Capital Gains Tax and the Expat Property Owner
By Lorraine Chekir
This article is published on: 28th May 2014
You have realised your dream, bought a property in France, perhaps as a holiday home to start with but now you have moved here, maybe to work, or perhaps you have retired. The big question is what to do with your property or properties in the UK?
When moving to a new country many people are a little nervous about letting go of their old one, rightly so after all holidaying is one thing, but living in a foreign country quite another. So often people keep their property in the UK, for a while at least, however this can have Capital Gains Tax (CGT) implications on a future sale.
A tax treaty signed between France and the UK which became operative on 1st January 2010, meaning that for former UK residents now resident in France, they are liable for french CGT on the future sale of any property including your former main residence. However no liability will apply in the UK.
Main Residence
If you sell your UK home when you move to France or within a relatively short space of time (usually within a year) then no CGT will be payable in either France or the UK. If however, you hold into it for a while ( then or rent it out) then you will pay CGT on it in France just like any other maison secondaire, with no allowance being made for the fact that it was your main home for a period of time.
Buy to let
If you sell your UK buy to let property when you move to France rather than at a later date then you will pay UK CGT. To work out how much tax you will have to pay, take the selling price of the property, then deduct the buying price. You can deduct the costs of buying and selling, e.g. solicitor’s fees, stamp duty, estate agents fees, advertising etc. You can also deduct the cost of
improvements to the property but not routine maintenance and repairs. There is also an annual exemption allowance (£11,000 for 2014/2015 tax year). CGT rates are 18% or 28% for higher rate tax payers. HMRC website provides a step by step guide.
Any buy to let properties that you own in the UK and subsequently sell after you become a french resident will be liable to French CGT.
Ownership
An important point to note, if you are married, but your UK property is only in one person’s name, it may be sensible to transfer the property into joint names prior to any sale to reduce any potential UK CGT liability. There is no CGT payable between spouses/civil partners and the CGT calculation on sale will be based on the original purchase price for both parties.
In France Gift Tax applies between spouses and applies to gifts made in the previous 15 years so it is sensible to take advice from a professional before taking any action.
French CGT
Like UK CGT, you start with the sale price and deduct the purchase price plus any associated buying and selling costs and costs of improvements (but not repairs or DIY, invoices need to be provided from registered builders etc). If you have owned the property for more than five years the notaire can apply an allowance of 15% of the original purchase price of the property – even if you haven’t done any work!
For EEA residents the starting rate for french CGT is 19% plus 15.5% social charges however these start to reduce on a sliding scale from year 6 of ownership onwards. After a full 22 years have passed the CGT reduces to nil, however it is 30 years before the social charges reduce to nil. Additional charges apply for gains above 50,000 euros.
Working out when, where and how much Capital Gains Tax you should be paying can be quite a headache and the best thing to do is take advice from a professional.
This article is for information only and should not be considered as advice and is based on current legislation. 25/05/2014.
The Full Spectrum
By Spectrum IFA
This article is published on: 26th May 2014
Having recently started working for the Spectrum IFA Group I thought it time I start a weekly Newsletter covering issues important to all of us, one way or another. Especially for expats who have made Italy their home/spend much of their time here. The main thrust/focus of my Newsletter is to impart in an easy-to-understand, but not too lengthy outline, important matters and up-to-date information to expats residing in my area on matters such as investments, tax and general financial planning issues. And being part of the Spectrum Group means I also have access to professionals in various fields of expertise.
So, taking the above into account, I thought a very good and apt place to start would be to give a broad overview of current happenings in world markets, as we are all affected one way or another, especially with the speed at which events are communicated.
Probably 95% of people I have assisted or advised has had or still has capital in the markets in one way or another. There are many ways this could occur, viz a Pension Fund, a Money Market Fund, an Insurance Policy, Unit Trusts (Mutual Funds) or direct Share Investment.
Markets go up and down, and likewise interest rates. And then we have inflation to factor in. We may not be affected by these movements in the short-term, but are almost certainly going to be in the longer term (five years onwards).
Hence the extreme importance of reviewing your finances on a regular basis, at the very least once a year, in order to ensure your investment aims and objectives are still on course. We are all told to have a thorough medical check-up once a year so as to ensure all our parts are functioning correctly. And we are willing to pay for this because we can appreciate the need – after all, we want to be on planet earth for as long as possible.
Likewise the common sense of having a proper financial check-up at least once a year. And in most cases this involves no fee but at the end of it one wants to walk away knowing everything is alright but, if not, then to be able to change the doctor’s prescription! And this gives us peace of mind.
Unfortunately many are the cases where we come across people who consult an advisor, but then forget to review or the advisor disappears and they fail to take remedial action to consult another.
There is so much “doom and gloom” about these days, so it is wonderful to read of or hear about news filtering through regarding the economies of the UK and EU which are quite positive, and this augers well for investors who have experienced a bit of a bumpy ride over the last 18 months and which offers potential for new would-be-investors or those who have been waiting. Matthias Thiel, market strategist at Hamburg-based M.M. Warburg, which is bullish on southern European assets. “The recovery story is playing out as expected,” he said.
The European Commission had, inter alia, the following to say in its Economic Forecast for EU countries……
- United Kingdom: Recovery takes hold, fiscal imbalances still sizeable
- Italy: A slow recovery is underway
- France: Recovery remains slow amid sizeable budget deficits
- Germany: Accelerated growth in the offing
- Portugal: Gradual economic recovery
- Greece: First signs of recovery
- Spain: The recovery becomes firmer while the re-balancing of the economy continues
It is very important to remember that markets experience upturns/good times (good times) as well as downturns (negative periods).
And economic experts never all agree! So when times are prosperous, out of, say, 100 experts, a third will have a certain view or opinion, a third exactly the opposite, and the remaining third will be neutral. And all will have convincing arguments to prove their respective outlook. But true, experienced economists, when asked what they think about a certain economic outlook will be honest enough to simply say “I do not know!”
Economies throughout the globe are all intrinsically linked together, and what happens in one country can impact on another, even if they are miles apart. Like that old adage “If America sneezes we in UK or Italy catch cold.
So, in conclusion, there is much to be positive about but with it comes a caveat: Do not put all of your eggs in one basket but spread your resources across the various asset classes.
In my next Newsletter we will focus on the different asset classes and what it means to diversify.
Until next time, ciao!!
Should I use a Financial Adviser?
By Peter Brooke
This article is published on: 24th May 2014
Creating a financial plan is NOT a complicated thing to do; it is an audit of where you are today, financially, and where you want to be at different stage of your life. This requires creating a list of what you have, earn, own and owe and agree with yourself to put something aside to cover different goals for the future.
If we don’t have goals in life there is probably little point in getting up in the mornings; unfortunately most things cost money and so having financial goals is also an important part of life. Money doesn’t buy happiness, as we all know, but it does buy some choice and, to some extent, some freedom. I have met yacht crew who have worked for 20 years without implementing a financial plan and want to leave yachting; as they have no pensions and minimal savings or investments they are left with a simple choice… live on very little or keep on working… I see this as a loss of freedom, and so do they.
So we can agree that having a financial plan, however simple, is a very important thing to have but why have (and pay) someone to help you bring this together?
The process – though doing a plan is quite simple a financial adviser will ensure that all areas are discussed and re-examined so nothing is left out. All of the horrible ‘what if’ questions should be covered:
Implementation – a good adviser will have access to thousands of products from to use with different clients who have different needs. The more choice available the more assistance you will need in choosing the best ones, but also the more independent the advice will be. A small advisory firm is likely to have only a few products to choose from and so will display less independence.
Professionalism – if we are ill we go to a doctor; they have qualifications to diagnose our problems and help to put together a plan to make us better. Likewise with a lawyer. A financial adviser should also have qualifications in his or her trade too. Some advisers also specialise in certain areas, like investment or protection etc.
Regulation – like a Doctor or lawyer a financial adviser will be regulated by a government body and will have to display a certain competency and have insurance in order to practice.
Knowledge – qualifications don’t guarantee knowledge, a good adviser should continually improve their knowledge and should be able to prove this through their ability to explain complex issues.
Humanity and perspective – most importantly you need to trust your adviser, this person or firm should be your trusted adviser for most of your life; they need to be able to empathise with the different situations you will find yourself in over the years. They should be able to draw on experience from other clients to help solve issues you face too; they should be able to offer perspective on the decisions you make.
This last point is the hardest to prove and is probably best achieved through a combination of your own ‘gut instinct’ and referrals from friends and colleagues. Do your own research on the all of the above factors, ask around and keep asking around until you have a short list of advisers to meet… then follow your own feelings as to whether you can trust them; the relationship should be a long term one and you will end up telling them a lot of very personal information over time.
This article is for information only and should not be considered as advice.
This article appeared on the FEIFA website. The Spectrum IFA Group is a member of FEIFA. (The European Federation of Financial Advisers and Financial Intermediaries)
Buying Property in France
By Peter Brooke
This article is published on: 23rd May 2014
Buying property is one of the most major investments we make in our lives. For yacht crew, it’s rarely for a primary residence, which makes the considerations for buying a little different.
Location will always come first, but when using property as an investment, yield should be a very close second. This is the net annual rental income (after all costs) divided by the value. One of the biggest reasons why property is considered the best investment is because it’s possible to leverage, or borrow, to buy it, especially when interest rates are low. For example, if you buy property for €200,000, and it gives a rental income of €8,000 per year, a four-percent yield is realized. If you only invested €40,000 and borrowed the remainder at three percent interest, then you immediately double your yield to eight percent. This is a compelling reason not to invest all your capital into a property. Even if interest rates are higher, it may still make sense, as it’s often possible to offset the interest against rental profits to reduce income tax.
Buying property in France is very popular amongst yacht crew, especially near the yachting centers of the Côte d’Azur. This is because the property can be a great escape in the winter when the yacht is in port or the yard, and also gives a great seasonal rental yield in the summer, the time when crew are hard at work.
These areas also are very sought after and selling a property is rarely difficult. The costs of buying in France are quite high; government taxes and notary (legal) fees total approximately 7.5 percent of the purchase price, and agent fees (when you sell) can be five or six percent. This means 13 percent growth on the property is necessary to make any capital profit, which is why property should be seen as a long-term investment and why rental yield is important. Annual taxes also apply and vary depending on where the property is located and its size. Borrowing in France is still possible for yacht crew, although it’s getting a little harder as banks tighten their rules. Generally, crew can borrow 75 (sometimes 80) percent of the purchase price. This means you need approximately 32.5 percent deposit (including notary fees) to start your property portfolio.
French lending laws allow you to be up to one-third of your income in debt, so if you earn €3,000 per month, you cannot spend more than €1,000 on your debt repayments. Over 20 years at three percent, €1,000 per month equates to a loan around €185,000. For tax-resident yacht crew (in France or any other country), the loan-to-value can often be higher as tax documents make banks feel more comfortable about lending. Any rental income is taxable in France, whether you are resident or not, and capital gains tax and inheritance tax will be initially liable in France, too.
There are many considerations when buying property, so seek good, qualified advice especially if it’s part of an overall plan; a mortgage broker should be able to find the best terms for you, often at no cost.
Le Tour de Finance in France
By Spectrum IFA
This article is published on: 22nd May 2014
After a hugely successful run of events in Italy and Spain, Le Tour de Finance has come home to France for a run of 9 events throughout the country.
The first 5 legs of le Tour are taking place from 20th – 23rd May. The final 4 events are taking place towards the end of June from 17th – 20th.
These informal events are a great opportunity for expats of all ages to get those unanswered financial questions clarified in plain English.
The range of professional speakers is varied and will cover a multitude of subjects from; Pensions & QROPS, Currency Exchange, French Wills, Tax Efficient Investing, Estate Planning & Tax Advice in France.
These sessions are free, you’ll get to meet other expats in your area and can finish the morning with a complimentary buffet.
For further details on future events please click here.
Swiss British Classic Car Show in Morges
By Chris Eaborn
This article is published on: 20th May 2014
On the doorstep of our two Swiss-based advisers, Chris Eaborn and Robbin Davies, is the lakeside town of Morges on Lake Geneva, where for the past 21 years The Swiss Classic British Car Meeting has built to become one of the leading classic car events in Europe.
The brainchild of one man, Keith Wynn, a British expat, it attracts around 1,500 classic and special interest British cars and around 20,000 spectators every year. The event is non-profit, fuelled by Keith and other supporters’ love of some of the most evocative names in automotive history, and the thrill of seeing them driven to the event and displayed along the shorefront for all to enjoy.
The Spectrum IFA Group is a main sponsor and proud to be associated with such a delightful event that brings many visitors to the region and is so popular with the community in which we have many clients.
Entry is free to both drivers and spectators and the location is easily accessed in 20 minutes by train from Geneva Airport.
Maybe you fancy an excuse to visit Switzerland and at the same time visit the show this year on October 4th?
For details of the event, and helpful planning tips such as hotels and transportation, visit www.british-cars.ch
Spanish Mortgage News
By Chris Burke
This article is published on: 17th May 2014
In the last two months, we have seen some incredibly positive things happening in respect of mortgage lending for non-residents. This affects not only product conditions (see below), but also service standards.
In March, two of the main lenders contacted one of our mortgage brokers us to ask us if they could meet decision makers in their banks to understand how they can compete for and win more non-resident mortgage business. They met with two members of the Board of Directors of one of the largest banks in Spain and last week we met two senior officials from another of the largest banks.
At these meetings we advised that to compete effectively banks need to offer at least 70% of purchase price, with no compulsory life assurance, without a minimum rate (“suelo”), for all nationalities, and to improve the efficiency and turnaround times for approvals.
We have also advised that debt-to-income ratios could be increased to gain more business from rivals, but this seems to be something that is harder to get banks to change. Many banks are currently using a 30% debt-to-income ratio, so monthly debts (including the new Spanish mortgage) must not exceed 30% of overall net monthly income. Some banks are using 40%, but these banks are not offering the best conditions. It is worth noting that the 30% rule is often relaxed slightly for high-earners.
We anticipate that changes will be made one step at a time, but have been very encouraged by the results of these meetings. Here are some new conditions we have been involved in negotiating:
- 70% now available for most other nationalities (case-by-case basis for non-Europeans)
- Low interest rates from annual Euribor + 2%
- Products without compulsory life assurance
- 30-year terms available
- Fast-track approval with decisions in 1-2 weeks from submitting all requested documents
For Scandinavian clients, as most agents are already aware, Nykredit has often been the preferred bank to use because they offer attractive conditions and 70% for Scandinavian nationals (up until recently they offered up to 80%, but this is now very difficult to achieve with them). We are getting more and more Scandinavian clients coming to us telling us that Nykredit has declined their mortgage, is taking an eternity to approve it or requires them to invest large sums to get approval for 80%. What is clear is that Nykredit is purposefully slowing down its lending for Spanish property purchases. This now appears to be in contrast to the leading Spanish banks. Nykredit has also made clear that it is not keen on self-employed applicants, cheaper properties, non-touristic areas and even some very popular holiday destinations such as Ibiza.
| MAXIMUM LTV |
Fiscal Residents – 80% Non-residents – 70% |
| EURIBOR* | 12 month (annual) – 0.549% |
| EXCHANGE RATES |
1 GBP = 1,1952 EUR 1 EURO = 0.8367 GBP |
Data correct at the time of writing
* Based on purchase price or bank valuation (lowest of the two)
** All non-resident mortgages are now based on the annual Euribor with a loading of 2 – 4%. The margins now vary considerably depending on the bank in question and the customer profile and some banks have minimum rates
Reflections on the recent ‘French Property Exhibition’ in the UK
By Spectrum IFA
This article is published on: 16th May 2014
For the first time The Spectrum IFA Group participated in this regular UK event on the 9th – 10th May as part of Le Tour De Finance Roadshow (www.letourdefinance.com)
Organised specifically for those UK residents looking to purchase property in France as either a second home or for a permanent move, the event brings together a range of experts to help delegates further their plans & aspirations.
Amanda Johnson & Bérangère Chabenat represented The Spectrum IFA Group this year, with the aim of providing attendees information on financial planning & mortgages which would assist potential buyers in their longer term financial situation.
The event was very well attended & many delegates took the opportunity to enter our free prize draw, the winner receiving a hamper containing some of the Loire Valley’s excellent sparkling wines, champagne flutes in which to enjoy it & local confiture de vin.
Le Tour de Finance was of great interest to many attendees, with eight people signing up to attend the events in June & several others expressing a wish to be informed of future seminars.
After a full day of manning the stand, Amanda & Bérangère found the opportunity to network with other exhibitors in the evenings over a glass of wine.
A good time was had by all.
Click here for information on Le Tour de Finance events during May and June 2014
Who is “Ask Amanda?”
By Amanda Johnson
This article is published on: 15th May 2014
As it has been over 2 years since I introduced myself to Deux Sevres Magazine readers, I thought a reminder of who I am would be helpful:
Along with drawing on the resources of The Spectrum IFA Group, one of Europe’s leading independent intermediaries, I have 25 years of experience in financial services.
For over 15 years I have specialised in personal financial planning. Whilst in the UK I worked for several UK high street banks as a financial advisor, attaining the following Certificate for Financial Advisers (CeFA®) qualifications: C.E.F.A I, C.E.F.A II, C.E.F.A III & CEMAP
After a permanent move to France in 2006, I have been addressing the unique financial planning needs of expatriates and those with cross-border interests. I have a detailed knowledge of the French rules & regulations for tax efficient investments, pension organisation, Inheritance planning & French mortgages.
In making recommendations we have access to some of the world’s most respected international banking, investment management and insurance institutions, bringing customers a widespread range of services.
There are no consulting fees for providing you with advice or ongoing service. Our Client Charter outlines how we work and what you can expect from us. Please do not hesitate to ask for a copy of this.
Whether you want to register for our newsletter, attend one of our upcoming road shows (June 17th & 19th) or speak to me directly, please call or email me on the contacts below & I will be glad to help you. We do not charge for reviews, reports or recommendations we provide.
Amanda Johnson tel : 05 49 98 97 46 or 06 73 27 25 43 e-mail : amanda.johnson@spectrum-ifa.com web: https://spectrum-ifa.com/amanda-johnson
Umbria Expat – Financial Surgeries
By Gareth Horsfall
This article is published on: 14th May 2014
- How do the latest Italian tax laws affect me?
- What are my financial obligations as a resident in Italy?
- How can I reduce the amount of tax I pay on savings and investments overseas?
And what taxes do I have to pay on these in Italy? - What is the retiree tax allowance in Italy and am I eligible for it?
- Are there other money saving opportunities that I can take advantage of in Italy?
If you would like to know the answers to these questions relating to life as an expat in Italy then Gareth Horsfall from The Spectrum IFA Group (Italy) will be holding a FREE, drop in, financial surgery on the following dates and times during the months of May and June 2014.
- 10:00AM – 1:00PM Friday 23rd May at Bar del Castello, Castiglione del Lago
- 10:00AM – 1:00PM Wednesday 28th May at Antico Caffè Giardino, Umbertide
- 10:00AM – 1:00PM Tuesday 3rd June, Bar del Castello, Castiglione del Lago
- 10:00AM – 1:00PM Wednesday 11th June, Antico Caffè Giardino, Umbertide
- 10:00AM – 1:00PM Tuesday 17th June, Bar del Castello, Castiglione del Lago
- 10:00AM – 1:00PM Wednesday 25th June, Antico Caffè Giardino, Umbertide
Addresses:
Bar del Castello,
Viale Belvedere 1,
Castiglione del Lago.
Antico Caffè Giardino,
Via Garibaldi 14,
06019 Umbertide
There is no charge for this service
If you would like to take advantage of Gareth’s availability on these dates then you can contact him in advance on gareth.horsfall@spectrum-ifa.com or on cell: 3336492356 or just pop along and feel free to pick his brains!