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Tax and Benefits Across Borders – Don’t Get Caught Out

UK-originated benefits are a problem too; according to the Department for Work and Pensions (DWP), it has recently managed to secure £1.1 billion in reclaimed benefits from expats who should not have been receiving payment.

Fraudulent or negligent personal wealth management in Spain would appear to be a particular problem, with as many as 10,000 expats in the country prosecuted or fined for breaches in this regard.

However, it is likely that not all cases of tax and/or benefit fraud are deliberate. Some expats who are unaware of the rules, or confused by them, may make mistakes in good faith or sometimes as a result of negligent wealth management advice.

Fortunately, the DWP is prepared to make some distinction between benefit and pension overpayment cases that are clearly instances of intentional fraud and those that come about as a result of negligent mismanagement or misunderstanding.

In terms of the consequences for misdemeanours, approximately 50% of cases result in individuals being ordered to repay benefits in full, while the rest not only have to repay sums but also receive prosecution and a substantial fine.

HMRC adopts a similar approach to tax errors that are made in good faith and those that are made deliberately.

It is a difficult problem for the British government, HMRC and the DWP to address; nearly 4 million British citizens live outside the UK and there are a complex range of options available for both tax collection and benefit payments. Advice and clarity are clearly essential in this regard.

Tax reporting requirements for investment funds are constantly changing. Many EU countries, including the UK, Germany, Austria and Switzerland, have recently modified or introduced new tax reporting regimes.

Getting it right with Blacktower

As an established wealth management firm in Spain, Germany and other major UK expat hubs, Blacktower has a detailed understanding of all the country-specific and cross-border tax and asset issues that affect you. For more information, contact us today.

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Other News

Expats can appeal EU Referendum Act decision

Ballot BoxGood news for British expats who are hoping to prove that the EU Referendum Act 2015 unfairly discriminates against them and their decision to exercise their right to freedom of movement in the EU; they have won the right to launch an urgent appeal against the decision to not grant them a vote in the European Union referendum.

The move comes after Lord Justice Lloyd Jones, sitting with Mr Justice Blake at the High Court in London, earlier ruled that section 2 of the Act did not restrict their rights.

The appeal, which is being led by two British expats, is motivated by a desire to prevent Brexit; an event which would unduly affect the lives of the two million British expats who, should Britain leave the EU, face the possibility of having their lives severely disrupted, together with their plans for their expat regular savings. In fact, according to lawyers representing the expats, they face becoming “resident aliens”.

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