Understanding Italian tax legislation

By Gareth Horsfall
This article is published on: 22nd January 2021

22.01.21

I normally like to start a new E-zine or article with a story or some kind of recent experience to try and provide context to what I am about to write. However, because of my lack of travels, I am lacking stories at the moment. In fact, I am now starting to believe that there is a government conspiracy to bore me to death, or they are in collaboration with Netflix to lobotomize me with endless series and films. Lockdown phase 2 is proving somewhat monotonous!

So, with the fact that there isn’t really much to tell you other than work related matters, then we might as well crack on, because the truth is that as a result of Brexit a number of financial things have changed. A lot of my clients are now non-EU citizens (i.e. Brits), and so a better understanding of Italian tax legislation is essential. We have done some extensive digging in this regard and our investigations have sprung up some unwelcome news for some.

The information we found was buried so deep in Italian tax law text that it took us (in reality my colleague Andrew Lawford ended up discovering it through sheer determination and persistence) quite some time to dig it up. So make sure you read the whole E-zine as something might be relevant to you.

I should add that the financial services industry is still trying to work itself out and we should remember that there is no deal for financial services as part of the Brexit trade agreement. A lot of hope is being placed on a potential trade agreement being reached on financial services by the spring, as professed by Rishi Sunak, but I have my doubts.

SO, WHAT ARE THE CONCERNS?
Let’s start with the one that got the most press leading up to Brexit. The automatic closure of UK bank accounts for EU residents.

There is not much to say here, other than the main culprits seem to be Barclays, Lloyds, Nationwide, Royal Bank of Scotland and Halifax. To date, my experience with clients is that the closure letters are a bit of a scattergun approach. Not everyone I know with an account in these banks is being approached to close it.

I am asked a lot about the possibility of using a UK address of a relative or friend and whether this would alert the bank to you living in the EU or not? The likelihood is that it will for 2 reasons. The first is that under the Common Reporting Standard (International sharing of tax and financial information) banks only need to ‘suspect’ that you are resident in another country. This might be determined from activity on your account, or other financial information that they may receive from foreign tax authorities. The second reason is that ultimately you should be asked to prove the address you provide. A simple check on the land registry can avert them to the fact that you are not the registered owner of the property. A standard requirement is to request a copy of a utility bill showing your name and address on it or some kind of official tax authority document. If you are unable to prove these, then the chances are that the banks will catch up with you sooner or later.

So, what are the alternatives? I have recommended Fineco as a good Italian bank alternative (for transparency purposes, I have been an account holder for approx 10 years) but I believe that more of you than ever are finding it easy to open and use Transferwise as a transitionary online solution. But it’s NOT a bank, so beware! There are online banks as well, such as N26 and the online offshoots of the regular Italian banks. There are certainly lots of options available although finding a non-UK alternative that will allow UK direct debit payments is pretty much impossible.

UK PROPERTY OWNERSHIP
I have written previously about this and the increased wealth tax that will now be charged on UK property ownership for Italian residents.

To recap, in a pre-Brexit world a UK property owned by an Italian resident would have had a wealth tax charged against it each year, in Italy. The value for calculating this charge was 0.76% of the council tax value of the property. This is considerably lower than the market value in most cases. However, now that the UK has left the EU the method for calculating that wealth tax changes.

Properties that are located outside the EU are subject to the same charge, 0.76%, but in this case the valuation basis moves to the purchase/acquisition value of the property, where provable, and the market value otherwise. For most people I am finding that this is quite a difference, and for anyone who has bought in the last 10 years or so, this means a mostly, higher annual wealth tax charge. To date, I have only come across one person who retired to Italy and had retained the family property in the UK for many years, and could benefit from a very low purchase value for calculation purposes, hence a net tax benefit as a result of the tax change post Brexit. Most are going to find that their cost of holding UK property will increase as a result of the UK leaving the EU.

TAX BREAK…
For anyone inclined to sell their UK property then we shouldn’t forget that there is the possible ‘sale-of-home’ tax break as an Italian resident. If you have owned the home for more than 5 full tax years then Italy does not consider a property sale speculative (even a property located overseas) and so no capital gains tax is charged in Italy. You may have tax applied in the country in which the property is situated, in which case you would need to check the local tax laws. In the case of the UK, a property sale as a non-UK tax resident means capital gains tax would be charged on the property, but only from the date at which the legislation was introduced: 6th April 2015. What this means is that any gains made up to that point can effectively be written off, and the cost value for the purposes of calculating the capital gain would be the value as at the 6th April 2015 or later, depending on when you bought the property. A handy tax break for anyone who has held property in the UK for more than 5 years.

UK IFAs
Now, we come onto the more technical points and an area which I see evolving over the coming year/years: UK IFAs (Independent Financial Advisers).

Even when the UK was inside the EU it was not uncommon for me to come across people who had existing relationships with UK based IFAs who advised them on their finances, in the same way that I do for my clients living in Italy. But, even inside the EU most firms were not licensed to work with clients who were living in an EU state (it was easy enough to check on the Financial Conduct Authority website in the UK), and even in the few limited cases where they had the licence they did not have any experience of the Italian tax and financial system, so their advice was mainly useless and normally bad for the client. However, many continued to operate regardless, protected (loosely) by being a member of the EU.

Fast forward to a post Brexit world and the fog has cleared. If you are working with a UK based IFA, and living in Italy, then you should not be receiving any advice from them. They will not have the necessary authorities or licences to operate in the EU, and as such, you as a client are not protected for any advice that they give you. This has been very clearly highlighted in a Banca D’Italia document which was released at the end of last year.

If you do work with any UK based financial professional it would be in your interests to contact them and ask if they have an EU based entity to ensure they can continue to work with you. In much the same way as the banks are pulling out of the EU (the ones that have no intention to develop or maintain their existing EU business), IFA firms (small or large) should also be doing the same.

I have to admit, that I have benefited from this because a number of UK firms with Italian resident clients have already contacted me about passing on their clients because they are no longer able to work with them. I expect this to continue as more firms understand their legal liability of working with clients in an un-licensed capacity.

If you are in this situation please speak with the firm and/or send me a message and I can help you to look into it in more detail.

ASSET MANAGERS
This is a category, very similar to UK based IFAs. These are firms which generally manage sizeable portfolios for clients and have a direct relationship with the end client. To date there are mixed messages coming out of this sector. Some asset managers are aiming to pass EU based clients to EU based firms, like ourselves, others are clinging onto various legal loop holes to retain business. If you have a portfolio managed by a UK based asset manager directly, then the best you can do is to contact them and ask them what their post Brexit plans are. We expect that over time the EU will develop a more protectionist and hardline stance on working with non EU based firms.T his will ensure that they can more readily protect their EU residents and citizens and also win business from the UK.

Where UK asset managers are used inside Italian tax compliant accounts, in the way that we mostly structure assets for our clients, then you do not have to worry as the provider of the account will be keeping abreast of legislation as it changes.

***For all my clients, please be aware that we are on top of any changes in this regard and you do NOT need to contact your asset manager as a result of the content in this E-zine. If anything changes we will notify you as soon as we become aware. We also have contingency plans in place should any changes need to be made***

TAX ON UK DOMICILED ASSETS
This is probably the most revealing piece of information that we have discovered, and whilst it is new for UK residents, it has always been the tax case for other non-EU Italian residents e.g. US citizens. And very important information it is as well for the holders of UK domiciled non-property assets (excluding bank accounts).

We are not sure if most commercialisti are aware of what we discovered and so we encourage you to have a discussion with yours if you think you might be affected!

Essentially, if you hold non-EU approved investment funds in a portfolio with a bank or an asset manager, then these same assets must meet 3 simple rules for the flat 26% tax treatment for investment income and capital gains to be applied, in Italy.

1. The fund or collective investment must be established in a member state of the EU or EEA
2. It must be sold in Italy under the relevant distributions guidelines from the regulator CONSOB
3. And if you are working with someone who manages your money they need to be subject to EU authorisations in the country in which they operate from

And the important point to note is that any investment fund must be covered under all 3 criteria and not just one!

What is the consequence if your collective investments don’t meet these criteria?
Very simply all your investment income and capital gains are added up and taxed at your highest rate of income tax! They are added to all your other income for the year and taxed accordingly. For someone who is earning up to €15000pa (pensions, rental income and/or employment income) then this would be advantageous, but for any figure above then your tax rate will be higher than the 26% currently charged on the same asset.

How can you check if you have a non-EU domiciled collective investment asset?
Very simply, all securities are allocated an International Securities Number (ISIN code). You will need to check that yours starts with an EU approved code, such as IE, LU, FR, IT etc. For any UK citizen living in Italy holding securities/funds or assets, whose code starts with the letters GB, then it might be time to take another look at your financial planning as a resident to try and mitigate any future tax charges on these assets.

And that’s it for this E-zine! There are quite a few financial planning considerations to be taken into account here and so I will elaborate on them in future E-zines, but if you have any doubts as to whether any of these topics may apply to you, or want some help looking into anything, then I would suggest you get in touch using the form below.

Bitcoin in your investment portfolio – what is Bitcoin, how to use it and what it will do

By Barry Davys
This article is published on: 18th January 2021

18.01.21

Love it or hate it seems to be the approach to Bitcoin. It will be the best investment ever or it is just a bubble controlled by the few people who can pull the strings, rumoured to be the Chinese.

Let’s start with “What is Bitcoin?”. Bitcoin is a piece of computer software with the ability to share pieces of the software with other people. Of course, the other people have to pay for their share of the software and the price varies according to supply and demand. In principle, there is nothing wrong with this. It worked for Bill Gates.

To get a better of understanding of Bitcoin it is worthwhile making that comparison with Microsoft. With Microsoft we know who owns the product, the products have set prices and perform a function that makes something happen, e.g. run our computer, allow us to write letters, make presentations and do our numbers on spreadsheets. Bitcoin has none of these attributes.

The way Bitcoin pricing works is much more like a commodity. If you go to Starbucks today and buy a coffee, let’s say you pay 4€. Next week you want a coffee. The same coffee now costs 5€. The coffee has not changed, only the price. The difference may be due to shortages, logistical difficulties during a pandemic, many more people wanting a Starbucks coffee, exchange rate movements etc. Bitcoin works in the same way. The price of Bitcoin is primarily set by demand as the supply is fixed. There are only so many Bitcoins in the World. At least you can do something nice with a coffee bean. Bitcoin’s primary purpose is just as something you can sell to someone else. It has no other purpose at the moment.

You would now have a valid point if you were to pull me up on this analysis. “You can use it to buy goods and services” is a fair comment to make, however, there is a ‘but’ that should follow that statement. Whilst the number of places you can use Bitcoin to make a purchase is increasing it is not widespread.

Bitcoin is super volatile, which is great on the way up and terrible when it falls after you have just bought it. Here are some important figures which tell you about Bitcoin’s volatility.

2009 – 2017 little price movement

Autumn 2017 the price rises

October 2017 $5,000

November 2017 $10,000

17th December 2017 $19,783

April 2018 $7,000

November 2018 $3,500

14th March 2020 $5,165

It has bounced again in recent weeks and is now at $40,714 as I write this article (9th Jan 2021). Institutional investors (fund managers, hedge funds etc) are now buying Bitcoin. Increased demand of a fixed supply commodity pushes up the price. Will this last? I do not know. Is it a bubble? Again, I do not know. However, what I do know is that institutional investors invest to a plan. They systematically take profits i.e. sell some of their holdings. They are disciplined. They manage risk by keeping a balance of different investments. Should these institutional investors take profits, other fund managers will follow and sell so as not to get caught out by a large price fall. Their careers depend on getting it right. The ability to feed their family depends on it. They analyse, have large teams doing research, watch and wait before buying and sound out other professional colleagues to ensure they sell in a timely manner. The field of behavioural finance has shown that as individual investors we use the part of our brain driven by emotion when making investment decisions, especially when there is a big price movement in an asset. This emotion based decision making often leads to poor decision making.

This is why it is beneficial to speak with a professional financial adviser who can be more analytical!

There is a body of opinion from Bitcoin exchanges and advocates that is putting forward the theory that Bitcoin is going to become a national currency in some countries and therefore the price is going to go ballistic (their phrase). It is unlikely that a non regulated, very volatile commodity will be used as a national currency.

Here is an example from me of the practical problems. A solicitor practice in Barcelona started to accept Bitcoin for settlement of their fees. It looked like a superb idea to show they were a forward-looking firm.

The problem comes with the volatility. Between issuing the invoice and payment by the client there is a delay. Having charged 1.03874 Bitcoins, for example, they had no idea how much they would get in the currency that would pay all the bills of the firm, such as their staff (Can we pay you in Bitcoins Mrs staff member? Ah, no!), electricity company etc. So having chosen 1.03874 Bitcoins as the fee because that would generate 4,000 in Euros, at the date of payment it could have been just €2,000 value. For this reason it is very unlikely that Bitcoin will become a national currency!

If you wish to invest in Bitcoins, it is worthwhile separating them from your primary investments. Bitcoins will then not influence your investment decisions on your main portfolio in the way that they might be if they are on the same investment platform. How much should you invest in Bitcoin? Set aside a percentage of your savings and only invest that much. Whether it is 1% or 10% will depend on your overall circumstances. However, with Bitcoin it is very worthwhile applying the rule that only invest what you can afford to lose. That way, if you lose it all it has not damaged your financial wellbeing. If it goes up 400% next week, you will be able to take some profit and perhaps spend your winnings on something frivolous.

Bitcoin profits will be taxed. Remember to put money aside from your winnings to pay tax. The amount of tax will depend on your country of residence. The annual declaration can be very difficult so keep track of all your transactions. A figure of 23% of the profit is a good guideline as the amount to put aside if you live in Spain.

Practical Tip. A more mainstream alternative to investing in Bitcoin is the technology that Bitcoin is based on called blockchain. Blockchain has lots of uses and is good news. Uses include electronic voting in national elections, supply change management, payment systems, and anti-counterfeiting software. It can also allow companies to work together and share only what they need to for a specific project.

As an example of what is possible, there are also many Blockchain propositions for supply chain management for Covid 19 vaccines and contact tracing. For more information on blockchain, you could read “Blockchain Revolution” by Don and Alex Tapscott. You can already find many investments to include in your main portfolio such as ETFs and funds. For more information on these funds email barry.davys@spectrum-ifa.com

A final point on Bitcoin. When someone sells a Bitcoin what does the buyer pay with? It is one of the major currencies. Sellers still want good old fashioned US dollars, Euros or Sterling when they part with their coin. That tells us something!

Form D6, Modelo 720, Declaracion de la Renta and Wealth Tax reporting dates

By Chris Burke
This article is published on: 15th January 2021

15.01.21

Whether you have lived in Spain for a while, or are new and trying to understand when you need to submit to the various deadlines, including taxes and overseas assets, I have listed below in an easy to read format what you have to declare and when, to help make your life more simple. These have been the same for the last few years and so should remain moving forward. If you would like help in understanding, declaring and any other questions don’t hesitate to get in touch.

End of January 2021

FORM D6
Stocks, bonds and investment funds that are outside of Spain and are not Spanish compliant. (this is to compliment and not replace Modelo 720). Failure to comply with the obligation to submit this Form D6, can lead to a fine of up to 25% of the undeclared amount, with a minimum of €3000. Late declaration entails penalties ranging from €300 in the first 6 months to €600 after that deadline.

End of March 2021

MODELO 720
This is a declaration of assets outside of Spain value of €50,000 or more. Once declared you only need to do this again if the value of any asset (e.g. a bank account) has risen by more than €20,000). The authorities can fine you anywhere between 100 and 10,000 euro for failure to meet the requirements (as of 2019, the European Union considers Spain to be breaking EU law with these sanctions for people who file the Modelo 720 late).

End of June 2021

Declaración De La Renta
Your annual tax return, showing all assets and worldwide incomes, must be declared for assessment by this date. Not all assets will be taxable, depending on how they are structured. In Spain the financial year runs from January through to December, and in June you are declaring for the previous calendar year’s finances.

Wealth Tax declaration – Catalonia
Wealth tax is applied if your worldwide assets are more than 500,000€ with an additional allowance of up to 300,000€ for your main residence. The tax is based upon your net wealth: assets minus liabilities. In Catalonia the rates of tax start at 0.21% and rises to 2.75% depending on your wealth each year and is taken from the 31st December the previous year. There are ways of mitigating this tax by having your assets structured correctly.

What role do Chris and The Spectrum IFA Group perform?
I am a financial planner/Wealth Manager and we specialise in optimising clients’ assets, including strategies to minimise taxes both now and in the future. We manage clients’ savings, investments and pensions whilst understanding what these are and the role they will play in their lives. I do my best to continually keep clients informed of anything they need to know in respect of these topics.

Are you and your investments adapting to change?

By John Hayward
This article is published on: 11th January 2021

11.01.21

It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is most adaptable to change

I didn’t write that and neither did Charles Darwin, even though many websites state that it is from Darwin´s Origin of Species. In a way, it doesn’t matter who wrote it. What is important is that it is not necessarily the strongest, or the most intelligent, who have survived this coronavirus. Many people have adapted their lives, with guidance, to avoid contracting the virus and/or passing it on in case they have it without knowing.

When lockdown took affect here on Friday 13th March 2020 panic was rife, which manifested itself through stockmarkets crashing across the world. If there is one thing that we have learnt about the human being, it is that he or she is likely to overreact in times of trouble. Toilet rolls, bleach, and selling off stocks and shares were the focus for many in March and April. Months later, it appears that we are not going to the loo so often, houses don´t need cleaning so regularly, and that the business world is in better shape than a lot of people realise.

I return to the “Darwin’s” theory, focusing on adaptation. Some companies were already struggling pre-Covid 19 (21st century companies with 20th century ideas), so the pandemic has accelerated their demise, whereas other companies have taken advantage of the online and digital world, made more prominent because of Covid-19, and have adapted to the demand created by Covid-19.

Brexit has gone (at last!). Boris Johnson has achieved what he wanted. We shall see where that leaves Britain and the consequences for those of us living in an EU country. We knew that there would be changes; deal or no deal. There will be more paperwork, more checks, more headaches, and less freedom. However, those with the desire to adapt, will. This adaptation should bring security, confidence, and an overall feeling of well-being.

So whether it was Darwin, Mrs Miggins from the cake shop, or the bloke down the tavern, who spoke of adaptation all those years ago, the important thing is to look forward, act responsibly, and ignore all the horrible and, at times, unnecessary press reports and local gossip. Not only will all the negatives affect your mental health but they could also impact your wealth. We are not doctors but we can perhaps help your wealth make you healthier.

Are you a UK IFA with Clients Living in Italy ?

By Gareth Horsfall
This article is published on: 8th January 2021

08.01.21

ARE YOU UNABLE TO SERVICE THESE CLIENTS POST BREXIT?

At The Spectrum IFA Group we can look after your clients long term as licensed and regulated financial advisers operating in Italy.

The things you should know before you contact us for our help:

We specialise in financial planning for English speaking expatriates across western Europe
We are locally authorised in all jurisdictions in which we operate and across the entire EU (and Switzerland). Our regulatory status is unaffected by Brexit
We hold financial services licenses for both insurance mediation (Insurance Distribution Directive compliant) and investment advice (MiFiD compliant)
Established in 2003, we have 50 advisers and 12 regional offices
We work only with large, well known asset managers including Blackrock, Jupiter, Fidelity and Prudential. For clients with higher value portfolios we also use discretionary investment managers such as Rathbones, Smith and Williamson and Quilter Cheviot
As part of our terms of business, clients of The Spectrum IFA Group receive ongoing, long term service and support. All advisers live within easy travel distance of their clients
We are not an offshore broker. We do not use products from UK dependant territories (such as the Isle of Man or Channel Islands) as they can produce adverse tax consequences for clients living in Europe. We advise that you don’t use any of these structures for your clients if they are EU resident
We use only locally compliant products which are designed specifically for the jurisdictions in which our clients are based
We work on a transparent charging structure with all clients. Charges are deducted directly from the products and solutions we recommend. We do not invoice separately

As the end of the transition period is rapidly approaching we ask that you contact us as soon possible to allow time for us to complete any necessary restructuring of client assets.

If your clients are resident in the EU or Switzerland, or intending becoming resident, please feel free to contact us for a no obligation discussion to determine if we can look after your clients post Brexit.

You can contact me at gareth.horsfall@spectrum-ifa.com

What’s the story with ESG investing and what can it do for your savings?

By Barry Davys
This article is published on: 7th January 2021

07.01.21

ESG investing is now a mainstream type of investing and a useful part of a portfolio. But what is it and why is it good for me?

A year ago, someone came to ask for advice on moving investments from UK investments to Spain investment. We discussed their position, their requirements, their reasoning behind moving the money to Spain. All the reasoning behind the thought process was very sound. However, there were some practical aspects that I highlighted that needed addressing before making the move. The issues were taxation in Spain and their requirement for sustainable and/or responsible investments.

These people were really pleased with their investments with returns over 120% in 8 years. The increase in value in these funds had been so spectacular that there was a large capital gains tax liability in Spain if they were to sell. Also, the funds also still meet their belief in ESG values.My advice was for them to keep their investments.

So what is ESG investing and why have the returns been so good? Why is it a good type of investing for the coming years? ESG is short for Environmental, Social and Governance. ESG investing is investing in the shares of companies that have good practices in these three areas.

An example of a company that would tick all three elements is a company that sells solar panels and a maintenance contract for them but does not charge for the electricity that the panels produce. Many of the established players in the market sell panels and then charge for the electricity in the same way as a normal electricity company.

This is my view, but charging for the electricity produced is wrong. The source of the power, sunlight, is free. Sunlight costs the seller of the solar panels nothing and should not therefore be charged to the panel buyer. Companies that sell solar panels without charging for the electricity meet the governance criteria. They also meet the environmental aspect because it is a renewable energy. These companies are now providing social benefit because they are setting up systems for communities, e.g. apartment blocks. They are a good example of a company that meets the ESG requirements.

Why is this good for your portfolio? When the “good” companies highlight that energy is free once you have bought their panels, sales will increase. We would all like free energy having bought the panels. Other recent ESG examples include Zoom and other companies that allow us to work from home (+400% share price increase in 12 months), Geely who owns Volvo, Lotus and other brands all converting to electric cars (+70.66%) and BlackRock Inc, the world’s largest asset manager who has just declared it is moving to ESG screening for every investment it makes (+41%).

BlackRock assets are $7.81 trillion as at 31st December 2020. They are joined, in varying degrees, by the following fund managers in ESG vetting of and investing in companies with ESG credentials.

Fidelity
JP Morgan Asset Management
Morgan Stanley
PIMCO (World’s biggest bond fund manager)
Vanguard $6 Trn fund manager

This is a small number of the fund managers that have declared their intentions to invest in ESG assets. Are they doing this because of a collective social consciousness? They may tell us that, but the reality is the companies that can be classed as ESG are often the companies of the future. This is where the growth is and with this much collective demand from the above managers and more the sector will be well supported.

At Spectrum we believe in the benefits of ESG investing; it goes alongside our support of a number of charities. However, we also believe in it as a method of adding future value to our clients’ investments.

If you have a question about ESG investing and would like to discover more, please feel welcome to get in touch. We are also happy to review your investments to see how you can incorporate ESG investing into your savings.

You can be an ESG investor today!

As individuals, you can join the ESG movement.

Spanish private pensions

By Chris Burke
This article is published on: 1st January 2021

01.01.21

Approximately 45% of people living in Spain contribute to a private pension. For someone who is from another Western, perhaps non-Latin country, this would seem remarkably low. Many years ago, in the UK pensions were almost guaranteed as part of an employer package, and a while back it became compulsory for anyone working in a company aged over 22 and earning more than £10,00 a year to contribute to one. But that figure of 45% in Spain could be about to get even lower…..why?

Spain has decided to lower the amount of private pension contributions you will receive tax relief on, from a low €8,000 per year (the UK has an amount you can contribute annually to of £40,000) to a measly €2,000 from 2021 onwards.

I have an open-minded view about pensions; I do not see them as essential, which may seem strange coming from a Financial Adviser. For me, a retirement plan does not need to include or solely be a pension, as long as there is planning in place. The only things I see as good value for the saver with a pension is that employees may contribute into this for you, and the potential tax savings received. I say potential tax savings here, because yes, you may receive tax relief when adding to these pensions, however, more often than not, unless you can mitigate your tax situation, will pay taxes when taking the money out, so more commonly they are a tax deferral system (which is still some kind of potential benefit).

So, if you take away employer contributions, for me private pensions, certainly as an international person living and working away from your country of residence, doesn’t seem all that attractive. If you ever leave that country the pension stays there, under that

country’s rules, and you cannot access this money until age 67 (in Spain) and invariably, in my opinion but seen through clients and performance charts, Spanish private pensions are generally not that good. Look at most Spanish banks’ pension funds and you will find high commissions, too much investment in the Spanish market, and not enough advice.

What should a retirement/pension plan look like? Well, it’s about having a plan/strategy, regularly reviewing and understanding it doesn’t have to be a ‘pension’. It can be property; indeed, one of the reasons private pension contributions are so low in Spain is because culturally they are property lovers, often not just one, but several. These are usually structured within a Spanish company and passed down through the generations, and can be a very attractive investment and also tax efficient. Buying property in Spain is expensive, approximately 13% in Catalunya for example, however if you rent this out as a long-term rental, up to 60% of that annual income is tax exempt.

What this doesn’t give you though is liquidity, so, if there is a property slow down, you could be stuck with that investment unless you want to take a loss on it, or you may have to leave it behind if you move on. It can also be a big hassle, with Okupas (a common problem in Spain of people unlawfully living in your property, and who are very difficult to get rid of, indeed sometimes it can take years to do so and cost a lot of money). Many people working now are almost in a ‘golden generation’ to think about their pension planning. Many of their parents have assets/properties that have grown very well, and will more often than not leave them a considerable amount of money (see my article on inheritance planning for a potential tax problems there!) They seem less worried about their retirement, than perhaps their parents were. Therefore, they don’t necessarily see the benefit of saving money into a pension when they might not need one, with the money being blocked until then and it restricting their current lifestyle.

A more popular and arguably better strategy for someone, perhaps like me for example, living away from my country of birth, is to make my money work by having it invested in a medium term strategy, say 5-10 years, but have more flexibility should I need it, say for school fees, or, in a few years time, buying a property, or anything else my plan entails (maybe even early retirement).

So, build your strategy on a mixture of property, investments and emergency funds where possible, and always review regularly to see which type of these suits you best at any given moment. Some people really don’t want the hassle of having property, so a well managed investment portfolio could be better for you.

I can help with all of this: the planning, helping set up a property investment structure, and organising savings that will be invested and work for you. Alongside this, we can set it up with access to the money should you need it, making sure you have a clear strategy and advice along your journey.

Banks, Bonds and Badwill

By Andrew Lawford
This article is published on: 13th December 2020

13.12.20

Today I’d like to explore the topic of Italian banking consolidation – but first I’d like to mention my new podcast episode, which features an interview with entrepreneur Andrew Meo, who walks us through his experience of starting a business in Italy – Milan based Rocket Espresso www.rocket-espresso.com. Even if you have no interest in starting a business in Italy, his story is a compelling one and gives us the chance to think more deeply about the prospects for the Italian economy. Check it out on iTunes, Spotify, Google Podcasts or Stitcher.

Now on to the banks
It probably hasn’t escaped your attention that there has recently been a new round of consolidation in the Italian banking market. It’s really no exaggeration to say that once Intesa Sanpaolo completes its takeover of UBI Banca and if, as seems likely, Unicredit ends up having the House of Horrors that is Monte dei Paschi di Siena foisted upon it (see below), that there will really only be 2 large banks in Italy. Of course, Italy has many, many banks – just look here at the list of members of Italian Banking Association, but in terms of concentration of assets, the situation is clear.*

* Please note that the Intesa – UBI takeover has yet to complete and the combination of Unicredit – MPS is currently only a rumour

Intesa, in particular, has been making the best of a bad situation over recent years, having taken on, for the sum of €1, the good parts of two failed banks from the Veneto region (Veneto Banca and Banca Popolare di Vicenza) in a deal that was breathtakingly good for them. Aside from being able to pick and choose only the best bits of the banks, they also received the following benefits (see the press release from June 2017):

A public cash contribution of €3.5bn to guarantee the stability of Intesa’s financial ratios;
A further public cash contribution of €1.285bn to cover “integration and rationalisation charges”;
Public guarantees of €1.5bn “to sterilise risks, obligations and claims” arising before the transfer to Intesa;
Full availability of deferred tax assets (roughly €2bn);
The right to give back certain higher-risk loans if these turn bad by the end of 2020

Nice work if you can get it!
The reality is that Intesa was able to call the shots in this deal, because Unicredit, the only other Italian bank theoretically able to take on the task, was still trying to sort out its own troubles with non-performing loans, having had to launch capital increases for €20bn or so in the period between 2012 – 2017 (a €13bn capital increase had just been completed at the time of the Intesa deal for the Veneto banks).

Moving on to the recent deal to acquire UBI Banca, we encounter the curious phenomenon of badwill, or “negative goodwill” as Intesa prefers to define it.

Intesa presentation re: UBI Banca acquisition – February 2020

Instinctively, we could define “goodwill” as that aspect of a business that defines the value it provides to its customers. In accounting terms, goodwill is an intangible asset that arises in an acquisition when the price paid is greater than the value of the net assets received. It follows from this that “badwill” arises when you get assets of a greater value than the price paid for them. Such is the story of Italian banking (and most banks in Europe, to be fair) – their assets simply aren’t perceived as having great value. In Italy, in particular, after a long period of struggling with non-performing loans, the market is worried that a fresh batch will be showing up over the coming years once the effects of COVID support have worn off.

Moving on to Unicredit, there was some hope that under its CEO of recent years, Jean Pierre Mustier, that the bank could become an Italian champion of consolidation in Europe. In particular, Mr Mustier’s old employer, Société Générale, was floated as a potential candidate for a tie-up, and certainly a far more presentable option than that of a domestic union with Monte dei Paschi di Siena, undoubtedly the ugliest girl at the dance of Italian banking consolidation. In recent weeks, Mr Mustier has decided to hand in his resignation after clashing with his Board of Directors, so it seems only to be a question of time before the unhappy couple announces their engagement.

All of this concentration of banking assets in two main groups leads to a number of considerations. Firstly, the unhealthy connection between bank balance sheets and Italian sovereign credit risk seems to be growing. Between them, Intesa-UBI and Unicredit-MPS hold about €175bn of Italian sovereign debt (as at 30/06/2020). The banks themselves have also become so large that they might not only be “too big to fail”, but also “too big to save” – assuming that the ultimate backstop is always an implicit government guarantee.

From our perspective as depositors, whilst we wait for the proposed EDIS (European Deposit Insurance Scheme), the best we have is the Italian FITD (Fondo Interbancario di Tutela dei Depositi), which does guarantee deposits up to €100,000, but is based on a system of mutual assistance between the banks – if one of the two giants were to stumble, the system may well struggle to make good on all claims.

All this brings to mind the wisdom of the following quotation from Mark Twain:
“I’m more concerned about the return of my money
than the return on my money”

It clearly makes sense to have a bank account in Italy if you are living here, and there are some good, low cost options out there. Many of you may already have the bulk of your financial assets in Italy and some of you are probably thinking seriously about moving more funds here, given that a number of UK banks will struggle (or even refuse) to service Italian residents after Brexit. However, there are also good reasons to maintain a substantial portion of your financial assets outside of Italy, and I can help you to understand all the options and eliminate the complications that arise from the tax declarations. Please feel free to get in touch if you’d like to learn more.

And with that, the only thing left to do is wish you all a pleasant and relaxing Christmas and New Year – with any luck, 2021 will be a substantial improvement on 2020 (admittedly a low bar to jump over!).

Looking back at 2020, looking forward to 2021

By Occitanie
This article is published on: 12th December 2020

12.12.20

Welcome to the 8th edition of our newsletter ‘Spectrum in Occitanie, Finance in Focus’, brought to you by Philip Oxley, Sue Regan, Rob Hesketh and Derek Winsland, your Spectrum team of advisers in the Occitanie.

2020 has been a year like no other we can remember. We have had a global health pandemic with tragically unprecedented levels of deaths in peacetime and significant changes for many people in relation to both their work arrangements and social lives, notwithstanding challenges in relation to individuals’ physical and mental health.

In the financial world, economies have suffered deep recessions and economic rebounds within the space of months. All financial markets plunged sharply in March, but many have recovered those losses, and more, with the US Dow Jones index recently breaching 30,000 for the first time ever. In the UK, the recovery of the FTSE 100 has been more muted and even with advances in the last few weeks, the index is still currently down about 15% from its starting point at the beginning of this year, although there are still a few weeks to the end of the year for the market to surprise!

Vaccines
Perhaps the single most positive piece of news in 2020 has been the recent succesful trials of a number of Coronavirus vaccines. With approval granted by the MRHA, the UK’s medicines agency, for the Pfizer/BioNTech vaccine, there are 800,000 doses heading to the UK with care home residents and staff thought

to be at the top of the list of recipients, followed by the over 80s and healthcare workers.

There are many other vaccines in the pipeline with Moderna and AstraZenica/Oxford University vaccines thought to be close behind in the approval process. Vaccines from Johnson & Johnson and Novavax are both in the final Phase 3 of trials, China has at least three and Russia one, which are all undergoing trials currently.

Interestingly the storage conditions and price vary greatly, with the Pfizer/BioNTech vaccine requiring about -70°c conditions, dilution before administering and is thought to cost in the region of £25 per dose. The vaccine from AstraZeneca & Oxford University, however, can be stored at fridge temperatures for up to six months, with an estimated cost of about £3 per dose (because the company has committed to distributing the vaccine at cost, during the course of the pandemic). On the day the company announced the results of its trials, the markets somewhat cruelly knocked nearly 4% off the company’s share price! Some confusion over the vaccine dosage and efficacy results didn’t help, but supplying the vaccine at cost is not going to provide the profits boost that investors might have expected.

Politics
Politically, both Biden and Trump registered more votes each than any other US President in history. Whilst Biden undoubtedly won this contest (despite Trump’s protestations), Trump and his views clearly still resonate strongly with many Americans. Politics aside, the economy, employment and equity markets have actually had a particularly good run under Trump’s stewardship. However, the markets have also taken the Biden victory in their stride. Despite what was said during the heat of the election campaign, Biden is a moderate and the response of the markets shows that also to be the view of most investors. The markets’ reaction was also supported by the likelihood of a Republican Senate (still to be determined) which will act as a check on any of the more radical instincts of the new administration. Much of the world will welcome the likely return of US support for the World Health Organisation (WHO) and the Paris Climate Accord.

Closer to home, Boris Johnson’s stock has plummeted from a comfortable election winner only a year ago, to talk of grumbling amongst his own MPs. There has been speculation of possible moves against him by his own MPs, although if this dissention does snowball, it will probably not be until 2021.

President Macron has been busy on the world stage in recent months; although interpreting the polls would suggest the French people would rather he focused on domestic matters instead. His popularity has improved from lows seen previously, but the numbers who disapprove still outnumber those who approve of his presidency and polling on people’s voting intentions for the 2022 Presidential Election show him only a whisker ahead of Marine Le Pen. But with nearly 18 months to the end of the President’s term, much can still happen.

Brexit
As this article goes to press, negotiations are still ongoing between the UK and the EU. Many areas remain unresolved including fishing rights (which seems to be one of the key sticking points in the deal, particularly due to Macron who,according to press reports, is the chief instigator behind the EU’s tough negotiating stance) as well as many other aspects of the UK’s future relationship with the EU. One item that has been clarified recently, however, is in relation to French residents in possession of UK driving licences. It has been confirmed that these will need to be exchanged for French licences, but those affected have until 31 December 2021 to secure their new licence. UK nationals who have driving licences from another EU country do not need to make this switch.

QROPS
Remaining on the subject of Brexit, one of the “go to” financial products within the expatriate market for pensions has been the Qualifying Recognised Overseas Pension Scheme (or QROPS). Since its inception 14 years ago, HMRC figures indicate there have been over 130,000 transfers and the average transfer value in 2019/20 was £125,000. This useful financial planning product has an uncertain future after the end of this year. From 9th March 2017 transfers to and from a QROPS became liable to an Overseas Transfer Charge (OTC) of 25%, unless one or more of five conditions was met. One of those conditions was that the pension member was resident in a country within the European Economic Area (EEA) and the QROPS was established in a country within the EEA. This meant that whilst the QROPS remained an attractive proposition to many expatriates within the EU, the number of individuals who went ahead with a transfer to a QROPS and paid the OTC in the tax year 2019/20 was only 13, according to an article published by Canada Life. The UK left the EU on 31 January 2020 and also left the EEA (the EEA comprises all EU member countries plus Iceland, Liechtenstein and Norway). The transition period agreed in the Withdrawal Agreement requiring the UK to be treated as an EU and EEA member, and bound by the rules of both, expires on 31 December 2020. It seems that this may mark the effective end of the QROPS, although we wait to have this confirmed. Fortunately, an International SIPP is still available to those looking for favourable solutions for their UK pension schemes and this product can provide many of the advantages afforded by a QROPS.

2021
One of our favourite quotes about predicting the future in relation to the world of finance is from the late J.K. Galbraith, who was for many years the Professor of Economics at Harvard University. He famously said that “The only function of economic forecasting is to make astrology look respectable”. For that reason, we will focus on possible trends rather than predictions!

The positive vaccine news has already seen a surge in value to those stocks in sectors that have been battered for most of 2020 – leisure, transport, hotels, restaurants, cinemas etc. It is also likely that prices in banking stocks will stabilise or possibly recover further. Furthermore, it is probable that a lot of the old traditional stocks such as oil, industrials, consumables etc. will improve as we move into 2021. What is not so clear is whether those technology stocks, seen also as “stay at home” stocks (Facebook, Alphabet, Apple, Amazon, Microsoft, Netflix etc.) which have had a stellar 2020, benefitting from the impact of Coronavirus, will continue to power ahead or take a breather in 2021. With regard to some of those sectors that were hit badly this year (hospitality, cinemas, airlines etc.) it is also unclear whether the change in consumer behaviour seen this year is here to stay, in which case any recovery in these sectors may be limited in scope.

Gold, seen as a safe haven during this year’s turbulence, fell back sharply with news of vaccine progress, but has recently stabilised, whereas Cryptocurrencies have strongly advanced in value over this period. It is difficult to assess the future direction of either of these assets, but as the vaccines get rolled out and economies improve, the predictions earlier this year that gold could reach $3,000 per ounce seem unlikely, in the short term at least. What can be predicted with more confidence is that there will still be volatility in the markets, because whilst they have been buoyed by the vaccine news, in the “real economy”, the fallout has yet to be properly felt.

Unfortunately, rising unemployment is inevitable, as are tax increases at some point, to start to chip away at the mountain of debt that has accrued through increased government spending and falling tax receipts. There has been much talk about the shape of the recovery, e.g. “V”-shaped, “U”-shaped, “W”-shaped (reflecting a double-dip recession) or even a reverse square root (unfortunately not an available button on this author’s keyboard!). The answer seems increasingly that all of these may happen depending on the country, the market sector or the company.

What we would comfortably recommend however, is to stay invested in the markets. To conclude with another well known quote from Warren Buffett, now 90 years of age and considered one of the world’s most successful investors, “The stock market is a device for transferring money from the impatient to the patient”.

We wish all our readers a very happy and healthy Christmas and we hope 2021 will be a better year for all. We will be back in touch again next year.

If you have any comments or questions, as well as suggestions for future topics for our newsletter, we’d love to hear from you at occitanie@spectrum-ifa.com. Please feel free to pass this on to any friends or contacts who you think might find the content of interest.

UK bank accounts after Brexit

By Occitanie
This article is published on: 20th November 2020

20.11.20

Welcome to the seventh edition of our newsletter ‘Spectrum in Occitanie, Finance in Focus’, brought to you by Sue Regan, Rob Hesketh, Derek Winsland and Philip Oxley your Spectrum team of advisers in the Occitanie.

As we are approaching the end of 2020, to say that it has been an unusual year would be a gross understatement. Countries across the globe continue to adjust to life with Covid-19 and with the ongoing and ever-changing restrictions that the predicted second wave has brought with it. As this goes to ‘press’ we now find ourselves once again in a national lockdown in France.

Although it had taken a back seat since the virus outbreak, Brexit is once again at the forefront of the minds of UK expats living in the EU. Will there be a trade deal? Are we heading for a cliff-edge ‘No Deal’? It is almost unbelievable that we are still at this point in the deliberations with only eight weeks of the transition period to go.

UK Banks accounts after BREXIT
As the deadline approaches one issue that we are frequently being asked about lately by concerned clients, is that some UK banks have been writing to their customers resident in the EU putting them on notice that their UK bank accounts and credit cards will be closed either at the end of the year or, in some cases even earlier, as a result of Brexit.

Although some banks have already contacted some customers, it is apparent that only some types of account are affected and only in some EU countries. The two main banking institutions that have taken such action so far are Barclays and the Lloyds Banking Group, which includes Lloyds Bank, Halifax and Bank of Scotland. Many other banks have stated that they ‘currently have no plans to close customer accounts, but they are monitoring the situation’. Given that this could potentially affect all of us with ties to the UK banking system, we thought this would be a good topic to focus on this month.
So why are some banks closing UK expats’ accounts?

UK banks and other financial firms are currently allowed to trade as part of the European Economic Area (EEA), as all member countries use the same regulatory framework. This arrangement is known as ‘passporting’, and it is why Brits who have moved abroad have been able to use credit cards and banking services from UK-based banks, even though they’re no longer living in the country. However, once the Brexit transition period ends on 31 December, this passporting arrangement will no longer be in place – that is, unless a specific agreement to carry it on is reached as part of a Brexit deal. With no such deal confirmed, UK banks would have to attempt to negotiate and fulfil the stipulations from every EEA country’s regulator. All of them work differently and a continuation of providing services to UK expats will be more feasible for some banks than others.

The impact on each customer will vary depending on how their bank or financial institution currently operates, the product or service being provided, and the legal and regulatory framework in the country in which they are resident. In effect, this means that the situation is different for each financial service offered by each financial provider in each country; for some banks, offering certain products in certain countries simply won’t work. So, certain services and accounts may be withdrawn in some EU countries but not in others.

We understand that many banks are still trying to figure out a way of working in different EU countries after the Brexit transition period, while also waiting to see if a deal can be agreed between the UK and the EU. The Bank of England and the Financial Conduct Authority (FCA) have written to banks informing them that, if they do decide to close customer accounts, they must have plans in place to service their Europe-based customers properly through the process, taking into account how their actions might impact on customer’s individual circumstances and the alternative products available to them.

What should you do?
DON’T PANIC – there have been some dramatic headlines in the press about the issue, but it is important to stay calm. If you think you will be affected, you should not act in haste and repent at leisure. Give yourself time to work out what your options are.

CHECK THE FACTS CAREFULLY – whether or not you have had a warning letter from your bank, talk to them now and find out what they plan to do on Brexit day. If you still have a UK address, your account may not be closed.

CHECK YOUR SPECIFIC ACCOUNTS – you may find the types of savings products you hold are still permitted in France. Your bank should be able to advise you on this.

ARRANGE FOR PAYMENTS TO BE PAID DIRECTLY TO YOUR FRENCH BANK ACCOUNT – if you are in receipt of the UK State Pension, HMRC will pay this directly to your French account every month and, because of the volume of payments made, the exchange rate is extremely competitive. OK, so the GBP:EUR rate isn’t that great at the moment but at least you will be guaranteed continuity of income if you rely on this to fund your lifestyle in France. Some UK private pension providers will also pay pensions to foreign bank accounts, so it is worth speaking to your provider about this.

OPEN A NEW UK ACCOUNT – find a UK bank that is operating in France (such as HSBC and Santander) and check if you can meet their eligibility criteria for opening a new bank account and that the account will meet your needs. For example, does it require you to have a minimum income or deposit with them?

CONSIDER OPENING A STERLING OFFSHORE BANK ACCOUNT – we have a good connection with a very reputable bank, based in the Isle of Man, that offers accounts in a number of currencies including Sterling and Euros and which will accept regular payments in and direct debits out. If you would like details of the account, please contact your Spectrum adviser.

If you have savings on deposit in the UK that you use for your short-term liquidity or an ‘emergency fund’ and you have been told, or are concerned, that these accounts will be closed, there are a number of tax-free savings accounts available in France, which you should consider maximising, if you have not already done so, including the following:

THE ‘LIVRET A’ – which is currently paying a rate of interest of 0.5% per annum and is available to non-residents. The maximum permitted investment into this type of account is €22,950 per individual.

THE ‘LIVRET DÉVELOPPEMENT DURABLE (LDD)’ – this account is available to residents of France and the maximum investment permitted is €12,000 per individual. It is currently paying an interest rate of 0.5% per annum.

THE ‘LIVRET D’EPARGNE POPULAIRE (LEP)’ – this account is available to residents of France who are on low incomes. The maximum investment amount permitted is €7,700 per individual. The interest rate is currently 1% per annum. For example, in order to open a LEP account in 2020, your ‘revenu fiscal de référence’ in 2018 (as shown on your ‘avis d’imposition’ of 2019) must not have exceed €19,977 for a single person or €30,645 for a two-part household.

But it’s not just bank accounts that might be affected when passporting goes………….

Some UK financial services providers are informing their non-UK resident customers that they will not be able to provide them with advice on their existing UK based investments after 31 December and that ‘you should find a new adviser or cash in your investments’.

As a reminder to our readers, Spectrum in France is a registered French company, regulated in France, and we are not passported in from the UK, so as far as we are concerned, it’s business as usual.

For those of you who still have investments in the UK, whether they be stocks and shares ISAs, investment bonds, pension funds or other investment portfolios, now would be a good time to review these and discuss with your provider as to whether they will be able to continue advising you in a post-Brexit world. Even if your UK provider will be able to continue advising you, they may not be familiar with the French taxation framework and the investments you hold may not be tax efficient in France. We can advise you on investment products that are suitable and tax-efficient for living in France and provide you with ongoing advice to ensure that your financial plan remains on track as your situation and attitude to risk changes over time.

Please don’t forget that, although we may be restricted on where we can travel at the moment, we are here and have the technology to undertake your regular reviews and financial health checks remotely. If you would like a review of your situation, please do not hesitate to get in touch with your Spectrum adviser or via the contact link below.

We’d love to hear from you with any comments and/or questions, as well as suggestions as to future topics for discussion. Please feel free to pass this on to any friends or contacts who you think might find it interesting.

Occitanie@spectrum-ifa.com