The Spanish Capital Gains Tax Trap
By Jeremy Ferguson
This article is published on: 5th July 2024

It’s a big decision to make, selling up in the UK and moving to Spain, but it’s also a decision that needs careful planning when it comes to making sure you don’t get caught up in the Spanish Tax system unnecessarily.
The best way to explain what I mean is to look at a typical example.
Mr and Mrs Smith decided enough was enough, and they put their home in the UK on the market with the intention that once it sold, they would move to Spain. The house sold to the first viewer for £500,000 in February 2023, with a quick completion needed, so things moved fast. The couple had owned the house since 1980 when they paid £100,000 for it, so a nice £400,000 profit.
If they Upped sticks to Spain in March of 2023, then this could have terrible implications, which many people aren’t aware of. Essentially, in many circumstances (not all, depending on your age etc.), Spain will tax you on the capital gains made on a UK property if you are considered a tax resident in Spain in the year in which you sell the property, even though it was your main residence. This of course is not what we are used to in the UK.
So, in this example, because the couple moved to Spain in March of 2023, they will spend more than 183 days in Spain this year, deeming them tax residents in 2023. Therefore, the £400,000 profit made on the sale of the UK property will first need to be converted to Euros, and then capital gains tax will be applied at a rate of between 19% and 26%, meaning a tax bill due in 2024 of approximately €112,000. Imagine the shock when sitting with your tax adviser in 2024 to file your first Spanish tax returns, and he informs you how much tax you will have to pay.
So this is exactly why careful planning needs to take place when sorting out the timing of your move to Spain.
In this theoretical example, by simply delaying the move until after the summer, then Mr and Mrs Smith will no longer have spent 183 days in Spain in 2023, and will have still been UK tax residents that year. By doing this they will have completely avoided any tax implications here in Spain, a huge saving for them.
So, the cost of a short term rental after selling their home, or staying with family, may seem a bit of a hassle, but it will certainly be worth it in the long term.
There are also other things to consider. Tax free lump sums from UK pensions are taxable here, as are the profits on any ISAs you may have, so it’s not just selling the house that needs careful planning when timing your exit from the UK.
Make sure you leave the UK in the most tax efficient way before starting the next stage of your life here in Spain.
Watch the podcast with Jeremy Ferguson and UPSTICKS.ES below
Financial update July 2024 – France
By Katriona Murray-Platon
This article is published on: 4th July 2024

During one of the presentations that we received in January at our annual conferences, we were told that this year 40% of the population would be going to the polls. Now, with Macron’s decision for an election, that figure has increased to almost half the world’s population.
Having already voted in the European elections earlier in June, I will now be voting in both the French elections at the end of June and the UK elections in July. Three elections in the one year! The first round of the French elections was on Sunday 30th June and the second round on the following Sunday, 7th July.
What does this mean?
Well, notably it means that any law reforms that had been going through the French parliament have now been suspended. What will be on the parliamentary agenda will be determined by whichever party gets the majority.
So far the markets seem to be less interested in the elections and more interested in the decisions of the central banks. With the European Central Bank reducing its interest rate by 0.25% on 6th June 2024, all eyes are on the Fed and the Bank of England to make a decision about their rates in the coming months.
As from 1st July 2024, Autoentrepreneurs carrying out a non-regulated ‘liberal’ activity under the micro-BNC regime will have to pay increased social contributions. The rate will increase to 23.2%.
Come the autumn months we will have to pay taxe foncière and taxe d’habitation for those with second homes. These taxes increased by 7.1% last year because of inflation and they are predicted to increase again this autumn by 3.9% due to the reassessment of the rental values. There may also be an additional increase if the local authorities of towns of more than 100,000 inhabitants so decide, which will be 1.2% on average.

From 31st July and until 4th December, you will be able to amend your online tax declaration on the impots.gouv.fr website if there is any information you missed out or you realised there were mistakes made but you were just trying to submit the return before the deadline.
Your tax statements will be available over the summer from 24th July and end of August. If you have paid too much tax, your statement will be available between 24th July and 2nd August online or between 24th July and 29th August by post. If you still have some tax to pay after your monthly contributions your statement will be available online from 26th July and 2nd August or by post between 25th July and 23rd August. If you opted not to receive paper statements, you will receive an email letting you know that your tax statement is online.
If you have less than €300 to pay in tax, this amount will be taken on 25th September 2024 but if you have more than this, then the payment will be spread out into 4 payments taken 25th September 2024, 25th October 2024, 25th November and 26th December 2024. You will continue to pay your normal monthly tax payments on 15th of each month but these will be adjusted as from September.

July is a busy month for me as I still have a few review meetings to do before the summer holidays. So please do use this time to get in touch if you have any questions or any matters you want to address before the summer.
I shall not be doing an Ezine article in August but instead will look forward to bringing you all the latest financial and tax news in September!
Mortgage interest rates in Spain
By Spectrum IFA
This article is published on: 27th June 2024

Mortgage Interest rate update – June 2024
On June 8th, the European Central Bank (ECB) announced the decision to lower interest rates, from 4.5% to 4.25%. It was as expected, with the institution itself pointing out for months in advance that June would likely be the time for a change.
Companies and governments will be able to continue financing themselves at a lower cost, having adjusted to interest rates that have reached their highest levels since 2001. The announced cut is of course marginal, especially in comparison with the dramatic increases from zero in July 2022 to 4.5% in September of last year – two years during which the cost of financing skyrocketed and banks turned off the credit tap.
Inflation is now showing signs of subsiding. The ECB’s objective was to cool the economy in order to stop the upward spiral in prices, and it seems to have succeeded – the inflation rate in the Eurozone reached a maximum of 10.6% in October 2022 and currently prices are growing at a more subdued rate of 2.6%, according to May data. At this level, it is close to the ECB target of 2%. The rate cut is designed to lower borrowing costs, thereby encouraging consumer spending and business investment. This increase in economic activity is expected to help balance inflationary pressures and move us further towards the ECB’s inflation target.
The Eurozone has recently been experiencing a noticeable slowdown in economic activity. Additionally, geopolitical tensions and trade uncertainties have exacerbated these economic challenges, prompting the ECB to act. This move aims to address the Eurozone’s slowing economic growth and persistent inflation concerns, reflecting the ECB’s strategic role in supporting economic stability. And, although economic growth has been anaemic (barely 0.4% in the euro zone in 2023), the ECB may have saved the economy from recession, understood as two consecutive quarters of negative growth.
ECB President Christine Lagarde indicated that the ECB is prepared to implement further measures if necessary, depending on future economic direction. The central bank will continue to closely monitor key economic indicators, such as growth rates, inflation trends, and external economic factors, to guide its policy decisions. Mortgage interest rates in Spain have started to fall, which is good news for borrowers, but there is no certainty on the timing or the scale of future rate cuts.
Should you have any enquiries regarding the content of this article, or any other questions relating to mortgages in Spain, please do not hesitate to reach out to us for further information.
Patricia Nadal: spain@spectrum-mortgages.com
Buying your dream home in France – webinar
By Peter Brooke
This article is published on: 20th June 2024

WATCH THE WEBINAR HERE
I have worked with many of the panelists for a number of years and their knowledge and experience is valuable to me and my clients; so if you are looking at buying and/or relocating to France then please join us for this live webinar.
Our experienced panelists are here to discuss all nature of topics to do with buying and relocating to France:
Karen Tait – Webinar host
Peter Brooke – Wealth & tax planning from The Spectrum IF Group
Joanna Leggett – French Property Expert from Leggett
Jonathan Watson – Currency Expert from Lumon
Paulette Booth – Banking and insurance expert from AXA
Tracy Leonetti – Visa & paperwork expert from LBS
Sharon Revol – Mortgage expert from Cafpi

Financial update June 2024 – France
By Katriona Murray-Platon
This article is published on: 5th June 2024

Tax season is pretty much over for another year, and by the time of publication most of the deadlines for filing will have passed. However, if you have an accountant who does your tax return they will usually be given extra time to file the returns. If you submitted your own return but have questions about whether you did it right and would like to speak to an accountant about it, you should try to speak to them late June, early July or early September to submit an amended return.
May is always a busy month for me, not least because of all the tax enquiries. However I also found time to write an article on French pensions. If you haven’t seen it already you can find the link here (https://spectrum-ifa.com/french-pensions/). If you have any questions on this article or your French pensions in general please do let me know
People often ask me whether they have to send in documents with their tax return or whether they are likely to get asked about what they have entered. The fact of the matter is that very often the tax office only really focuses on the tax returns of the very high earners (income tax, wealth tax, inheritances etc…). The French tax office generally go after the biggest fish, notably those with an income of over €1million per annum or gross assets that are subject to wealth tax of more than €6.9 million. However if you do start to do a wealth tax return you may find that your local tax inspector will take more of an interest on this one.
In 2020 there were a lot of people who, after many years of holidaying in France and owning a property here, decided to be considered resident in France before the Brexit deadline of 31st December. For wealth tax purposes you are exempt from declaring your worldwide assets for the first five calendar years of your residency. Unfortunately, even if you arrived late in 2020, this would still be considered your first calendar year. This means that as from 2025, if your world wide assets are worth more than €1.3million as on 1st January 2025, you will have to do a wealth tax return next year. You only have to declare your property assets, irrespective of where they are in the world. If you have money in investments or assurance vies, these are not included in your wealth tax return.

At this time last year, after having completed our tax returns, we still had to do the property declaration. This was an online declaration. Now, almost a year later, the tax authorities have produced a paper format of the declaration. You can download the paper form here https://www.impots.gouv.fr/formulaire/1208-od-sd/declaration-doccupation-des-locaux-par-le-proprietaire or some tax offices may have copies available if you cannot print it yourself.
Every year I get a lot of people contacting me about Trusts. Many years ago I wrote an article on Trusts which you can find on our website (https://spectrum-ifa.com/trusts-and-french-residency/). I have not updated the article because the law has not changed a great deal on this subject and much of the information is the same. If you are the trustee, settlor of beneficiary of a trust and you are resident in France you have to declare the existence of the trust using the form Trust 1 (https://www.impots.gouv.fr/formulaire/2181-trust1/declaration-de-constitution-de-modification-ou-dextinction-dun-trust).Then every year you have to declare the value of the Trust as at 1st January of each year using the Trust 2 form (https://www.impots.gouv.fr/formulaire/2181-trust2/declaration-annuelle-de-la-valeur-venale-au-1er-janvier-des-biens-droits-et-)
The deadline for filing the annual value declaration, which must be sent to the Non-Residents tax office, is 15th June.

Finally, for those with Pru assurance vies or those thinking of investing in a Pru Assurance Vie, on Tuesday 28th May 2024 the Prudential Assurance Company (PAC) board reviewed the Prufund Expected Growth Rates (EGR) as part of the quarterly review process. The Expected Growth Rate (EGR) is the forward looking element of the Prufund smoothing process.
For this quarter the EGRs of the Prufunds in our assurance vie products remained unchanged. The Unit Price Adjustment (UPA) part of the smoothing process, which is a backward looking element, and which is formulaic and non-discretionary are also reviewed quarterly. This quarter there was an upward UPA for the Prufund Growth USD fund of +2.71%.
If you have any questions on any of the matters mentioned above please do get in touch. I would be happy to arrange a phone call, video meeting or in person meeting to answer your questions or review your financial situation.
The Value in UK National Insurance Contributions
By Chris Eaborn
This article is published on: 4th June 2024

If you have lived and worked in the UK and have paid National Insurance Contributions (NICS) you may be able to buy top-up years for missed years from 2006 onwards. It will depend on where you are currently living, but it can be beneficial to secure all or a portion of the UK State Pension, which is currently £221 per week.
To qualify for a minimum UK State Pension you must have 10 qualifying years. For example, if you worked in the UK for five years, you would not qualify for a pension but you can buy five years of contributions (or for an even higher pension entitlement, the full eighteen years’ worth since 2006!) and you will receive a minimum State Pension which is currently £63 per week.
The numbers could be compelling as if you have to pay Class 2 voluntary contributions you would pay a one-off £819 (5 x £163.80) to take you to ten years of contributions and receive an indefinite pension in your retirement of what today is £63/week (£3,276 per year) compared to nothing at all! And even if you have to pay the higher Class 3 contributions you would pay £4,121 as a one-off to receive (at today’s levels) an annual pension of £3,276 per year for life from UK State Retirement Age.
You can check your National Insurance record here:
https://www.gov.uk/check-national-insurance-record
To qualify for a full pension depends on various factors that the HMRC will calculate for you.

You should urgently complete a form CF83 as there is a significant backlog for the response from HMRC with your calculations, and the deadline for making voluntary payments is 5th April 2025.
Form CF83 can be found here: https://assets.publishing.service.gov.uk/media/65a4e2117eb42e000dceb7ab/CF83.pdf
If you have any problems completing it, the telephone number for HMRC is +44 191 203 7010 and after the prompt you should say “International Case Worker” for the correct department.
The form gives you a choice of whether it is to request information about only buying back missing years, or only paying voluntary contributions in future years, or both. I was advised by the officer I spoke to that the maximum contribution required for a full pension varies (and you will be advised) but is typically 35 years.
There is no benefit to overpaying. For example, a young person working overseas who plans to move back to the UK and pick up paying NICS again, may not need to contribute for missing years if the time overseas is relatively short and they are likely to contribute at least the number of years to qualify for a maximum UK State Pension in the future.
Form CF83 must be physically posted to HMRC so we recommend registered mail of an international courier service such as DHL, FedEx, etc.
The cost of the additional contributions depends on whether you have to pay Class 2 or Class 3 contributions. Class 2 contributions are £163.80 per year and Class 3 are £824.20 per year. The HMRC report will tell you the cost and the resulting benefits and you can decide if you think the benefits outweigh the costs.
Clearly, there is no perfect calculation because you don’t know how long you will live after reaching UK State Retirement Age, but if the cost of topping yourself up looks reasonable it could be a helpful part of your retirement planning, especially if you live long into retirement as this will boost your “guaranteed” income.
**Finally, please note that this article is for information only and is subject to change. Please relay on the calculations by HMRC. Information as of 29th May 2024.
If would like to discuss your retirement planning with one of our experienced advisers, please do not hesitate to get in touch.
Moving to pastures new
By Gareth Horsfall
This article is published on: 3rd June 2024

“Nothing is constant but change”
– Heraclitus
(“One cannot step in the same river twice”)
You might be wondering why I have started this E-zine with one of my favourite quotes? Well, you may or may not know that I have been living in central Rome for the last 20 years of my life, between Trastevere, Campo dei Fiori, the Pantheon and for the past 8 years in Prati. I feel like I have been living a real Roman Holiday!! This is also my 50th year on this planet (how time flies) and I will be celebrating my birthday at the end of July.

Some of you may know that I whilst I do love Rome, I have become a bit of a moaning bore about the city of late. The tourism since 2019, and especially after Covid, has gone crazy. The city has always been pretty disorganised and dirty (the lack of respect for the city drives me mad!) but I have put up with it because I get to live in Rome!
However, in the last few years I have been yearning to get out into pastures new, somewhere with greenery and birds tweeting in the morning rather than the sound of traffic and wheely trolley tourism (a term coined by a client recently, one which made me laugh a lot because it’s so true – thanks Bec!).
There was always the possibility of moving out of the direct centre of Rome, in a more quieter area, but the areas we would like to go are either too expensive or badly connected and so choosing to lead a life stuck in traffic or up to my eyes in debt didn’t seem so appealing.
But the city angst was always about me rather than my family. My wife is a self confessed city girl and she can’t imagine a life without cinemas, theatres, restaurants and bars on the doorstep. My son, at 14 years old might have trouble if he were to relocate from Rome, but he is finishing terza media this summer and so Heraclitus might be right with the timing.
I had actually told my wife a few years ago that I could see myself living in Rome until I reached the age of 55, and when Alexander turned 18, then I would need to move out of the city and into the countryside somewhere. She wasn’t convinced back then to which I replied, ‘well that’s OK. You can have a small place in the city and I will have a small one somewhere quieter and we can meet up in the middle’. That’s been a kind of running joke because we did actually try and make a break for it just after Covid when we found 2 properties we liked in and around Cortona and made offers on each, only to be rather disappointingly used to bump up offers for other prospective buyers.
Anyway, that put us off the move and it worked quite well because my son enrolled in a school in Rome and my wife got a job at the Chicago Loyola University of Rome as the lead psychologist/wellness person.
However, my dreams of living outside Rome did not quell and I found that Facebook has loads of properties in the country for sale if you join enough groups and click enough links. The power of social media being that when it knows what you are interested in it just starts firing lots of options at you. The ones I liked I would send to my wife who, I joked would, in a very ‘Tinder dating’ kind of way ( not that I have ever used Tinder I might add !) swipe right for no and swipe left for yes. In about 2 years I don’t think there was even one left swipe but there was engagement and that was the thing.

Fast forward to Thursday 9th May 2024 and I finally achieved my goal and in fact we signed the ‘rogito‘ on a house in Amelia, Umbria ;about an hour north of Rome on the motorway. A property which is independent (no more condominio problems) and is surrounded by its own olive grove and fruit trees.
I have to recount the story about the olive trees though! I have never held great aspirations to do the raccolta delle olive although I can’t deny that having your own olive oil must be a great thing, I have to admit it looks like a lot of hard work. So, the property we bought, with 140 olive trees, seemed attractive because the owner had an agreement with a local coperativa who tended the land, did the tree cutting and did the raccolta but took half the oil and gave you the other half.
Now, that sounded like my kind of arrangement! Then 2 weeks out from the rogito we were told that the coperativa no longer want to do it because they have enough land to deal with already.
So Oct/Nov 2024 could be an interesting time! That being said if you are looking for oil you know where to find it!

One of the old ‘secolari‘ olive trees on the land, probably a few hundred years old.
Thankfully I made friends with the neighbour who is a farmer and he told me not to worry as he knows loads of people he can ask who will help out.
I love the countryside already!
On the subject of olive trees they have also given me a great opportunity for work. I had decided in 2024 that I was going to start doing more video content and just putting out short video content of subjects that come up regularly and which I could talk about quickly and then upload to either Youtube / Instagram or other social media platforms. One of my issues with doing these videos is that I like to be out of the house when I do them. I hate just sitting in front of the computer and doing a video, instead I prefer to be out in the open space and talk, walk, stand…whatever takes my fancy.

But, I have one slight handicap: for some reason I just can’t seem to do my videos when I have people looking over my shoulder or listening in!
I like a bit of peace and quiet (I would make a rubbish influencer!).
But, the olive trees have now given me the best back drop ever (they also don’t talk, although they may listen!) and I will be relaunching my videos with this following logo.
So, as per most properties in rural Italy it needs some work and is currently undergoing building and ripristino work. Structurally the property is sound and so it just needs bathrooms doing, walls painting and bringing up to date as it was last renovated in the 1990’s, that being said it does hide a magical jewel. It’s own very private, yet consecrated catholic chapel.
We are told that underneath the more modern exterior of the house there is an old church from the 1600/1700’s which the local monks used to pass by and pay penitence at the windows of the chapel. The knee imprints can still be seen in the travertino stone underneath the windows. A beautiful story to uncover in time.
Lastly, the exciting thing for me is the land that comes with the house. Finally some green! No more staring at cement and tourists. I must say that although I do love Rome (resident population 2.8 million, expected tourist numbers in 2024 -19 million, expected tourist numbers in 2025 [Giubileo Vaticano] – 35 million), based on these kind of numbers it seems to be the right moment to go.
Of course our Italian friends are horrified and jealous at the same time. They admitted that they would be petrified to live outside the city. That living in amongst the neanderthals, ogres and in the great unknown which they only visit en-mass on Sundays when they want some fresh air and when everyone else is going – safety in numbers – is a big no-no. Yet, some of them have openly wish they had done it themselves and they would have loved to try a similar life. For us, its probably not a forever place, although I am sure it will grow on us and we will never want to leave but we understand that life throws curveballs at you and never say never. For now, its a long term project to bring the land back into the shape and for me to save 4 old ‘secolari’ olive trees which I discovered the other day all covered in ivy and with other plants growing all around them.
I know this E-zine is a little bit off my usual subject but I wanted to write to explain why I have not written an E-zine in the last month or so and to share this journey and excitment with you. Getting the bank to agree a mortgage and then agreeing terms with the ex-owner was, as it always is in Italy, a stressful task. I am now following workmen which is equally stressful but I am determined to keep an eye on them like a hawk, and hopefully learn a few things in the meantime. And so we can move in July, when planned.
It goes without saying that once set up fully (probably after the summer) that you are more than welcome to visit and see the place for yourself if you are down this way, meet for work purposes or just to pop in and say hello. I would be more than happy to see you there. I will be with my new fast Starlink internet connection and so be connected although in the blissful countryside, for those who can’t make it in person but who would still like to hook up online.
For now, I hope you enjoy the fotos and I will be in touch again soon with more financial and tax planning ideas for your life in Italy, and small updates on the state of the house.
If you want to know more about me or the things I do then just click here
UK Inheritance tax
By Dennis Radford
This article is published on: 21st May 2024

Baby boomer homes will have to be sold off in a “fire sale”
I wrote in a recent article about the disadvantages of holding excessive real estate in one’s investment portfolio. I highlighted a few issues around costs and illiquidity along with more recent poor performance, and the need to hold liquid investments that can be passed down outside of your estate.
I was therefore interested to read, in a recent article in the Daily Telegraph, about the subject of ever increasing Inheritance Tax liabilities being suffered by so called ‘Baby Boomers’.
Referring to the article by Rob White of the Telegraph –
Baby boomer homes will have to be sold off in a “fire sale” as their families are hit by unaffordable inheritance tax bills, wealth experts warn.
Baby boomers will pass on £1.2 trillion in inheritance over the next few decades. But a combination of property values and a lack of preparation could leave their loved ones in financial peril at the very height of their grief.
UK Inheritance tax (IHT) can run into hundreds of thousands of pounds and must be paid within six months of death. Unless the deceased left enough behind in savings, their cash-poor descendants could be unable to afford their own inheritance.
Experts believe this could lead to a flood of homes hitting the market, as the next generation is forced to sell the family silver and take “punitive” loans to pay huge tax bills they were completely unprepared for.
As Britain’s troops came home from the Second World War, expanding the population was probably just a by-product of the first thing on many of their minds. Back home after six years of battle and bloodshed, they were finally reunited with the loved ones they left behind and the lives they’d put on hold. The next three years heralded a birth rate not seen on our shores since the early 1920s. Over a million babies arrived in 1947 alone as the baby boomer generation was set firmly in motion.
Around one in four are thought to be millionaires, while last year estate agent Savills found that over 65s hold around 43% of housing wealth. Their children could inherit £90bn in the next decade alone and there are fears that passing on such substantial estates could lead to unintended consequences, both for those they loved the most and the country as a whole.

IHT in the UK is now a 40pc “death tax” charge on someone’s estate.
Everyone gets an allowance of £325,000 before anything is due, with the possibility of another £175,000, known as the nil-rate band, if you’re bequeathing a property to your children or grandchildren.
There’s nothing to pay on what you leave to a spouse or civil partner and, even if you’re widowed when you die, your late partner’s allowance can still be used. However, 40pc of anything you inherit above your allowances must go straight to the taxman. Neither allowance has increased since 2020 and they’re both frozen until at least 2028. There were hopes Chancellor Jeremy Hunt would scrap IHT in this year’s Budget, but he didn’t.
As a result, HMRC is already reporting that families handed over a record £7.5bn in IHT last year – an increase of £400m – and forecasts suggest it could rise another £2bn before 2030.
The amount of IHT paid by families is climbing rapidly.
Experts fear this is all combining to create a major problem for the UK housing market.
When someone dies, the executors of a will have to apply for probate to legally deal with the estate. However, it often isn’t granted before IHT becomes due. Although you can pay it with cash from the estate, such as the deceased’s savings, you cannot sell their assets before probate is granted.
This can mean people are not only forced to sell, they’re also pushed into taking expensive, long term loans until completion – all at a time of mourning.
Harry Bell, of wealth managers Charles Stanley, said: “Being an executor is not an easy job and it’s very stressful. Often, they’re the children of the deceased, so they’re already in a fragile and difficult position and are constantly reminded they’ve lost a loved one.”
“To add insult to injury, the IHT bill has to be paid within six months and probate usually takes longer than this. This often means money must be borrowed at punitive rates to cover the bill. If there isn’t enough cash in the estate, investments and property will have to be sold to cover the bill. This can be a long process, all while the funds borrowed are accruing more punitive interest.”
Chris Rudden, of investment platform Moneyfarm, said: “The average 35-44 year old has less than £7,000 in savings and they’re the first generation that’s poorer than the one before.”
“Property prices are generally very high now, particularly in the south, where there are 600,000 properties over £1m. If you’ve suddenly got £100,000 IHT to pay and only £20,000 in the bank, it’s not going to get you very far.”
“Many, many estates will have one of these properties, possibly even two, and would be way above the threshold with other assets. A lot of the next generation don’t have the money sitting around to pay the tax, so they may have to sell the assets they’re inheriting.”
“That will negatively affect house prices, both for those selling and those not. We saw in 2008 and 2009 what falling house prices can do, particularly in the US. Either the Government will change the policy on IHT, or people may have to foot the bill for something they can’t afford.”
“We could be looking at a property fire sale and the next generation is sleepwalking right into it.”
Please get in touch if you would like to discuss tax efficient investments that can be left to your loved ones and beneficiaries outside of your taxable estate.
The risk of negativity and diversification
By Jozef Spiteri
This article is published on: 20th May 2024

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.

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

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.