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The risk of negativity and diversification

By Jozef Spiteri
This article is published on: 20th May 2024

20.05.24

The information within this article is for information purposes and is not to be construed as investment advice or recommendation. Please consult with your investment advisor before making any type of investment.

Each year we are exposed to at least one event that can have an effect on our savings and investments. You may not be old enough to have been around in the ‘good old days’ when there were world wars, and life expectancy of 20 years less than now, but the world has never been short of diseases, viruses, strikes, politicians making crazy decisions, and conflicts, and these can influence the value of our money.

It is not really important for us all to understand the complexities of the different types of investments but it is vital to understand that no investment is immune to short term problems. It is also important to appreciate that, generally speaking, short-term problems should be treated with a long-term view. That is, they should be ignored in the most part. There have been many occasions where some financial experts have been so far off the mark with their forecasts which has created unnecessary losses for those with a tendency to panic.

Speaking of experts, we leave it to those professionals that we associate ourselves with to select the best asset types for our clients’ circumstances. The amount in each asset type can depend on general trends and, although they can buy and sell funds and shares on a daily basis, discovering a trend after one day is pretty tricky.

The risk of negativity and diversification

Of course, headlines get into our heads and we might make decisions that we later live to regret. By employing experts, who in turn will be diversifying your investment funds, you limit the downside when markets, rightly or wrongly, go down, whilst making the most of positive times. As mentioned, we have seen investors lose out because they sell up due to headlines that actually have had no effect on their money. Since the invention of the internet, and certainly since the majority of the planet has been able to use it, the pace of information supply has increased dramatically and, consequently, has affected investment markets. We no longer have to wait for Speckled Jim the carrier pigeon to arrive or sit on a beach looking for a bottle with a message in it. For some older readers from the UK, 50 years ago their knowledge of China may have extended to ordering Special Fried Rice from the local takeaway menu. Now China is one of the major players in the world economy having opened its doors to economic globalisation in the 1970s.  We know, today, about events that happened in China, today.

Reducing exposure to negative headlines will help avoid emotionally driven investment decisions that prove to be mistakes. Having an addiction to watching, listening to, or reading the news is not helpful.

Having a financial goal helps to combat the problems we all face. If we understand how much money we need or desire, and when we would like it, this will keep us on track and enable us to bat away any doom and gloom. We often meet clients who are nervous about investing for the future having had issues in the past. Our role is to provide our clients with solutions and a service that are not mind boggling and actually simplify their lives, thinking about the future as well as the present, and to be there whenever our clients need our help.

The Spectrum IFA Group Limited is licensed to provide investment services, under the Investment Services Act, by the Malta Financial Services Authority.

The facts about Domicile

By Portugal team
This article is published on: 19th May 2024

19.05.24

Domicile is a highly complex area of law and one which many misunderstand. For British nationals here in Portugal, it is a key factor in the application of UK inheritance tax (IHT) and often one that is incorrectly planned for.

What is domicile?
Firstly, domicile is not residency and they should not be confused. Domicile broadly determines IHT and residency determines income and capital gains tax.

There is no official definition of domicile (which only adds to the complexity) but a very loose definition is ‘where you have a permanent home’. However, just because you have moved to Portugal, established residency and a home here, it does not automatically change your domicile status.

Domicile is a subjective concept that is usually only challenged once you are gone, so planning correctly during your lifetime and leaving the right evidence behind for your executors is crucial if you intend to make a non-UK domicile claim.

How is it determined?
You can only have one domicile at a time and there are several types, the most relevant for expats are ‘origin’ and ‘deemed’.

‘Origin’ is acquired at birth, usually from your father and is never fully lost. It can be suspended by acquiring a new domicile of choice, but it is adhesive and will revive if the new domicile is lost. For example, if you moved to Portugal and satisfied a domicile of choice of Portugal but then moved to France, your UK domicile would revive on the move to France, and you would have to wait and satisfy the requirements again to shed your domicile of origin again – even if you never set foot in the UK again.

Acquiring a domicile of choice involves forming a clear and fixed intention for a new country to be your permanent home and therefore requires permanent residence.

Effects of changing domicile
The worldwide estates of UK domiciles are assessed for IHT in the UK, even if you live elsewhere. This is assessed at 40% tax above the threshold of £325,000 per person.

For non-UK domiciles, only UK-based assets are subject to UK IHT e.g. UK property or company shares. Non-UK domiciles also have a £325,000 exemption per person to set against any UK situ assets.

How to change domicile
The burden of proof lies with the person claiming the change and the standard is particularly onerous.

There is no checklist and your circumstances are looked at as a whole. Some factors that might be considered are family and business ties, location of friends and social interests, location of assets, acquisition of citizenship or languages spoken.

Traps and mistakes to avoid
Non-domiciles by choice with a UK domicile of origin must be very careful with return visits to the UK, especially if they have a second home there.

Incorrectly using IHT shelters such as QNUPS. These are intended to provide pension-saving provisions for non-UK residents but are often misadvised. Therefore, if HMRC deems it has been set up for tax-saving purposes rather than pension income provision it is likely to fail. Some ways these are open to failure are if you have ‘too much’ wealth in there and it is clearly too much to support the level of income you require for retirement, holding the majority of your wealth within QNUPS, or holding assets that cannot provide that income e.g. art or non-let property, just to name a few. HMRC are vigilant so careful planning is required.

Usually, any challenge will come after your death, and it is up to your personal representatives to prove your intentions in life and gather evidence – which may not be possible, so you must ensure your record-keeping and evidence is strong.

French pensions

By Katriona Murray-Platon
This article is published on: 17th May 2024

17.05.24

Many people come to France for “la belle vie” in retirement, but a large number of us (myself included) moved to France way before retirement and have even spent several years working in France contributing to the system here. Therefore when it comes to retirement, in addition to any other state or private pensions, we will need to apply for our French pension(s)..

Since 2017 the procedure to apply for your French pension has been simplified. You make one application and all your pensions from the various pension organisations will be paid to you. However, in practice things may not always go as smoothly and there have been numerous complaints from those trying to claim their French pensions.

No matter how long you have worked in France, or which pension body you have contributed to, you can consult your pension rights on this website www.info-retraite.fr. This is the website that you need to use to apply for your pension. You can also download from this site your pension entitlement statement. If you are getting close to retirement it may be advisable to download this document and keep a copy of it in your paper or computer files as it is updated each year so it is important to check it every year. The website may not take into consideration any years that you have worked in other countries in Europe, so you may need to email them to ask for more detailed information showing all the countries you have worked in.

If you can see that any periods of work in France have not been recorded, rather than asking for them to be investigated, it is better to ask whether you can buy any trimestres. By doing this, the pension authority will then have to investigate whether you can in fact buy any trimestres or whether you are fully up to date on all the periods you have worked.

Since 1st September 2015, is has been possible to obtain a provisional payment of your French pension even if your application is not “complete” and then have your pension recalculated once you have been able to provide the missing information. To do this you must apply for the pension four months before the planned date of retirement.

It is important to plan ahead and start the process of applying for your French pension 4 – 6 months before your intended retirement date. By requesting your retirement this will prompt the pension authority to start to calculate all the periods you have worked and what you may be entitled to.

If you have lived in France for any amount of time you know how it is important to have the necessary documentation ready. With some French authorities I have found that they may request documents you have already sent, so make sure you have several paper copies or scanned copies on your computer ready to send off.

If you do not think that the amount is correct you have five years to get any unpaid amounts paid to you, and if you have any issues with your pension authority you should contact them directly. You can usually do this by email or on your online account messenger service.

If you are not satisfied with their response there is a mediation service available. You have 10 days for an urgent request, 40 days for non urgent requests, which may be extended to 90 days in more complex cases, and two months to apply to the Commission de Recours Amiable (CRA). If you are still not satisfied with the decision you can apply to the Defenseur de droits.

For those whose deceased spouse worked in France they may be entitled to a French widow/ers pension. Like other pensions, this should also be paid to you within four months of the date of application. However, this pension is means tested according to your annual income so you may find that you don’t qualify for it.

It is important to plan ahead and there are many things you can do at various stages:

    1. Throughout your working life in France, keep all paperwork. As cumbersome as this may be, it is important to keep all payslips, pension letters, social security payment statements, as you may need them when you apply for your pension.
  1. From age 50, if you haven’t already created and consulted your account on the www.info-retraite.fr website, now is the time to do it. You should regularly download the career statements and save a copies. Sometimes any missing periods may appear on earlier statements but not on later statements.
  2. From age 55, you can request pension simulations. The closer you get to retirement the more accurate these simulations are likely to be.
  3. Once you reach 61, think about working part time from age 62 as a progressive retirement and look at buying back any missing trimestres. You have to buy back the trimestres before going part time. Once you start receiving your pension you cannot buy back any missing trimestres.
  4. 4-6 months before your retirement date, start applying for your pension.


Can an employer force you to retire?

Strictly speaking an employer cannot force you to retire before you are 67 years old. If you want to retire before this date you have to request to do so and comply with the requisite notice period. Only when you are over 70 can an employer require you to retire without consulting you. Between 67 and 70 they can retire you, but only if you agree to leave. It is better to be asked to retire rather than voluntarily taking retirement since the statutory amount of retirement benefit is higher than the voluntary retirement benefit when it is the employee that requests it. You may have even more favourable provisions in your Convention Collective. This retirement benefit is exempt from income tax (except the higher amounts) whereas the voluntary retirement benefit is taxable in the same way as your salary.

For any questions about your pensions or planning your retirement, please do get in touch.

Living in the Algarve Free Seminar Event

By Portugal team
This article is published on: 8th May 2024

08.05.24

The event on 23rd May, at the Vila Galé Tavira Hotel is the tenth of a series of seminars that are planned to take place along the Algarve. Organised by the Open Media Group, the Living in the Algarve events provide an excellent opportunity for anyone who is planning to either move to the Algarve or buy a property in the region.

All you need to know about Living in the Algarve

The speakers and event partners are all seasoned experts and local residents who will be on hand before and after the seminar presentations to answer any questions you may have.

When: 23rd MayThe two seminar sessions will be held, at 11am and 3pm with identical content, so please choose whichever time suits you best and register for your seminar seats.

What you can expect to learn from our seminar sessions:

  • Practical information about living in the Algarve
  • How Portuguese taxation can effect you as a foreign resident
  • Information about residency (especially for UK and other non-EU nationals)
  • An update on the Non Habitual Residency
  • Legal aspects about buying a property
  • Information on the property market

The above are just a few of the subjects that will be covered. We look forward to seeing you there!

Educational workshops in Portugal
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    Alpine Property Live Webinar Series

    By Alan Watson
    This article is published on: 7th May 2024

    07.05.24

    Talk to the experts and have YOUR question answered

    Wednesday 15th May – 7pm  – 8pm CEST

    Alpine Property Live Webinar Series

    Our highly experienced panelists are here to discuss all nature of topics to do with buying and relocating to France.

    Submit the questions you would like covered so we can make this time as valuable as possible. It is important to do this at least 24 hours before the start of the webinar to ensure we have time to cover as many topics as we can.

    We all need somewhere to live

    By Dennis Radford
    This article is published on: 6th May 2024

    06.05.24

    Owning our home is generally considered to be a good idea.

    It provides us with creature comforts along with a sense of security, particularly in our retirement years.

    Is investing in ‘bricks and mortar’ a good idea?
    Perhaps not, if you are selling a UK property whilst resident in Spain, as I am currently.
    Apart from capital gains tax considerations and selling costs, a recent BBC News report says:

    House prices fall as lenders raise mortgage rates in the UK
    House prices fell in April as potential buyers continued to face pressure on affordability, according to Nationwide. The UK’s largest building society said that UK house prices were down by 0.4% compared with the previous month, with the average home costing £261,962 (some 4% below the peak of summer of 2022). The rising cost of borrowing is a key factor behind the recent drop in property values.

    Rock-bottom rates long gone
    Mark Harris, chief executive of mortgage broker SPF Private Clients, said, “There are likely to be ups and downs in mortgage pricing in the weeks and months ahead, but ultimately borrowers will have to get used to paying more for their mortgages as the days of rock-bottom rates have long gone.”

    This is the second consecutive monthly fall in UK house prices, according to Nationwide’s data. Factors influencing regional property prices vary widely across the country, but the national headline figures have been downward. This data is based on the building society’s own mortgage lending, which does not include buyers who purchase homes with cash, or buy-to-let deals. Cash buyers account for about a third of housing sales.

    On an annual basis, the pace of house price growth slowed from 1.6% in March to 0.6% in April

    You can read the BBC News article in full via this link https://bbc.in/4a0GXfO .

    how prices fall

    The article highlights the risk of being overexposed to property in your investment portfolio.

    Just when you want to cash in, market conditions may not be favourable.

    And you cannot usually sell part of a property – it is an all or nothing transaction.

    A well-diversified global investment portfolio is a different proposition altogether. It provides access to a range of valuable growth opportunities, it is constructed to ensure your personal risk profile is at the centre of your investment strategy and it can be highly tax efficient for UK expatriates living in Spain.

    Please feel free to contact me for more information about this subject or to book a call for an informal chat.

    I feel sick that I am not going to the Caribbean and Patagonia…

    By Barry Davys
    This article is published on: 3rd May 2024

    03.05.24

    How would you feel knowing that your hard-earned savings could be earning 9.6% pa for the next 30 years but that you have opted for an alternative paying just 2% pa instead? Ok, this is quite provocative as they are two different types of savings.

    According to the Schroder 30-year forecast, these could be the average annual returns on the Indian stock market and deposit accounts respectively.

    So now you may be rationalising your decision to use a deposit account by saying something like “Oh well, I don’t like the stock markets and I don’t know much about India”. This is fair enough.

    Your best friend has just said “We are off to the Caribbean for a few weeks and we have always wanted to go to Patagonia so we may nip across there for a bit after the Caribbean” …. “Blimey, how can you afford that?” is what you might say, or at least think.

    How interesting it would be to hear “We put some of our money in shares in Indian companies and they have paid for the trip” Your average return of 2% pa may now seem pretty sickening.

    Would you invest for 30 years? Maybe, maybe not. Will you be around for 30 years, depending on your current age?

    And here’s a funny thing

    • At age 50 your average life expectancy is 82 for men and 87 for women
    • At age 60 your average life expectancy is 83 for men and 87 for women

    There’s more

    • At age 70 your average life expectancy is 85 for men and 89 for women
    • At age 80 your average life expectancy is 89 for men and 91 for women
    • At age 90 your average life expectancy is 94 for men and 95 for women

    The older we get the more our life expectancy increases. All of this means that you could well be around for 30 years or more if you are under the age of 60. You do not however have to have a 30-year investment time horizon. The minimum period we would suggest is five years but after that there is flexibility with timing.

    It is not always easy to choose your savings but here is how we help with guidance:

    • Leave money aside for an emergency fund (yes, in that deposit account)
    • Complete a reliable risk assessment exercise to determine your attitude towards risk
    • Show you different combinations of investments around your personal risk profile and discuss the options with you
    • Never put all your money in one type of investment eg not all in a deposit account
    • Review your attitude to risk regularly because it changes as your circumstances change
    • Adjust your investments when required to ensure you are taking the appropriate level of risk for your circumstances

    Which of the following applies to your situation?

    • Have too much money in bank accounts?
    • Have recently received an inheritance?
    • Are selling a business or have share options about to vest?
    • Have losses on your current portfolio?
    • Do not review your risk profile and investments at least annually?

    If the answer is yes to any of these questions, please feel free to arrange a call with me using my online system to book a time that is convenient for you.

    It is an opportunity to get a better outcome from your savings, provide for your family, and help give yourself a sustainable income in retirement.

    Undoubtedly, you will be more relaxed too knowing that you have the right risk profile for your savings and that it is updated annually.

    Financial update May 2024 – France

    By Katriona Murray-Platon
    This article is published on: 3rd May 2024

    03.05.24

    Tax season is in full swing at the moment and as with every year I have been getting lots of questions and queries relating to tax matters in France.

    Over the April holidays I did sit down to do our own tax return and therefore was able to see whether there were any new aspects in the online declaration. I’m one of those people who prefers to know rather than waiting for surprises and this particularly applies to tax returns. Either we will have more to pay in which case it would be best to be prepared or we have less to pay in which case I want to know how much the tax refund will be. Because of the increase in the tax bands, if your income was comparatively the same in 2023 and in 2022, then you should have less tax to pay this year. In spite of my many years of experience of doing tax returns, I am not infallible and I did actually have to go back into our tax return to correct it. So based on my own mistakes I thought I would give you some tips about what to do and what not to do!

    Tax time in France
    1. COLLECT YOUR FIGURES – Make sure that you know what kinds of income you and your partner received and what the figures are whether they are taken off a bank statement or a certificate. If you have foreign income you will also need to know the exchange rate on the date on which you received the income or the average Bank of France rate for 2023.
    2. CHECK THE FIGURES ALREADY ENTERED ON THE TAX FORM – if you or someone in your tax household has received income from a French source (pension, salary, French bank income etc) then this should already be entered on the tax form. Nonetheless it is still worth checking that these figures correspond with any certificates issued by the relevant body or the December 2023 payslip. Even though my husband works for a French public body they don’t always communicate the right figures to the French tax office so I have learnt that it is worth checking and querying any differences.
    3. CHECK THAT ALL THE DIFFERENT TYPES OF INCOME ARE TICKED – Before you get to actually declaring the income you need to tick the boxes of which type of income you will be declaring. Some may already be ticked from previous years but others may not be even though you have been declaring the same type of income for years. If you have received another source of income then you need to tick the box for this new category of income. If you are declaring online not all the pages and the boxes will appear and it is easy to overlook something.
    4. REMEMBER THE ANNEX FORMS – in particular the 2047 for foreign income and the 3916 for foreign bank accounts. Regarding the latter, your information from the previous year should already be entered so you only have to carry over this information from last year but if you have opened or closed an account in 2023 or one is not mentioned on the form you will have to fill in the details. You will also have to declare the value as at 1st January 2024 of any foreign assurance vies. For the 2047 you may need to swap between this form and the main 2042 form to check that all the income is correctly entered and carried over onto the 2042.
    5. DON’T FORGET YOUR TAX CREDITS – We have had a piano teacher paid via CESU and the amounts declared were already entered on the tax form however the amounts paid to our cleaning company were not. So if you have had any home help (cleaners; gardeners, lessons etc) they should have sent you a tax certificate for last year so you will need to enter that amount in the tax credit section.
    6. RETIREMENT CONTRIBUTIONS – more and more of us work in France and contribute to some sort of retirement (PERP or PER). This was where I made a mistake this year because whereas the amount showed on the form, it is not deducted from your tax until you reenter these amounts in the correct box. Given that this is a deductible expense from your income it can amount to a significant tax reduction, so it is important to make sure that it is is correctly entered.
    7. CHARITABLE DONATIONS – this is another one often overlooked. Normally any charity you donate to should have sent you a tax certificate and you will need this document to claim the tax deduction. If you know you have made a donation make sure that you find the tax certificate or request it from them if they haven’t already sent it.
    8. NOBODY IS PERFECT – you can start your declaration and go back to it. You can do one version and then go back and change it. Once you get to the signature page which shows the tax due (this won’t appear if you have foreign income that will receive a tax credit) if something seems wrong you can go back and amend it. You can do this as many times as you like until the official deadline without it generating separate tax bills and even after the deadline provided you have submitted something before the deadline. If it gets close to the deadline it is better to declare something and sign the tax return and then correct it at a later date rather than incur a fine for late submission.

    The tax filing deadlines are as announced in my previous Ezine however the deadline for filing the paper return is Tuesday 21st May before midnight.

    You need to get it into the post box before this time even if it will be collected the next day.

    If you haven’t already engaged a tax lawyer or accounting firm to help you out with your tax return then it is too late to do so as they will be too busy at this time of year. Therefore you need to get something onto the tax form and get it submitted by the deadline. It doesn’t matter if it is incorrect you can always amend this year’s tax return at a later date.

    If you have any questions on your taxes or finances in France please do send me an email and I would be happy to arrange a time to speak to you.

    Educational events in Portugal

    By Portugal team
    This article is published on: 2nd May 2024

    02.05.24

    Our local team in Portugal (Mark Quinn BA ATT APFS and Debrah Broadfield LL.B LL.M ATT APFS) recently ran two educational seminars in Lisbon and the Algarve regions.

    Together with Susan Brooks from Momentum Pensions and Richard Flood with Lorraine Reddaway from RBC Brewin Dolphin they discussed the 2024 tax landscape, retirement planning options, investment solutions and tax strategies for expatriates living in Portugal.

    Over the two days we were delighted to welcome over 75 attendees.

    Thanks to the staff at the hotels and to everyone for their engaging participation.

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    UK Inheritance tax and living in Valencia

    By John Hayward
    This article is published on: 30th April 2024

    30.04.24

    Every so often, I write about this cheery subject but it really is worth getting to know the basics if you do not want to suffer from, or leave your beneficiaries exposed to, the slings and arrows of outrageous tax complications. There are proposed changes to UK inheritance tax which I will discuss below.

    Inheritance tax in Spain has pretty much disappeared, for some and for the time being. For example, in the Valencian Community, there is an inheritance tax (and gift tax) allowance of €100,000 for spouses, grandparents, parents, children, and grandchildren. For younger beneficiaries, the allowance is higher, as it is for those with qualifying disabilities. Since 28th May 2023, there is also a 99% reduction on the tax bill for spouses, etc. This means that there is little or no tax due for the relevant category. I am not going to write about the different tax bandings but you can contact me if you want to know more.

    Taxes in Spain tend not be abolished but rather put on hold or reduced, temporarily. In Valencia, this “new” 99% reduction is the same as the old 99% reduction which was in place up until 2013 when it was reduced to 75% and subsequently 50%. Asset distribution is an important consideration, making certain that, should the thinkable happen, i.e. the reduction is changed again, spreading wealth as tax efficiently as possible is key. (Spending everything is also a way of reducing any inheritance tax liability albeit to the disappointment of those expecting some handy cash.)

    When it comes to beneficiaries who do not tick the right boxes, planning is even more important. One of the fairly common situations I have come across is where couples in their second or third marriage have children, from different marriages, who are beneficiaries on the death of their parent and/or step-parent. The inheritance tax allowances above do not apply if the child is not a direct relative.

    Allocating assets through a will could alleviate this problem. Spain will apply inheritance tax to an asset in Spain or an individual resident in Spain. A UK asset inherited by a UK resident will not be subject to Spanish tax.

    Therefore, planning is necessary to decide which child receives which asset. (See below for proposed UK inheritance tax change).

    Although you might read that the double taxation agreement between Spain and the UK does not cover inheritance tax, tax paid on the UK estate can be deducted proportionately from the individual’s tax liability in Spain.

    Proposed changes to UK inheritance tax
    The UK government is looking to move from a domicile basis to a residence basis. To determine where one is domiciled can be a complicated exercise.

    The UK government website states: HMRC will treat you as being domiciled in the UK if you either:

    • lived in the UK for 15 of the last 20 years
    • had your permanent home in the UK at any time in the last 3 years of your life

    The proposed change, effective from 6th April 2025, will be to charge individuals who have been UK resident for 10 years and keep them on the radar for 10 years after leaving the UK. This would mean that after 10 years in, say, Spain, only UK assets would be subject to UK inheritance tax. This leads us back to my point about asset distribution. Where possible and necessary, assets should be allocated to beneficiaries based on their residence to maximise the tax allowances in both the UK and Spain.

    We specialise in arranging savings and investments in a tax efficient manner and have saved clients and their families thousands in taxes on the death of a spouse, partner, or parent, or even an unknown uncle in one case. I am certain that we can help you too.