The trends for 2016 – The view from the Gondola.
By Peter Brooke
This article is published on: 27th January 2016
We have just returned from our annual Spectrum Conference, this year 30 advisers headed to the stunningly beautiful city of Venice.
With two days set aside for discussion and rumination over global markets and other financial changes and issues… in retrospect it seems incredibly well timed…. up to the day of departure for Venice, from the start of 2016, stock markets had fallen between 8 and 15% and Brent Crude Oil was down 20%.
So could we come back from this conference with a view on whether this highly volatile trend was to continue and was this really the end of the world? Well… yes we could.
We are very lucky to be part of a company large enough to access the resources from some of the biggest and best names in our business and they all presented fairly similar views on where we are and where we might be going, and they can all be summarised by looking at 3 main trends and a few smaller issues:
OIL, CHINA, INTEREST RATES and then EMPLOYMENT and BREXIT… so with enormous thanks to companies like Blackrock, Henderson Global Investors, Jupiter, Kames Capital, Rathbones and Tilney Bestinvest, let’s try and look at how these might affect us all.
- If you believe that there is a global recession around the corner… then sell everything and stay in cash! – We don’t!
- Is this like 2008? NO, but we could talk ourselves into it! The Global Macro scene is not that
- Markets will now move to looking at “growth” rather than being “policy” led like from 2009 to 2015. (eg QE etc)
- GDP growth is at its strongest since 2010.
- Divergence is increasing around the world (ie. end of QE in US, but increase of QE in Europe).
THE MAIN ISSUES:
CHINA – the bulk of the slowdown is now behind us, in fact China have been doing exactly what we, as the developed world, have been asking them to do for the last few years… i.e. devaluing their currency and switching to a new ‘consumption based economy’ – this all makes good economic sense BUT their communication has been poor and the ‘fiddling’ in their stock markets has not been appreciated. The economic growth rate is stabilising and as the ‘new’ tech lead, consumer economy becomes greater therefore slowdown in the ‘old’ commodity heavy manufacturing economy will matter less to the overall rate. 4 – 6% GDP growth per year is realistic for the foreseeable future… it’s still a very good growth rate, especially for the biggest economy in the world.
When China was growing at 12%, it was 1/5th size it is now… the relative amount of GDP in real terms is significantly greater now than it was then… the headline rate, might be just that… a headline in a newspaper but the over-reaction to the inevitable slowdown has been pronounced.
OIL – massive sell off through 2015… Not due to drop in demand but due to oversupply… “The Saudis are telling the US to ‘frack’ off, they want to put the US Shale gas business out of business”
BUT – the break-even cost of extraction has dropped from $110 per barrel in 2011 to $34 per barrel now, so the US can afford lower prices for longer. Some countries must keep production high just to maintain some revenues; they can’t afford to stop, even at these low prices. … This is becoming a ‘who blinks first’ situation and is all about power and geopolitics rather than normal market influences.
Low oil prices can help consumption-lead economies (New china, US, Europe etc).
INTEREST RATES – Not this year’s problem as rate changes don’t affect the economy for 12 to 24 months. The market is pricing in for at least two more US rate rises…. there is now less consensus opinion on whether this is now correct. Policy on rates is diverging across the world, US and UK increase, EU stable but with lots of QE and EM likely to decrease.
The best environment for equity market growth is when rates are rising AND growth is rising BUT rising interest rates can mean more stock market volatility as well.
Other Issues;
EMPLOYMENT – conditions are right for wage growth, especially in the US, where unemployment has fallen faster than expected. If wage growth comes through then individuals tend to spend rather than save (unlike companies) and this can lead to price inflation and further growth.
BREXIT – don’t believe the hype… if UK votes to leave the EU then there will still be 2 years of protracted negotiations as to how they leave. There are major concerns for the Finance Industry which is one of the UK’s biggest industries and cross border regulation AFTER leaving the EU could have very deep effects.
Likely to be a SOFT BREXIT or a HARD BREXIT, both lead to different scenarios playing out. Likely to be greater volatility in UK markets and GBP in the run up to the referendum but no specific trend either way.
OVERALL STRATEGY – CONCENSUS from the experts:
- Still preference for allocation to EQUITIES
- Probably add in more ALTERNATIVE INVESTMENTS or ABSOLUTE RETURN STRATEGIES over more in bonds.
- EMERGING MARKETS not ready – JUST YET!!!
- GOLD could be a good small hedge
- USD to remain strong
So overall, as a member of the Spectrum Fund committee, an investor myself and an adviser to my clients, I feel that the world isn’t over and it isn’t 2008 again. There are good shoots of growth in many markets and even with the “slow down” in China they are still the major engine for growth across the world. Many companies (and this is after all what we are interested in as investors) are healthy still (especially in Europe) and look to be reasonable value.
2016 is going to be volatile but we will make it through and there could be some surprises along the way. Since we arrived in Venice, until today, Oil is up 7% and most markets are up between 1% and 4%!!
The UK referendum on the EU – Lose your vote or use it!
By David Hattersley
This article is published on: 20th January 2016
In the words of Edmund Burke, “The only thing necessary for the triumph of evil is for good men, to do nothing.”
For the sake of equality I will add women as well! But, perhaps this is the greatest test of democracy that my generation has faced, and some of us, either through neglect or lack of knowledge, do not realise what we can do, as expat individuals. To simplify matters, detailed below are the facts. It is up to each individual to take the required action. I am including links to the relevant websites so you can get the full details if you require.
From the Electoral Commission’s website, it clearly states that British citizens living abroad for more than 15 years are not eligible to register to vote in UK elections.
On the aboutmyvote.co.uk website it states that registered overseas voters will be able to vote in the upcoming referendum on the UK’s membership of the European Union. The date of the referendum has not been announced yet but it is scheduled to happen before the end of 2017.”
http://www.aboutmyvote.co.uk/register-to-vote/british-citizens-living-abroad
If you visit https://www.gov.uk/voting-when-abroad, this site gives clear guidelines on how to register your vote as an overseas voter under British Citizens moving abroad, provided that this is done within 15 years of leaving the UK.
Alternatively, one can register on the following site. It only takes 5 minutes, but you will need your old address including post code, passport number and National Insurance number.
Renewing you registration will then need an Annual Declaration. This is based on the Electoral Commission document dated March 2010 and can be viewed as below. The specific section is;
“2.21 Consequently, entries may be made or registration renewed after the end of the 15-year period where the applicant meets the application deadline as set out above. Accepted applications last for a full 12 months in all cases unless: they have been cancelled by the elector; the elector is added as an ordinary Parliamentary elector or in pursuance of a declaration other than as an overseas elector; or it is found that the elector should never have been registered through the above procedures (i.e. as a result of an objection or review).”
For those that are less fortunate than myself and many others, an alternative for those that do not qualify can register their protest on the following website;
https://petition.parliament.uk/petitions/111271
This is not only about us as individuals, but about the freedom of choice for our children and grandchildren.
Do not waste your voice !
Don´t bank on low charges
By John Hayward
This article is published on: 19th January 2016
Wouldn’t it be great if every time you were paid your pension or other income, you were paid a commission for receiving it? Then, each time you pay a bill, you receive a commission for paying it? You could make commission twice on the same money! Of course, this is not possible for us. It is for the banks though.
Let’s take an example based on real charges of a well-known Spanish bank and a couple selling a property in Spain for €300,000 and then re-purchasing a smaller property for €200,000 and investing €100,000 in an income paying bond.
On sale, their purchaser pays them €300,000 through a transfer to their bank. The bank charges 0.2% for receiving the money (€600). They then transfer the money to buy the next property and get charged 0.4% on €200,000 (€800). Finally, they transfer €100,000 to a Spanish compliant company based in another part of Europe for their investment. They are charged a further €400.
In total they will have paid €1,800 in bank charges for transactions other banks may not have charged anything for. The main aim is to choose a bank that does not charge. If high charges are the default, perhaps one should move to another bank. We can recommend a bank with no, or low, transfer charges along with no annual account fees.
One must also be aware that banks will probably earn a healthy chunk on currency exchange, selling the benefit that they do not charge a fee. With GBP falling back against the Euro, it is even more important to obtain a competitive rate. Whether it is for regular income payments, or one off lump sums, we can help you get the best deal.
French Tax Changes 2016
By Spectrum IFA
This article is published on: 12th January 2016
During December, the following legislation has entered into force:
- the Loi de Finances 2016;
- the Loi de Finances Rectificative 2015(I); and
- the Loi de Financement de la Sécurité Sociale 2016
Shown below is a summary of our understanding of the principle changes.
INCOME TAX (Impôt sur le Revenu)
The barème scale, which is applicable to the taxation of income and gains from financial assets, has been revised as follows:
| Income | Tax Rate |
| Up to €9,700 | 0% |
| €9,701 – €26,791 | 14% |
| €26,792 – €71,826 | 30% |
| €71,827 – €152,108 | 41% |
| €152,109 – plus | 45% |
The above will apply in 2016 in respect of the taxation of 2015 income and gains from financial assets.
WEALTH TAX (Impôt de Solidarité sur la Fortune)
There are no changes to wealth tax. Therefore, taxpayers with net assets of at least €1.3 million will continue to be subject to wealth tax on assets exceeding €800,000, as follows:
| Fraction of taxable Assets | Tax Rate |
| Up to €800,000 | 0% |
| €800,001 to €1,300,000 | 0.5% |
| €1,300,001 to €2,570,000 | 0.7% |
| €2,570,001 to € 5,000,000 | 1% |
| €5,000,001 to €10,000,000 | 1.25% |
| Greater than €10,000,000 | 1.50% |
CAPITAL GAINS TAX – Financial Assets (Plus Value Mobilières)
Gains arising from the disposal of financial assets continue to be added to other taxable income and then taxed in accordance with the progressive rates of tax outlined in the barème scale above.
However, the system of ‘taper relief’ still applies for the capital gains tax (but not for social contributions), in recognition of the period of ownership of any company shares, as follows:
- 50% for a holding period from two years to less than eight years; and
- 65% for a holding period of at least eight years.
This relief also applies to gains arising from the sale of shares in ‘collective investments’, for example, investment funds and unit trusts, providing that at least 75% of the fund is invested in shares of companies.
In order to encourage investment in new small and medium enterprises, the higher allowances against capital gains for investments in such companies are also still provided, as follows:
- 50% for a holding period from one year to less than four years;
- 65% for a holding period from four years to less than eight years; and
- 85% for a holding period of at least eight years.
The above provisions apply in 2016 in respect of the taxation of gains made in 2015.
CAPITAL GAINS TAX – Property (Plus Value Immobilières)
Capital gains arising on the sale of a maison secondaire and on building land continue to be taxed at a fixed rate of 19%. However, a system of taper relief applies, as follows:
- 6% for each year of ownership from the sixth year to the twenty-first year, inclusive; and;
- 4% for the twenty-second year.
Thus, the gain will become free of capital gains tax after twenty-two years of ownership.
However, for social contributions (which remain at 15.5%), a different scale of taper relief applies, as follows:
- 1.65% for each year of ownership from the sixth year to the twenty-first year, inclusive;
- 1.6% for the twenty-second year; and
- 9% for each year of ownership beyond the twenty-second year.
Thus, the gain will become free of social contributions after thirty years of ownership.
An additional tax continues to apply for a maison secondaire (but not on building land), when the gain exceeds €50,000, as follows:
| Amount of Gain | Tax Rate |
| €50,001 – €100,000 | 2% |
| €100,001 – €150,000 | 3% |
| €150,001 to €200,000 | 4% |
| €200,001 to €250,000 | 5% |
| €250,001 and over | 6% |
Where the gain is within the first €10,000 of the lower level of the band, a smoothing mechanism applies to reduce the amount of the tax liability.
The above taxes are also payable by non-residents selling a property or building land in France.
SOCIAL CHARGES (Prélèvements Sociaux)
To date, social charges have been levied to fund certain social security benefits in France, as well as the compulsory sickness insurance schemes.
Hence, if you are resident in France, these are charged on your worldwide investment income and gains, even though this does not give any automatic right to French social security benefits and health cover. The current rate is 15.5% and the charges are also payable by non-residents on French property rental income and capital gains.
As has been widely publicised, on 26th February 2015, the European Court of Justice (ECJ) ruled that France could not apply social charges to ‘income from capital’, if the taxpayer is insured by another Member State of the EU/EEA. Income from capital includes investment income on financial assets and property rental income, as well as capital gains on financial assets and real estate.
Fundamental to this decision was the fact that the ECJ determined that France’s social charges have sufficient links with the financing of the country’s social security system and benefits. EU Regulations generally provide that people can only be insured by one Member State. Therefore, if the person is insured by another Member State, they cannot also be insured by France and thus, should not have to pay French social charges on income from capital.
In the main, the ECJ ruling affects people who have retired to France and hold a Certificate S1 that has been issued by another Member State, as well as those people who work in another Member State, but live in France.
On 27th July 2015, the Conseil d’Etat, which is France’s highest court, accepted the ECJ ruling, which paved the way for those people affected to reclaim social charges that had been paid in 2013, 2014 and 2015. Happily, this also included residents of any EU/EEA State who had paid social charges on French property rental income and capital gains.
In order to circumvent the ECJ ruling, France has amended its Social Security Code. In doing so, it has removed the direct link of social charges to specific social security benefits that fall under EU Regulations. The changes take effect from 1st January 2016, which means that social charges continue to be applicable at the rate of 15.5% on income from capital.
EXCHANGE OF INFORMATION UNDER COMMON REPORTING STANDARD:
2016 brings a new era in global automatic exchange of information between tax authorities.
Close to 60 countries are ‘early adopters’ of the OECD’s Common Reporting Standard (CRS), including all EU States (except Austria) and the popular offshore jurisdictions of the Isle of Man, Guernsey, Jersey & Gibraltar. As such, these early adopters start collecting information from 1st January 2016 to share by the end of September 2017.
Other countries, including Austria, Switzerland, Monaco, Australia, New Zealand and Canada have committed to start sharing data in 2018.
In the EU, the CRS has been brought into effect through the EU Directive on Administrative Cooperation in the Field of Taxation, which was adopted in December 2014. The scope of information exchange is very broad, including investment income (e.g. bank interest and dividends), pensions, property rental income, capital gains from financial assets and real estate, life assurance products, employment income, directors’ fees, as well as account balances of financial assets.
No-one is exempt and therefore, it is essential that when French income tax returns are completed, taxpayers declare all income and gains – even if this is taxable in another country by virtue of a Double Taxation Treaty with France.
It is also obligatory to declare the existence of bank accounts and life assurance policies held outside of France. The penalties for not doing so are €1,500 per account or contract, which increases to €10,000 if this is held in an ‘uncooperative State that has not concluded an agreement with France to provide administrative assistance to exchange tax information. Furthermore, if the total value of the accounts and contracts not declared is at least €50,000, then the fine is increased to 5% of the value of the account/contract as at 31st December, if this is greater than €1,500 (€10,000 if in an uncooperative State).
11th January 2016
This outline is provided for information purposes only. It does not constitute advice or a recommendation from The Spectrum IFA Group to take any particular action to mitigate the effects of any potential changes in French tax legislation.
Decorative & Fine Arts Society event
By Charles Hutchinson
This article is published on: 18th December 2015
The Spectrum IFA Group co-sponsored an excellent DFAS (Decorative & Fine Arts Society) lecture on 9th December at the San Roque Golf & Country Club on the Costa del Sol. The Spectrum Group was represented by two of our local advisers, Jonathan Goodman and Charles Hutchinson, who attended along with our co-sponsors Richard Brown and Lewis Cohen from Tilney Bestinvest.
DFAS is an overseas branch of The National Association of Decorative & Fine Arts Societies which is a leading arts charity which opens up the world of the arts through a network of local societies and national events.
With inspiring monthly lectures given by some of the country’s top experts, together with days of special interest, educational visits and cultural holidays, DFAS is a great way to learn, have fun and make new and lasting friendships.
At this event, over 150 attendees were entertained by a talk on Art Deco by Eric Knowles of Antiques Roadshow fame, who was simply brilliant and kept the audience gripped with his knowledge and humour.
The talk was followed by a drinks reception which included a free raffle for prizes including CH produced Champagne, a presentation wine box and a coffee table glossy book on Art Deco. Tilney Bestinvest also supplied an art deco style money box designed and crafted by Viscount Linley, the Queen’s nephew, which caused quite a stir!
All in all, a fantastic turnout and a very successful event at a wonderful venue. The Spectrum Group were very proud to be involved with such a fantastic organisation and we hope to have the opportunity to do so again.
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Why a Pension audit is vital for your wealth. (Part 2)
By David Hattersley
This article is published on: 2nd December 2015
In the previous article, I referred primarily to Pre-Retirement Planning. This article is devoted to Post-Retirement Planning ie. when you are already drawing your pension and are tax resident in Spain. For those that are lucky enough to be in receipt of a Defined Benefits Scheme (ie Civil Service / Company Final Salary Pension) most of this article will not apply to you. The same applies to those taking income from a SIPP/ Drawdown plan. This will be covered in a future article.
Primarily this article deals with “Money Purchase Arrangements” ie. Group or Personal Pensions, Stakeholder Pensions and Contracting Out of SERPs, where benefits are being taken and the tax free lump sum has been paid.
It is important to understand the taxation of income in Spain. Unlike the UK, “Earned Income” and “Capital Gains and Investment Income” are not added together to determine the highest rate of tax payable. They are kept separate with “Earned Income” taxed at the highest marginal rate, and “Capital Gains and Investment Income” capped at rates of between 20%, 22% and 24% for the tax year 2015. When one considers a person that has a State Basic Pension of £8,000 p.a. and Earned Pension Income of £12,000 (with the current rate of exchange of 1.4) it is quite easy to slip into the next highest rate of marginal tax of 31% for “Earned Income”.
One also needs to consider the rules for Lifetime Annuities by the Spanish Law “Renta Vitalicia” and its subsequent tax treatment of said income.
So why the need for a Pension audit when one is already receiving it and declaring it to the Hacienda? Are you paying too much tax as a result of the word Pension?
So does this apply to you? Possibly, and the likely reason why, is that your pension provider at retirement converted your pension to an annuity. You may have taken all the pension pots, used an open market option and transferred this to another annuity provider that offered better rates?
It is also vital to understand both the documentation sent by the UK provider on an annual basis and the treatment of pensions and annuities by the UK HMRC. Unlike the Spanish, the UK HMRC treats both pensions and annuities as one, and they are taxed under income tax rules. It is vital that this is understood. Even if you have previously informed the provider that you are living in Spain and are receiving your pension gross, due to UK HMRC rules, you will still receive a “P60 End of Year Certificate” from the provider. This clearly states under the heading “Pension and Income Tax details”.
In these cases you could be paying too much tax without realising it! As an honest citizen, one presents the P60, without having the original policy document translated into Spanish, to your local Abagado / Gestor, who in turn presents the documentation to the Hacienda. It is hard enough for them to fully understand English, let alone the tax laws relating to the UK re. pensions and how they differ to Spain. The same could be said if one is receiving advice from a UK based adviser or an “Offshore Adviser”, who are very unlikely to understand or be able to assist with the complexities of Spanish Tax law.
And the reason for this is that Spain’s tax rules treat the purchase of a Lifetime Annuity as “Investment Income” even when a “Pension Pot” is used. The full income tax law is LEY35/2006 de 28 de noviembre, del Impuesto sobre la Renta de las Personas Físicas (LEY IRPF) The specific part relating to the taxation of Annuities is found in Articulo 23 as follows:
- The taxation of lifetime annuities– Articulo 25.3 a) 2º LEY IRPF
- The taxation of temporary annuities – Articulo 25.3 a). 3º LEY IRPF
Instead of being taxed on the full income amount, a discount is applied based on the age of the recipient when the original annuity was purchased. So for someone between the ages of 60 to 65 at the time of purchase, this represents 76%. Therefore referring to the above example the taxable “Investment Income” is only £12,000 x 24% = £2,800. The £2,800 will then be subject to the lowest “Investment Income” rate of 20% (assuming no other income) ie. tax payable of £576 p.a. A very substantial saving when compared against being taxed under “Earned Income” rules. For ease, I have not calculated the rate applied if one moves into the next highest rates of marginal tax!
I have come across a number of clients in this exact situation and I am in the process of correcting this error. Already one client has had a rebate, backdated 4 years (due to the statute of limitations) and now pays substantially less tax as a result. But it is both time consuming and hard work having to track down the likes of Pearl, Equity and Law, Equitable Life, Commercial Union, Scottish Equitable, Sun Life, Clerical Medical and Eagle Star (to name but a few) who were the major providers of pensions in the 80’s and 90’s, and then confirm it was a Lifetime Annuity that was purchased.
This is further complicated by those in Final Salary Schemes like the Teachers Superannuation Scheme, who at the same time contributed to the Group AVC, and considers that the pension income comes from one source. There is the possibility that the AVC under a default process purchased an Annuity offered by the same provider.
This is a service provided for existing clients, although at some stage they will need an official translator to translate the documents into Spanish if the UK provider will not do so.
In some instances though, either because of a lack of understanding by 3rd parties ie. the Hacienda or a Gestor, some people are claiming their pension income from a QROP/ SIPP as a temporary annuity whilst still retaining control over the investment and have not actually used cash to purchase an annuity ie it is still a pension in drawdown.
This is incorrect and will be explained why in a later article. Further articles will also include “The Treatment of Small Pension Pots”, “Pensions Flexibility” and “Pensions in Drawdown”. What I have learned time and time again over the course of many years experience in the pensions industry is that the “Devil is always in the detail” and why a pensions audit is vital.
As Financial Advisers we are not professional tax advisers, but we work closely with said professionals, and in this instance the tax advice has been provided by HCS Accounting of Denia
How much have your savings increased in the last 12 months?
By John Hayward
This article is published on: 26th November 2015
How much have your savings increased in the last 12 months?
Which of the following reflects where your money has been?
Savings account +0.5% to 2% (before tax)*
FTSE100 -3.17% (before charges and after dividends)*
Cautious fund +4.3% to 5.5% (after charges)*
With interest rates predicted to stay low for some time to come, many in Spain are finding it difficult to grow their savings, or increase their income, without having to take risks they would not normally do, risking their capital.
So what are the options?
Deposit account
There are Spanish savings accounts offering around 2% although in reality this could be the rate for the first few months which will then reduce to a much lower rate. There are often restrictions on how much you can invest in these accounts. Inflation is running at a higher rate than most savings accounts and so, in real terms, most people are losing money in what they see as a risk free account.
Stockmarket
Over the long term, through growth and dividends, it is possible to make significant gains. However, first-hand knowledge, or a lot of luck, is required to make the most of stocks and shares. Most people tend to have neither. In addition, most people are not prepared to take the rollercoaster ride that stocks and shares tend to produce.
Structured Notes
These are, generally, complicated and inflexible products which are really only suitable for experienced investors. The gains can be based on a variety of things but often requiring 5 to 6 years before seeing any return.
Property
Over time, property has proven itself to be a winner. However, it has also proven that it can suffer massive reductions. It is also probably the most illiquid asset you can hold as well as potentially, the most costly to hold in terms of upfront costs, taxes and maintenance. There can also be emotional risk.
Under the mattress
This is often mooted as a home for money in times of uncertainty but then there is the risk that it could go up in flames or end up in a burglar’s swag bag.
The solution?
As financial planning advisers, we are in a position to offer the best of all worlds; the potential for growth in a low risk environment. By Investing in a Spanish compliant insurance bond, with a company that is one of the strongest in Europe, holding a variety of assets, including shares, bonds, cash and property (but not the mattress), one can achieve steady growth. There is also the facility to take regular income. Your money can grow tax free within the bond until money is withdrawn. Even withdrawals are taxed favourably. Two potential advantages; higher growth and lower taxes. Perfect!
* Source: Financial Express (12 months to 23/11/15)
The Law of Esterovestizione
By Gareth Horsfall
This article is published on: 19th November 2015
The Law of Esterovestizione.
You are probably wondering with such an elaborate title then what on earth the topic could be about? Well, this topic came about because in the last few years I have met people who are operating Ltd companies in the UK or in Ireland, but who are living as a tax resident in Italy. This could present some issues and so I thought I would explain the law of Esterovestizione to highlight the problems of registering a business in one European state but operating from Italy. (There may be other legitimate reasons for operating a Ltd company in this way, but I am aiming to explore the main issue for smaller businesses).
How does it all work?
If you own 100% of the shares in a Ltd company and your are the sole director of the same Ltd company then there could be issues if you are an Italian tax resident. The risk being that if the Italian authorities were to interest themselves in your business then they may consider that the business should fall within the Italian rules on ‘esterovestizione’.
What is Esterovestizione?
This is the Italian rule which finds that where an overseas company is controlled by an Italian tax resident it is treated as an extension of their personal assets and therefore becomes subject to the Italian fiscal system and is re-taxed in Italy in accordance with Italian tax laws for corporation tax purposes. What constitutes control is a matter of fact in each case but the authorities look in particular at the board of directors and the shareholdings. What they are looking for is the “place of effective management” of the company, where the decision-making of the company is carried out and if it is by an Italian tax resident it is likely that the rules of esterovestizione would apply.
The authorities look to the substance rather than the appearance, so that the fact that the registered office is outside Italy will not be considered relevant where it is clear that the decisions are in actual fact taken by a person who is resident in Italy.
If you own 100% of the shares and are the sole director of a Ltd company, then this has all the makings of a classic case for the authorities to argue that the Ltd company should be treated as if it were Italian.
If the company is deemed, through your control of it, to be an Italian entity, then the company would effectively be regarded as having failed to meet, for several years, all the usual obligations binding Italian companies, including registering for IVA, filing corporation tax and IVA returns, registering and filing accounts etc.
The fact that you had complied with all these obligations in the UK or Ireland would not be considered relevant.
As the basis on which esterovestizione is applied is the effective control of the company in the hands of an Italian resident you can try and avoid these provisions by appointing trusted non-Italian residents as shareholders/directors – family members, for example – or alternatively to have nominee arrangements whereby a company or individual acts as nominee shareholder on your behalf. Family members and nominee shareholder arrangements of this type are still common, but the situation has become considerably more problematic in relation to both of these arrangements and it is now difficult (and very expensive) to find a professional prepared to accept the responsibility.
However, with the general tightening of the law in relation to nominee arrangements, this kind of structure is no longer effective. The current requirement is to be completely transparent – you need to declare any structure under which you are the beneficial owner – so even if there is a third party who nominally appears to be in charge, but in actual fact they merely operate on your behalf then you are under an obligation to declare your interests in the company in exactly the same way. Failure to do this amounts to making a false statement to the Agenzia.
What is the chance of being found out?
This surely represents a much more complicated area of information exchange than we have seen in recent years for a physical person. Individuals are for all intents and purposes already under the spotlight and financial information is being shared across European and other borders. Obviously, sharing information on underlying shareholders in a Ltd company is much more complicated. However, it is a plan for the EU to action in the very near future.
The EU have been very vocal about transparency of Ltd companies and I have also seen a number of documentaries on Italian TV in the last year, on exactly this subject. One that springs to mind was ‘Presa Diretta’ which focused mainly on Italian residents who set up Ltd companies in the UK and also Panama. If you would like to see the programme, you can watch it HERE (It is 1hr 27 mins long)
It is anyone’s guess how long a free flowing exchange of information on Ltd companies will take place, but planning to ensure you are not one of the people who are made an example of is probably a sensible long term business decision. That might be as easy as setting up an Italian Srl.
Le Tour de Finance – 100th event in Dinard
By Spectrum IFA
This article is published on: 15th November 2015
Our 100th financial seminar was quite rightly our biggest yet with approximately 90 attendees out of the 106 who had RSVP’d.
Guest speakers from Rathbones, SEB, Tilney Best Invest, Prudential International and Standard Bank all flew in specially for this event alongside the organisers and founders, Pippa Maile from Currencies Direct and Michael Lodhi from The Spectrum IFA Group.
The venue, Le Grand Hotel Dinard, was a fabulous location with first-class service and an excellent buffet lunch to finish.
There were plenty of prized to mark the event – five lucky attendees went home with 100euros in cash each, everyone received a goodie bag plus there was a prize draw for other prizes including champagne, signed British rugby shirts and autographed books.
Thank you to everyone who came along and made this such a great success. If you are one of the people who unfortunately had to cancel at the last minute, please feel free to drop us a line at seminars@ltdf.eu if you would like copies of the presentations or have a specific topic that you would like advice on.
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French Social charges on UK pensions and investment income
By Amanda Johnson
This article is published on: 13th November 2015
I read online that there have been several changes to Social charges on UK pensions and investment income for British expats living in France. Is this true?
This question is very pertinent at the moment, as there have been changes and there is a time limitation on some of the possible reclamations. Therefore, prompt action is needed.
Since 27th July 2015, it has been ruled by the French Government under “Le Conseil d’Etat no. 333551” that if you are in receipt of a UK State Pension and an S1 Certificate, that the UK Government pays for your healthcare costs in France.
If this is the case (and there are some exceptions) then the French Government cannot charge you any social charges on these incomes.
They have also stated that you can reclaim any social charges paid on earnings in 2012 (2013 Avis d’Impot) and since this date. You will firstly need to check your 2013, 2014 and 2015 forms, detail any social charges paid and send a letter in French claiming this back from your local French tax office, referencing “Conseil d’Etat no. 333551”. I recommend you send this recorded delivery as timescales apply.
The deadline for 2013 reclaims is 31st December 2015 so it’s a good idea to get these sent off as soon as possible and, as your application may be the first your local tax office has received, be prepared to have to follow up your letter with a personal visit.
If you would like to discuss your personal situation please get in touch!
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