euro.
Greece has defaulted on loans many times before, yet this never brought the rest of the world crashing to the floor. The word contagion is used an awful lot as the assumption by many is that the rest of the PIIGS (Portugal. Ireland, Italy, (Greece) and Spain) will follow suit. If this was to happen and Spanish banks, in our case, had problems, then there would be major concerns for those who had money with them. Bank risk in Spain has been around for a while and keeping a whole lot of money in a Spanish bank makes little sense. Here are some reasons:-
- Little or no interest paid.
- High charges for little or no gain.
- Inheritance tax liability for Spanish residents.
- Even greater inheritance tax liability for non-Spanish residents.
For those who are brave enough, a financial crisis is a brilliant opportunity to make money. Many are not prepared to be so brave with hard earned savings and, for these people, we have a proven solution with a household name. Very few people like volatility. In reality, volatility means that your money can go down in value, sometimes sharply. With the right approach, we can do away with volatility. Take a look at this graph illustrating the difference between the truly managed approach, the average cautious fund, and the FTSE100. See how consistent the managed fund has been compared to the roller-coaster ride of the others.
Greece is the word at the moment but this shouldn’t mean that all our lives should be dependent on what happens there. Living in Spain, being part of the Euro is the one that I want.
What holds you back from investing?
By Charles Hutchinson
This article is published on: 14th July 2015
Investing for some can be a very difficult task and yet for others it is both easy and immensely satisfying. Those in the former group would just love to be in the latter. So what is the problem? Why are they so different?
The underlying problem is fear but there are ways to reduce these anxieties.
The most fearful are the beginners and yet it is surprising how many “mature” investors go through a similar experience. There is no doubt that that without that leap of faith, you will not achieve the return you so much seek. If your overriding desire is to obtain real growth on your capital, however big or small, you must rethink your approach. For “from small acorns, grow great trees”.
Probably the best antidote is to look back through history – look at what our forebears were faced with when they were poised to put their capital at risk. I should add at this point that without risking your capital to some degree or other you will never experience real wealth creation. “There is no gain without pain”. Here at The Spectrum IFA Group, we look to do this in a controlled and disciplined fashion to insulate the client as much as possible from the stress and concerns of investing.
But we should go back to the basic instincts which create these fears and are the barriers to wealth creation. Someone once said that “The brain is a massive sabotage machine” which interferes in a negative fashion with every important decision we make. I could go into all the reasons for not making an investment decision but I would like to zero in on just one of the many. If you look for reasons for not making the decision to invest then you need to remain in your “comfort zone”. The older we get, the more we want to be in that place because the alternative is too stressful.
Probably the greatest excuse we come up with is the current situation: the Greek debacle, the threat to the Euro, Putin’s bellicose posturing, the state of the EU and its future, whether the UK will stay in, the collapse of the Chinese stockmarket, increasing terrorism, our old favourite secure backstop the Bond Market in total disarray, bank interest rates at all time lows, global warming, global overcrowding, shortage of food and water – need I go on? In fact these are all the excuses for not investing. The fact of the matter is that the only way to beat inflation and actually create wealth is to invest in capital markets, whatever they are, whenever. There is no good or bad time to invest. In fact, if you are a contrarian like the all time most successful fund manager, Anthony Bolton, you invest when everyone else is selling. And to put it another way, fund managers wait with anticipated glee for markets to fall, so that they can get back in at a lower level. Using people like us is the least stressful way to invest as we have already done the research on your behalf as to who are the best managers and for which investment houses they work!
Let us now look back in history and see all the reasons why we shouldn’t have invested at that time. And yet, those who ignored these doomsday factors went on to achieve amazing growth on their capital – not through some rocket science wizard scheme but by just investing in the top stocks in their respective stock markets. An internationally renowned global investment house has produced figures over decades to show that if you had ignored the gloom merchants and just invested * when you had the capability, you would be a wealthy person now. For example, if you had invested just £1,000 in 1934, it would today be worth today over £4,000,000; just £4,000 invested in 1960, would have grown to £1,000,000. If you had invested £10,000 in 1989, it would have grown to over £90,000 today. How could this have happened with all the appalling crisis’s which have occurred in the meantime? Simple, global capital does not just disappear in times of crisis, it has to have a home, it cannot evaporate and like seasons and the rise and setting of the sun every day, capital markets just continue on, regardless of war and pestilence.
(*invested in a portfolio of investment funds or top stocks actively managed by a competent regulated investment house with good past performance.)
Ah, but that was then, there is too much going on the world to de-stabilise the markets. Oh yes? What has changed in the last 80 years? NOTHING!
Let me show you:
1934 Depression
1935 Spanish Civil War
1936 Economies still Struggling
1937 Recession
1938 War Clouds Gather
1939 War in Europe
1940 France Falls & Britain is blitzed
1941 Pearl Harbour & Global War
1942 British Defeat in North Africa
1943 Heavy defeats continue in the Far East
1944 Consumer Goods Shortages in the U.S.
1945 Post-War Recession Predicted
1946 Dow Tops 20 and London market too high
1947 Cold War begins
1948 Berlin Blockade
1949 Russia Explodes A-Bomb
1950 Korean War begins
1951 U.S.Excess Profits Tax
1952 U.S. Seizes Steel Mills
1953 Russia Explodes H-Bomb
1954 Dow tops 300 – Market Too High
1955 Eisenhower illness
1956 Suez Crisis
1957 Russia Launches Sputnik
1958 Recession
1959 Castro seizes power in Cuba
1960 Russia downs U-2 Spy Plane
1961 Berlin Wall Erected
1962 Cuban Missile Crisis
1963 Kennedy Assassinated
1964 Gulf of Tonkin incident
1965 Civil Rights marches
1966 Vietnam War Escalates
1967 Newark Race Riots
1968 USS Pueblo seized by North Korea – fear of renewed war.
1969 Money Tightens – Markets Fall
1970 Cambodia invaded – Vietnam War Spreads
1971 Clouded Economic Prospects
1972 Economic Recovery Slows
1973 Energy crisis & Market Slumps
1974 lnterest Rates Rise & steepest markets falls in 4 decades
1975 Oil Prices Skyrocket
1976 lnterest Rates at All-Time High
1977 Steep Recession Begins.
1978 Worst recession in 40 Years
1979 Oil prices sky rocket
1980 Record Federal Deficits & Interest rates at all time highs
1981 Economic Growth Slows
1982 Worst recession in 40 years
1983 Largest U.S. Trade Deficit Ever
1984 Energy Crisis
1985 Economic growth slows
1986 Dow Nears 2000
1987 Record-Setting Market Decline. Black Monday and UK Hurricane
1988 U.S. Election Year
1989 October “Mini Crash”
1990 Persian Gulf Crisis &1st Gulf War
1991 Communism Tumbles with the Berlin Wall
1992 Global Recession
1993 U.S.Health Care Reform
1994 Fed Raises lnterest Rates Six Times
1995 Dow Tops 5,000
1996 Dow Tops 6,400
1997 Hong Kong Reverts to China
1998 Asian Flu sweeps the Globe
1999 Y2K Millennium Bug Scare
2000 Tech Bubble Burst
2001 9/11 Terrorist Attacks
2002 Recession
2003 War in lraq
2004 Rising lnterest Rates
2005 Hurricane Katrina & destruction of New Orleans. London bombings.
2006 U.S. Real Estate Peaks
2007 Liquidity Crisis & Subprime Lending crisis spreads to Europe
2008 Credit crisis /Financial Institution failures globally
2009 U.S. Double Digit Unemployment Numbers
2010 European Sovereign Debt Crisis
2011 U.S. Credit Downgrade
2012 Fiscal Cliff Issues-/European Recession
2013 U.S. Government Shutdown/Sequester
2014 Oil Prices plunge 50% & Malaysian Airliner shot down in Ukraine
2015 Greece, Terrorist attacks, ISIS rampaging all over Middle East, etc.,etc.
So against this seemingly grim litany of disasters and cyclical market falls, the global financial wealth continued to increase at a remarkable pace over the last 80 years and before that. It will continue to do so into the future. The only thing to stop it would the total annihilation of the Human Race where wealth & money would be useless anyway!
I hope I have illustrated that fear of exposing capital to a perceived risk has no foundation! For those who are still not convinced, they should leave their money in the bank where it will continue to earn nothing, its real value will erode with inflation and possibly disappear with the collapse of the bank they have so carefully chosen to safeguard it!
It is never too early to start planning your financial future
By Chris Webb
This article is published on: 17th June 2015
During conversations with many of my clients, I hear the expression “I wish I had done something sooner” so often, that I thought I should put pen to paper.
All too often in our younger years we race through the nitty-gritty details of our finances and neglect to focus on crucial “future proofing” in the process. During our 20’s we tend to spend, spend, spend. In our 30’s we try to save, but this is the decade when most of us purchase property and start a family so that makes saving for the future difficult. In our 40’s we’re still paying the mortgage and raising our children so inevitably it is difficult to put money aside to provide for your financial future.
But if you adopt a marathon approach to money (as opposed to a sprint – see my article on this topic), it can allow you to take a more holistic look at your overall financial picture and see how decisions that you make in your 20s and 30s can impact your 40s, 50s and into your retirement years.
It doesn’t matter how old you are, being financially healthy boils down to two things. The level of debt you have and the level of savings/investments you have. The only real difference is how you approach both subjects, as this will change with age.
Tips for during your 20’s
This is the best time to lay the foundations for a bright financial future. Try creating a budget and track your expenses. Keep evaluating over a few months to ensure it’s realistic. This may seem pretty basic but you’ll be surprised how many people don’t track their expenses. This is the best time to do it, your finances are likely to be a lot simpler now than they will ever be!
- Debt – Loans and Cards
It’s easy to think that making the minimal payments and delaying paying them off, to save more, is a good idea, but this strategy rarely works. The more you make the more you tend to spend, so getting round to clearing off these debts never comes any closer.
But now is the time to break the cycle of credit card debt or loans for good!
- Start an Emergency Fund
While you’re busy paying off your debt, don’t forget that you should always try to have a “savings buffer” in the bank. To help accomplish this goal you should transfer funds straight from your “day to day” account into a deposit account. One where you aren’t likely to get access through an ATM which reduces the temptation to spend it on a whim. Ideally, you should aim to have three times your monthly take-home pay saved up in your emergency fund.
- Contemplate Your Future – Retirement
At this point in your life, retirement is far off, but it is important to start saving as early as you can. Even small amounts can make a big difference over time, thanks to the effect of compound interest. Start saving a small percentage of your salary now to reap the rewards later in life. See my articles on compound interest and retirement planning to see the difference it can make.
Tips for during your 30’s
During this decade, your financial goals are likely to get a bit more complicated. Some people will still be paying off credit card debt and loans, whilst still working on the “emergency account”. So what’s the secret to juggling it all?
Rather than focusing on one goal you should be looking at the biggest of your goals, even if there are three or four.
- Continue Reducing Debt
If you’re still paying off your credit card balances then considering consolidating onto one card with an attractive interest free period should be your first task. Failing that you need to concentrate on the card with the highest interest rate and reduce the balance ASAP. The most important thing to consider with debt is the interest rate. If you have low interest rates (I’d be surprised) then there’s no major rush to pay them off, as you could manage the repayments and contribute to other financial goals at the same time. If your interest rates are quite high then the priority is to clear these debts down.
- Planning For Kids
Little ones may also be entering the picture, or becoming a frequent conversation. Once this is a part of your life you’ll start thinking about the cost implications as well. Setting aside a small amount of funds now to cater for the ever increasing costs of bringing up a child will reduce the financial stress later down the line. If you have grand plans for them to attend university, potentially in another country, then knowing these costs and planning for these costs should be part of your overall financial planning.
- Assess Your Insurance
The thing that most people forget. Big life events such as getting married, having kids and/or buying a house are all trigger points for reassessing what insurance you have in place and more crucially what insurance you should have in place. If you have dependents, having sufficient Life cover is paramount. Other considerations should be disability, critical illness and even income protection
- Start that Retirement Plan.
It’s time to stop just thinking about setting up what you call a Pension Pot, it’s time to take action! Starting now makes it an achievable goal, leaving it on the back burner because you’re still too young to think about retiring is going to come back and haunt you later in life.
Tips for during your 40’s
This is the decade where you need to make sure you’re on top of your money. At this point in your life, the ideal scenario would be to have cleared any debts and to have a nice healthy emergency fund sitting in a deposit account.
- Retirement Savings – Priority
During your 40s it’s critical to understand how much you should be saving for retirement and to analyse what you may already have in place to cater for this. In my opinion it’s now that you need to start putting your financial future/retirement ahead of any other financial goals or “needs”.
- Focus Your Investments
Although you may not have paid much attention to “wealth management” in your 30s, you’ve probably started accumulating some wealth by your 40s. Evaluate this wealth and ensure that there is a purpose or goal behind the investments you have made. Each goal will have a different time horizon and potentially you will have a different risk tolerance on each goal. The further away the goal is, the more you can afford to take a “riskier” option.
- Enjoy Your Wealth
It’s about getting the balance right. Hopefully you’ve worked hard and things are stable from a financial point of view. You need to remember to enjoy life today as well as planning for the future. As long as important financial goals are being met there is no harm is splashing out on that dream holiday, and enjoying it whilst you can.
Tips for during your 50’s.
You may find yourself being pulled in different directions from a financial point of view. Maybe the children still require financial support, maybe your parents require more support than before? The key thing to remember is to put your financial security first, and yes I know that sounds a bit tough…….. You still have your retirement to consider and probably a mortgage that you’d like to pay off before retirement age.
- Revisit Your Savings and Investing Goals
Your 50’s are prime time to fully prepare for retirement, whether it’s five years away or fifteen. At this point you should be working as hard as possible to ensure you reach your required amount. This means that careful management of your assets is even more critical now. It’s time to focus on changing from a growth portfolio to a combined growth, income and more importantly a preservation portfolio. What I’m saying here is it’s time to really analyse the level of risk within your asset basket.
- Prioritise – Your Future vs Your Children’s Future (It’s a tough one….)
During their 50’s a lot of clients struggle with figuring out how much they can afford to keep supporting a grown child, especially when they’re out there earning themselves. The bottom line is that although it can be tough you have to continue to put yourself first. The day of retirement is only ever getting closer and unless your planning has been disciplined there’s a possibility you may need to work longer than anticipated, or accept less in your pocket than you hoped for. You are number 1…….
- Retirement Decisions and considerations
You should begin to revisit your estate planning, your last will and testament, power of attorney if you feel necessary and confirm that your beneficiaries on any insurance policies or investment accounts are all valid.
Once you’ve covered off the administration part then I’d suggest you sit back and look forward to the biggest holiday of your life……..have a great time!!!
Why it Pays to Make a Spanish Will as an expat
By Jonathan Goodman
This article is published on: 15th June 2015
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While you are enjoying your new life and possibly a new home in Spain, it is understandable that you might not want to think too long or too hard about the future, particularly about matters pertaining to your Will and inheritance issues for your children and heirs. But this subject needs to be covered and fully understood sooner rather than later. There are three central reasons for making a Spanish Will: One – It avoids time-consuming and expensive legal issues that your family and heirs will have to resolve. You can – and should – make a separate Will to dispose of any assets located outside of Spain. A British Will, for example, has no bearing on your Spanish estate. Two – Spaniards have to divide their assets equally among their family and heirs, and leave two-thirds of it all to their children. As an expat, you are exempt from this ruling and you can bequeath your assets to whomever you wish. Your estate will, however, be subject to Spanish inheritance tax, which is high when left by non-residents to non-relatives. In addition, expats resident in Spain are subject to the same taxes on any of their worldwide estate, too. Therefore, making a Will allows you to navigate these various taxes at your discretion. Three – Your estate can become eligible to a 95 per cent reduction in inheritance tax. This reduction only applies to the first €120,000, but is not available to non-residents, so bear this in mind when drawing up a Will. The Spectrum IFA Group in Spain are delighted to be able offer their clients a 15% discount when using the services of ‘AvaLaw‘, who over the last years have assisted clients from almost 50 different countries. |
The story you are about to read is true; only the names have been changed to protect the innocent… Mr. Rainyday and Mr. Blueskies were catching up over a beer in Barcelona on a sunny Friday morning. Mr. Rainyday had barely taken a sip of his beer before he was on his pet topic — complaining about Spain, his and Mr. Blueskies’ adopted home as of a few years ago. ‘This time its dad’s flat in Andalucía. It’s over a year and a half since his funeral, and I’ve only just got it transferred to my name. Plus, it’s cost me a fortune. There’s no way it’d be such a hassle back home. It’s a total scam!’ ‘That’s funny,’ said Mr. Blueskies, ‘My dad died around the same time, had an identical apartment in the same building as your dad, and it only took us four months to get the apartment registered in my and my mother’s name. And, if I remember correctly, it didn’t cost that much, either.’ ‘Really?’ asked Mr. Rainyday, ‘How’d you manage that?’ ‘I don’t know. It all seemed pretty straightforward. Our advisor took care of everything for my dad. Was there a problem with your father’s Spanish will or something?’ ‘Will? What will? Dad didn’t have one, but I thought you didn’t even need one in Spain?’ ‘You don’t need one, but having one makes things a lot easier and cheaper for your heirs,’ said Mr. Blueskies. ‘Since my father had a Spanish will, I did not have to sworn-translate and legalize tons of documents, there were no surprises regarding the applicable law, no need to get certificates regarding which testament is valid according to the foreign law applicable to the inheritance, no need to pay lawyers to deal with all the unnecessary bureaucracy in all the countries, and no need to wait for a year or two to get the title of the apartment…’ ‘I see…’ said Mr. Rainyday. ‘Anyway, what outraged me even worse than the bureaucracy, was paying the 60.000 euros of inheritance tax for the property worth 300.000 euros.’ ‘Wow’, exclaimed Mr. Blueskies, ‘You paid that much, did you! We did not pay any taxes for inheriting my dad’s flat, since Roser advised my father to leave in his will 50% of the flat to my mother and 50% to me, so that we both could take advantage of the personal tax exemption of 175.000 euros that Andalucía had for all of us who were residing over there at that moment. What a difference, eeh, with some simple inheritance planning?’ Since Mr. Rainyday looked really sour, Mr. Blueskies changed the topic and started to speculate whether Barça is going to bring home all the 3 titles this season… |
Clients of The Spectrum IFA Group are eligible for up to a 15% discount
on making a Will with AvaLaw. Contact us now for further information
FACTA: the unintended consequence for Expatriate US citizens
By David Hattersley
This article is published on: 13th May 2015
I have an affinity with the USA, my first manager during a part time job with a UK insurance broker in the 1970’s was an American, a Malcom J Clifford who drove around in a red E.Type. Then, my first full time sales roles in the UK was a happy 8 years spent with SC Johnson, the US company based in Racine in Wisconsin. My first client in Spain was and is an American lady married to an Englishman who both worked offshore before retiring here. And now I have my first grandchild, born in the US, of English parents with my son-in- law working there.
It seems that there are an awful lot of “firsts” that I have to be grateful for, that emanate directly and indirectly from ties with the USA.
On a recent business trip to San Sebastian to look for potential expat clients, the majority seemed to be from the US, not an Englishman in sight. So for a potential niche market a seed was planted.
That was until I researched FACTA and began to understand its complexities, and in many ways its injustices to the individuals that retire or work abroad as US expatriate citizens.
The United States is the only OECD country in the world to tax its citizens based on their citizenship, not residence. It also, as an OCED country, has the fewest percentage of citizens living abroad (according to the US State Department, 7.6 million US citizens work or live abroad out of a population estimate in 2015 of 320,206 million which is only 0.023%). Help might be on its way though via the US Senate Committee on Finance. Hatch and Wyden released the Public Input on Bipartisan Tax Reform (see link below).
http://www.finance.senate.gov/newsroom/chairman/release/?id=3b14e94b-69f9-41e2-9fd3-
The interesting thing to note was that up to the final submission date of the 29th April a total 1,400 submissions were made of which 347 submissions were submitted in relation to “International Tax”. This came second only to an “Individual Income Tax” figure of 448.
Whilst the principle was fine, especially in relation to those that tried to dodge paying tax of any kind, anti terrorism, trafficking et al, the majority of middle class US citizens abroad were, and are, honest citizens, paying tax in their country of permanent residence whilst still trying to desperately retain their American citizenship. The rules are both complex and numerous, and it is easy to fall foul of these, and be penalised. There is a major differential between “large body Corporate” that gets many tax breaks vs the individual and or small company.
The majority of submissions started with “I live in or have lived in for a number of years and paid my taxes in”.
On reading reports on the impact on this legislation I have come to realise that the
“unintended consequences” have been numerous, which is strange for a country that promotes that it is part of the global economy, and believes in freedom of movement etc, democracy and fairness.
There are many different scenarios so I will just highlight a few that have major consequences for individuals living abroad;
- Married couples where one is a non US citizen and not recognised by the US, paying taxes in the country of residence, and the US citizen having to consider giving up their US citizenship because of the losses sustained by being taxed by the US as a single person.
- Onerous paperwork via FACTA, that is not fully understood with very few choices of locally based small accountancy firms that understand it, yet still paying legitimate taxes in the country of residence and having to pay for the filing of local resident taxes too.
- The ability to save for retirement, because local pensions do not comply with US regulations on pensions, and could be subject to tax both on the way in and on exit.
- Currency “ghost gains” applied by the US IRS on a capital gain. Whilst large companies can use a “functional currency”, individuals have to report in US$. If an American bought a primary residence for 200,000 Euros when the exchange rate was 1 EURO = $1.50 ( ie 133,333.33 US$ ) and they sell the same home for 200,000 Euros when1 Euro = $1.00, ( ie 200,000.US$ ) they would have a US taxable gain of $66,666.66 in phantom profit. This same example applies to mortgages and a variety of other investments. In many cases Americans have to pay taxes on these exchange rate gains but cannot use the losses if they occur.
- The substantial reduction in the number of foreign institutions in the country of residence offering banking, savings and investments, that are compliant to the country of residence. This is due to the increase in both legal and compliance costs of these institutions of complying with FACTA. But, a US citizen who is resident in a foreign country cannot open a US sited bank account or investment either.
These are just a few examples, and whilst we cannot change the rules or the reporting procedures, we can at least provide limited financial advice, a range of products and services appropriate to the country of residence to which we operate in, and investment advice that is locally compliant, written in English and available in multi currencies.
The Spectrum IFA Group & the Decorative & Fine Arts Society
By Charles Hutchinson
This article is published on: 2nd April 2015
The Spectrum IFA Group and Charles Hutchinson in the Costa del Sol were proud to sponsor a recent event for the DFAS (Decorative & Fine Arts Society), which is the local branch of NADFAS (National Association of Decorative & Fine Arts Society).
The lecture in March was held at the legendary San Roque Golf & Country Club where the centre piece is the magnificent Domecq mansion. Attended by over 100 people on the 18th March the informative lecture was entitled “Romancing the Stone” and was given by Joanna Hardy on the subject of Jewellery and Gem Stones. She is a world famous authority on the subject, having been with De Beers, Sotheby’s, Phillips, regularly writes for the Daily Telegraph and features regularly on the Antiques Roadshow.
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Le Tour de Finance 2015
By Spectrum IFA
This article is published on: 26th March 2015
After a very successful string of events during 2014, Le Tour de Finance is back and has started its spring series.
The events in 2014 were a huge success, with large numbers attending all the events with fact filled sessions followed by an opportunity for an informal questions and answers session over complimentary refreshments and a buffet. The initial events in 2015 have been even better! The first events have been held in truly spectacular surroundings in Les caves, de la Maison Ackerman, near Saumur, the Château Colbert in Maulevrier, Pays de la Loire.and at the Chateau de Javarzay, Chef Boutonne, Deux Sevres
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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.
The spring events are continuing throughout April in Spain and Italy:
Spain:
- Barcelona – 14th April
- Sitges – 15th April
- Denia – 16th April
Italy:
- Castiglione del Lago – 20th April
- San Gineso – 21st April
The Spectrum IFA Group is an European leader in professional personal financial advice and will be covering subjects such as; QROPS, pensions, tax advice, investments and wealth management, healthcare, and mortgages.
Le Tour de Finance is an excellent and relaxed forum in which you can get those important questions answered, plus mingle in a pleasant and relaxed atmosphere with other expat residents whilst enjoying a buffet lunch.
All of Le Tour de Finance events are very popular so we therefore recommend you to book well in advance using the form below:
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Can You Avoid Spanish Inheritance Tax?
By John Hayward
This article is published on: 27th February 2015
Savings with UK banks and investment companies could form part of a Spanish Inheritance Tax (IHT) calculation.
If you have money in a Spanish bank, the Spanish tax authorities know about it. If you have money in a UK bank, they probably know about this too due to information passed over by the UK tax authorities. Of course, if you have over €50,000 in a UK bank account you will have reported this to Spain within your Modelo 720 form.
For a Spanish tax resident inheritor, Spanish IHT is due on worldwide assets. Therefore, a Spanish resident wife, inheriting from her husband, could pay tax based on their Spanish property and other Spanish assets PLUS tax on the overseas assets.
The English Will does NOT stop the Spanish tax authorities claiming Spanish IHT (Succession Tax) on overseas assets. The Will governs the distribution of the estate, not its taxation directly.
We can help mitigate, delay and even sometimes completely avoid Spanish IHT by placing money in a Spanish compliant insurance bond based outside Spain. Suitably arranged, the bond could save many thousands of euros in inheritance tax.