Have you completed your tax returns in France?

By Katriona Murray-Platon
This article is published on: 3rd June 2022

03.06.22

The tax season is almost over! Those of you living in departments numbered 55 to 976 still have until 8th June at 11.59 pm to submit your tax return online or if you have engaged an accountancy firm to do your tax return they also have another week or so to submit any returns. I would not advise trying to contact an accountancy firm at the moment because they are very busy and they won’t be able to start working on your tax return until the deadline has passed. The best thing is to have a go at it yourself and then correct it later in the year. Your initial return, submitted by the deadline, will result in a tax statement. If you decide to amend the return, you will get an initial tax statement and then later an amended tax statement.

Once you have done your tax return you can expect to receive your tax statement as follows:

If you submitted it online and you have paid too much tax or exactly what is owed you will receive your statement between 25th July and 5th August.
If you submitted by post and you have paid too much tax you will get your statement between 29th July and 31st August;
If you submitted your tax return by post but you have paid exactly the right amount of tax you will get your statement between 2nd August and 31st August;
If you submitted online but there is still tax to pay you will get your statement between 29th July and 5th August,
If you submitted on paper and there is tax for you to pay you will get your statement between 5th August and 26th August.

If you have paid too much tax you should get the reimbursement around these periods. If you have tax to pay it should be taken from your bank account automatically. If not you have until 20th September to pay online. The money won’t be taken out of your account until 26th September. If you owe more than €300 tax, this amount will be taken in four payments between 26th September and 27th December 2022. If the amount due is less than or equal to €300 then this amount will be taken out in one payment on 26th September. Please remember that during September the 9th instalment of your monthly payment of income tax will be taken on 15th September, so you may have two tax payments in September (and in the following months if you owe more than €300).

A situation was brought to my attention about Capital Gains Tax on the main residence when you leave France. There was a court case in 2017 which reached the French Constitutional Court regarding the exemption from capital gains tax for the main residence. Whereas a French resident may vacate his/her main residence and has 12 months to sell it for it still to benefit from the main residence exemption, according to this decision if you are no longer French tax resident at the time of sale you lose this exemption on the capital gains.

Furthermore under Article 150 U, paragraph 2, line 2, of the French Tax Code the capital gains from the sale of a property are exempt from tax “for the sale of a property situated in France where the seller is an individual, not French resident, a national of a Member State of the European Union or another State which is part of the EEA having agreed with France an administrative assistance agreement to fight against fraud and tax evasion and provided that the person was tax resident in France continuously for at least two years at any period before the sale. The exemption mentioned in the first line of this second line applies only to one property per tax payer and up to €150,000 of net taxable capital gain, to sales carried out:
a) no later than 31st December of the fifth year following the year in which the seller ceased to be tax resident in France,
b) with no time restrictions, when the property is freely available to the seller at least since 1st January of the year before the sale”.

It is this section of the French Tax Code which could, according to some Notaires, no longer apply to British citizens selling their French properties and returning to the UK since Britain is no longer part of the EU. I have spoken to two Notaires about this and neither seemed to be bothered about it. But Notaires can take different views on things. So if you (or someone you know) are planning to sell what is currently your main residence in France and move back to the UK make sure you clarify exactly what you have to do with your local Notaire and do not move back to the UK and establish UK tax residency before the sale is complete.

After a busy month of May with many people contacting me with tax questions, I am looking forward to a more normal month of June and getting out in the sunny weather to see clients. So if you would like to arrange an appointment or need to speak to me about any matters please do get in touch!

Download the 2022 French Tax Guide here

Spanish Tax on Personal Pensions

By John Hayward
This article is published on: 1st June 2022

01.06.22

Further to the recent article written by my colleague Charles Hutchinson regarding temporary annuities and their taxation of annuities in Spain, I am expanding on the tax treatment of personal pensions generally.

Depending on the type of retirement income that you are receiving, it will either be taxed as regular income, “work” income as the Spanish call it, or savings (passive) income with a different set of tax rates being applying to each type. It is generally understood that the income from pension plans that received tax relief (effectively where the contributions were deducted from income before tax was calculated) will be treated as work income.

The word “annuity” is used in a general sense in the UK as the regular payment which comes from a pension scheme. It is possible to convert a personal pension fund to an annuity, with a view to guaranteeing a fixed income for life albeit waiving the right to the capital value of the pension pot. Whether or not it is advisable to purchase an annuity is another matter. This will depend on personal circumstances.

As far as Spain is concerned, an annuity is a form of income that attracts favourable tax treatment. An annuity in Spain is either temporary or for the whole of life. The annuity is purchased. It is not income drawn from an existing pension fund unless that fund is encashed to buy the annuity. At that point though there is the possibility of a large tax bill on the encashment.

Yes, I want to book an initial call to discuss my penions in Spain

The key points here are that:

Not all pension income is treated the same way for tax
Declaring work income as an annuity is not correct and, if reported intentionally in this manner, it is possible that it will be treated as fraud. The Spanish tax office is making a special effort right now to check on this. They can go back at least 4 years with their investigations
Care should be taken when accessing retirement income to make certain that, not only is it being declared in a lawful way, but also that you do not leave yourself open to a nasty and unexpected tax bill

Contact me today for more information on how we can help you to protect your assets from unnecessary taxation and make more from your money, protecting your income streams against inflation and low interest rates, to talk about Spanish Tax on Personal Pensions or for any other financial and tax planning information contact me at:

john.hayward@spectrum-ifa.com or call (+34) 618 204 731 (WhatsApp).

Buying property in Portugal

By Mark Quinn
This article is published on: 28th May 2022

28.05.22

At the start of the buying process it is essential to sort out your residency status, financials and tax planning before you can buy a property in Portugal.

Our Portugal Manager recently spoke to Rebecca Thomson, Co-founder and Real Estate Consultant at Liberty Real Estate about the simple steps one must take before making the move.

Mark expertly explains how to apply for residency in Portugal, various visas and how to benefit from the NHR scheme.

Non-EU citizens, including the British post-Brexit, who wish to permanently settle in Portugal, must apply for a visa for the right to stay. EU citizens on the other hand have the right to freedom of movement and therefore have an automatic right to stay, so do not need to apply for a visa.

There are several visa options available in Portugal and the most common are the Golden Visa and the D7 visa.

Both visas allow access to the Schengen area, ultimate permanent residence or Portuguese citizenship, and a gateway into the Non Habitual Residence (NHR) tax scheme.

The key difference between the two programs comes down to one of cost versus flexibility. The D7 visa is clearly a lower cost route to Portuguese residency, both in terms of the fees and that there is no investment requirement as for the Golden Visa. However, the D7 route does have substantially longer minimum stay requirements.

So, if you are thinking of making a move to Portugal, or would like to benefit from the available tax incentives, watch the full interview in our informative video below.

Investment management styles

By Mark Quinn
This article is published on: 27th May 2022

27.05.22

There are several different investment management styles to consider and each will have benefits and drawbacks. The key difference are between a managed/active/discretionary route, and a passive/tracker approach, and this can be a divisive area within the investment industry.

In order to put into context the differences between these styles and which approach may be right for you, let’s first look at what a stock market index is.

An index simply measures the performance of a group/basket of shares. For example, the S&P 500 index tracks the performance of the shares in the largest 500 companies in America. As the US market is the largest stock market in the world, and the US is the world’s largest economy, it is often seen as a barometer for the health of global markets in general. The equivalent index in the UK is the FTSE 100 index.

Managed/active management/discretionary
Historically, most private investors would invest through a fund manager. In this way, you would pay an annual percentage fee to an investment institution to actively manage your investment i.e. make the buying and selling decision on your behalf.

The aim of investing in managed investments is to generate better investment returns than the stock market index as a whole, or another appropriate benchmark.

Discretionary investment is a specialist branch of managed investment whereby the manager has a greater range of investment powers and freedoms to make buying and selling decisions without your consent (although always within with the remit and investment powers that you grant at outset).

Over recent years there have been numerous studies to suggest that many fund managers do not achieve their aims of beating their respective benchmarks, and it has led some investors to favour a “passive” investment approach.

Passive or index trackers
Passive investment does not employ a fund manger to make decisions, and instead of trying to outperform the market, you simply ‘buy’ the market as a whole. For example by investing in an S&P 500 tracker, you would effectively be purchasing the top 500 shares in the US stock market.

The key difference between the managed style is cost i.e. whereas a manager may charge between 1-2% per annum to manage your fund, you can access a tracker fund from as little as 0.1% which can make a huge difference to your fund value cumulatively.

Proponents of this approach accept they will only even achieve the return of the market as a whole (with no outperformance) but because you are spending far less in fees, believe they will do better over the longer term.

Proponents of active management on the other hand highlight the drawbacks of the passive approach viz. in a falling market, you will only ever track a falling market, tracker funds “blindly” sell what may otherwise be high quality investments at inopportune times, and that tracker investments can still be complex to understand, such as the difference between ‘synthetic’ versus ‘physical’ tracking methods.

Summary – balance pays
As my previous two articles have demonstrated, tax and investment planning generally involves shades of grey, rather than black and white solutions and in practice we do not believe either approach is the ‘holy grail’.

Rather each management style can offer benefits within a balanced portfolio. Holding passives can reduce the overall cost of your portfolio (thus increasing your net return) and using managed funds can complement by avoiding “blind” automatic sales and potential downside mitigation.

Whichever route you choose, minimising fund fees is crucial as it is the biggest eroder of returns over time.

Spanish Tax Guide 2022

By John Hayward
This article is published on: 24th May 2022

24.05.22

Over the past year or so, with Covid-19 restrictions being lifted and impact of Brexit becoming clearer, we have received many enquiries regarding taxation in Spain, not only from people who are looking to move to Spain but also from those who already live in Spain, in some cases for many years. There are areas of tax that are complex, not helped by the fact that you might receive different opinions on the same tax subject.

In countries such as England, Wales, and the United States of America, there is a Common Law code. Established in England in medieval times, it is based mainly on case law. A decision made many years ago could still apply today. This is a system which has allowed us to get used procedures which have been in place for a long time. This is not necessarily the case in Spain.

Spain, like other countries in Europe, have a Civil Law code. Within this system, rules can be updated regularly. As flexible as this system is, unless you are completely up to date with the latest rules, which may only have been recently altered, it makes it extremely difficult to know how exactly you should be declaring your income and gains in Spain.

Please click on the link below to download our latest Spanish tax guide which is designed to give you a better understanding of the different Spanish taxes, to whom they apply, and when they need to be paid. Spain is made up of autonomous regions and so there can be different rules and tax rates that apply.

Download your tax guide here

However, the general principles are the same or similar throughout the Spain. You will be subject to at least one of these.

Income Tax
Inheritance Tax
Gift Tax
Wealth Tax
Capital Gains Tax

If you have any questions, please get in contact. If we do not know the answer to your tax questions, we know someone that does.

Book a zoom or call with me now

Arts Society de La Frontera

By Charles Hutchinson
This article is published on: 24th May 2022

24.05.22

The Spectrum IFA Group again co-sponsored an excellent Arts Society de La Frontera lecture on the 18th May at the newly renovated San Roque Golf & Country Club on the Costa del Sol. We were represented by one of our local and long-serving advisers, Charles Hutchinson, who attended along with another Costa del Sol based partner Jeremy Ferguson and his wife Michelle in her role as his personal assistant.

The Arts Society is a leading global arts charity which opens up the world of the arts through a network of local societies and national events throughout the world.

With inspiring monthly lectures given by some of the UK’s top experts, together with days of special interest, educational visits and cultural holidays, the Arts Society is a great way to learn, have fun and make new and lasting friendships.

At this event, over 180 attendees were entertained by a talk on the fabulous Spanish painter Joaquin Sorolla “Master of Light” by Arantxa Sardina from the Tate Gallery in London. She gave an impressive lecture, revealing what a true master he is amongst the other well known impressionists of the early 20th century.

The talk was followed by a drinks reception with a musician and youth art exhibition which included a free raffle for prizes including Charles´s gift of a book on the artist, champagne, orchids and Jeremy supplied liqueur.

It was the best turnout we have had for a few years, which was largely due to it being the last lecture of the season combined with the art exhibition and relaxation of Covid rules. A very successful event at a wonderful venue.

The Spectrum IFA Group was very proud to be involved with such a fantastic organization during its current global expansion and we hope to have the opportunity again in the next season.

Removing Confusion on Spain and UK Tax Situation Especially Pensions

By Barry Davys
This article is published on: 23rd May 2022

23.05.22

It is clear from calls and messages to me from people seeking advice there is much confusion regarding taxation when we live in Spain and have income or capital gains in the UK. Sometimes, these calls happen when people have received a letter from the Agencia Tributaria (Hacienda).

My wish is to clarify the situation so that there are no back taxes, fines nor interest to pay in Spain.

This framework will clarify the position and I include specifics regarding pensions. Tax can be, well taxing, so this framework is to help with understanding the overall situation, not to provide specific advice for your situation.

Who’s this for?
This article is for all British people who live in Spain.

Overview
A framework to help explain how do we pay tax on pensions from the UK when living in Spain?

Why to read this article?
This article is written in response to a very sad situation where a pensioner here has been hit by fines, back tax and interest from four years ago because of a mis-understanding on how to organise his tax on his UK pension. It is likely that further fines will follow for other years. The total amount of fines and interest could amount to €21,000

Your commitment
Taking the time to read the article and requesting an initial telephone or Zoom meeting below, if you want help for your specific situation.

Yes, I would like to arrange a conversation about my situation

Your Tax Framework

Top of the framework is to understand that when we have taxable events in more than one country, the country of our residency is the “controlling tax authority”. They have the final say on what tax must be paid.

If you live in Spain more than 183 days in a calendar year your controlling tax authority is Spain. It does not matter if you also pay tax in the UK.

How this works is as follows:

Declare your worldwide gross income and capital gains on our La Renta (M100) Remember it is a self assessment form and so it is our responsibility to do so
At the end of the La Renta form is a box for entering tax paid in a country with a double taxation agreement with Spain. Put the tax paid in this box or insist your gestor does so. Even post Brexit the double taxation agreement is still in force
UK pensions gross income all have to be reported in Spain

If you live outside the UK and provide a certificate of tax residency in Spain you can claim dividends, bank interest and even private pensions without paying UK tax (because you will pay tax in Spain).

Pensions, however, are a great source of confusion. The UK retains the right to tax state pensions, military pensions, civil service pensions and a number of others. Previously these did not have to be reported in Spain. They do now!

Tips on pension tax

On private pensions and most company pensions ask the provider to pay you gross
If you have a UK pension where it is automatically taxed or is a state pension, record all tax paid in the UK and get proof of payment from the pension provider
Report the gross figures in Spain
Your state pension is paid weekly, not 12 monthly so remember to include all payments in the calendar year
Ensure that any tax paid is listed in the La Renta box for countries with double taxation agreements. Result – no double taxation
If the tax paid is missed off this box, try to make a Refund of Tax using UK HMRC form R43 and or form R40. It may be possible depending on your circumstances
One word of warning. Do not use companies offering to reclaim your tax for you. They are expensive, some may be improper and you can easily send the form yourself

For an initial call to find out more, choose a time for a phone call or Zoom meeting that is convenient for you CLICK HERE

In my profession as a financial adviser for international people living in Spain I have a clear understanding of tax rules and recommend that you employ a good local tax adviser. This article is not tax advice as it may not reflect your personal circumstances. It is merely a framework to help with your understanding. I hope this article provides more clarity on the issue and helps when you do go to a tax adviser.

When to keep ‘unsuitable’ investments

By Mark Quinn
This article is published on: 20th May 2022

20.05.22

A lot of people contact me believing they cannot keep certain investments. As I said in my article last week, it’s all about the subtleties, so let’s look at some examples.

Individual Savings Account
For Non Habitual Residents (NHRs), interest and dividends are tax exempt during the 10-year period but realised gains are taxed at 28%. For non-NHRs, interest, dividends and gains are taxed at 28%.

If your move to Portugal is short-term, or if you are not certain that it will be your long-term home, then there is a case for retaining your ISAs. Although you cannot add to them whilst non-UK resident, you can continue to hold them, and once you return to the UK they resume their tax-efficiency.

A planning point you may wish to consider if you have a stocks and shares ISA is to ‘rebase’ by selling and then immediately repurchasing the same funds within your ISA prior to leaving the UK to ‘wash out’ any taxable gains accrued to the point of your departure. This way, if you did decide to restructure, encash, or withdraw from the ISA as a Portuguese tax resident in the future, there would be litle or no tax to pay in Portugal.

As a general guideline, if you believe your move to Portugal is long-term (as a rule of thumb, 5 years or more) then restructuring and starting an investment vehicle that is suitable for residency in Portugal would make sense for greater tax efficiency, amongst other reasons. If this is the case, planning well in advance is advantageous, as there is no tax on ISA closure for UK residents.

Investment bonds
‘Non-compliant’ bonds are those that are not officially recognised by the Portuguese authorities. Usually all premiums paid into ‘compliant’ bonds are taxed, albeit at a very small amount. This effectively registers their tax favoured status and guarantees the tax breaks, assuming all conditions are met.

There may be a case to retain a non-compliant structure if you do not intend to make withdrawals because there is no tax to pay if nothing is taken out. However, you should still review the plan as there may be lower cost or newer options out there. If you do withdraw funds, we have seen some non-compliant bonds benefit from the same tax treatment as compliant bonds, but there is no guarantee.

Encashment would be a good idea if the policy originates from a blacklisted jurisdiction as tax on gains is punitive at 35%, rather than 28% or less depending on how long the policy is held. Also, if you want to guarantee the tax advantages and policy qualification, you will want to ensure you are holding a Portuguese compliant product. Other points that might affect the decision are how succession laws are affected, policy flexibility, currency and fund choice, and the consumer protection offered.

UK pensions
Pensions are a more complex area of planning and if you get it wrong, it could have consequences for your future lifestyle or ability to support yourself in retirement.

You should always seek personalised qualified advice when addressing your retirement planning, but as some food for thought:

You may wish to retain your UK pension if you have no lifetime allowance issues or do not plan to take withdrawals during your lifetime. Again, you should still review the pension regularly. You might look transfer to an EU based scheme if your total pension benefits are close to, or more than, the UK lifetime allowance (currently £1,073,100), or you are concerned about currency fluctuations and want certainty. You might even withdraw completely if you have NHR, no UK Inheritance Tax or succession planning considerations and want tax-efficiency post-NHR in Portugal.

There are of course many other investments or structures out there such as premium bonds, EIS, VCTs, trusts, QNUPS etc. that may or may not work for you in Portugal and I suggest you discuss your options with a qualified and experienced professional.

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When Non-Habitual Residence does NOT work

By Mark Quinn
This article is published on: 20th May 2022

20.05.22

The nuances of advice part 1

Applying for the Non-Habitual Residence (NHR) scheme is generally considered a ‘no brainer’ but as these three cases studies in particular highlight, you must be careful as it can lead to an unexpected and worse outcome.

Case 1 – tax saved £280k
Paul contacted us as he was looking to apply for the NHR program once he moved to Portugal because he was aware of the 10% flat rate of tax applying to pensions.

After analysing the nature of Paul’s pension, and taking into account his other income sources, it transpired that he would actually be worse off by applying for NHR. This was because with the type of pension income he would receive, he would be able to report on the ‘85/15%’ basis in Portugal – this meant that, even if his income fell into the highest income tax bracket of 48%, the highest possible tax rate payable would have been 7.2%. Although 2.8% seems like a small amount to save, because he had a large pension in excess of £1m, this amounted to a significant saving.

In addition, Paul was also unaware that the 25% pension commencement lump sum (previously called tax free cash) that was available to him as a UK tax resident would be lost when he became a tax resident here. By highlighting this to Paul, and by mapping out a timeline for planning, we saved Paul additional tax.

Case 2 – tax saved $700k
George is originally from Australia but currently living in the UK and was looking to relocate to Portugal. His main driver was the ability to draw down his large final salary pension scheme at the flat 10% rate compared with the highest rate of 45% that he would pay as a UK tax resident.

After providing him with an actuarial comparison of the pros and cons of retaining the final salary scheme compared with extracting as a lump sum, George felt transferring the scheme suited his family position better.

On the surface, taking advantage of the 10% flat rate appeared to be sensible planning but we highlighted to George that his non-domicile status in the UK meant that, using the remittance basis of taxation, he could extract the fund in full at less than 3% tax in the UK.

We will continue the planning for George as he transitions from the UK and establish a suitable structure for him when he eventually establishes residency in Portugal.

Case 3 – taxed saved £400k+
Roger and Sue are the beneficiaries of a trust that was established by Sue’s late father many years ago, and this constitutes their main source of income.

As NHR does not benefit trust income, they would have faced a tax rate of 28% on all withdrawals from the trust.

After analysing options, we arranged for the trust to be wound up and distributed to Sue, saving the couple over £400,000 in potential income tax, and arranged a lower cost and lower risk structure that is tax efficient for residents of Portugal. In addition, they managed to maintain an appropriate level of control in terms of how their children benefited from the asset on their death without creating tax issues for them as beneficiaries in their country of residence.

The above cases highlight the importance of speaking with an experienced and regulated cross-border tax adviser. Contact on the form below.

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Temporary Annuities in Spain

By Charles Hutchinson
This article is published on: 19th May 2022

19.05.22

Over the last few years, there have been some well-known IFAs here in Spain advising their clients that they can save up to 88% on their income tax in Spain by stating that their pensions are temporary annuities. In some cases, this has caused serious problems for pensioners. There is no way the Hacienda would offer such benefits unless these annuities were such from outset. It would seem logical if this was to be set up as such from outset, the schemes would have to be domiciled here in Spain for the tax reasons I go on to explain. Similarly, the annuity status could not be applied to foreign pension schemes being exported by expatriates from their previous country of residence when they come to live here.

For example, I have come across clients who have transferred their pension abroad under QROPS rules, they then instruct their trustees to pay them a set income for, say, 5 years. In some cases, the trustees would give them a certificate confirming that this income is a temporary annuity. Ironically this not only potentially makes the trustees as culpable as the pensioner but so too the gestor or accountant drawing up that tax return.

An annuity is something you buy from a financial institution (usually a life assurance company) for a certain sum. In return, the company will pay you an income for life or a fixed period. Once purchased, that money is no longer yours and it is irreversible.

However, the money in a pension scheme (although legally owned by the trustees) is for your benefit in your lifetime and can be passed to your beneficiaries or spouse, depending on the scheme T & Cs. The income can be stopped, restarted, raised, lowered, or even taken in lump sums (again depending on the scheme particulars). The capital remains at your disposal. Therefore it cannot be regarded in any way as an annuity, let alone a temporary one.

Those who promote these “loopholes” are tapping into one’s natural desire to lower one’s taxes. They are exploiting genuine tax benefits offered to those who have already paid income tax on their savings with which they purchase an annuity for a fixed period. The special low tax rates which go with these annuities are by way of partial compensation for having your tax-paid capital repaid to you. Whereas pension income is always taxed at your marginal rate, mainly because there is tax relief on monies you put into your pension scheme, with both money purchase and occupational pensions. Furthermore, pension “pots” are invested and will attract, if properly invested, investment growth.

Those companies who advise people to do this and those who file a tax return claiming their pension is an annuity (when it clearly is not) are committing tax fraud. And there are very heavy fines for doing such a thing. A tax audit can go back up to 5 years and the tax shortfalls can involve sizeable sums especially when the fines are included. At pension age, this can be very distressing and a very nasty shock to an elderly person.

Spectrum can help you avoid this situation by reviewing any previous advice given and offering an unbiased opinion. We research our products and taxation thoroughly before advising our clients. If you have any doubts about your pension and the advice you have already received, then please contact me for an initial meeting which carries no fee. We want you to have peace of mind so that you can tell others about us. Spectrum is not in the risk business but very much here to protect your wealth.