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The Big Deal – Spain and Britain Sign Gibraltar Fiscal Treaty

The treaty will stipulate that an individual will be treated as a tax resident of Spain if they:

  • spend more than 183 nights per year in Spain, or
  • have a spouse residing habitually in Spain, or
  • have a permanent home in Spain, or
  • have two-thirds of their net assets in Spain.

The agreement also seeks to remove any relevant double taxation issues and offer compliance with individual domestic laws of the country in which an individual resides.

Competitive wealth management options in Gibraltar and Spain

Spain has long bemoaned the benefits gained by Gibraltar’s low tax rates for individuals and businesses – for example, there is a 10% tax on corporate profits in Gibraltar, whereas the rate is 25% in Spain. The GB Island territory is currently host to an estimated 55,000 companies which far outstrips the population of around 30,000.

And Spain is seeking to ensure that when an individual or business has the majority of their assets and business activity in Spain, they pay their tax in Spain.

However, if a Gibraltar-registered business can prove that at least 75% of their revenue is generated in Gibraltar and they were registered there before 16 November 2018, then they will be able to remain as tax resident in Gibraltar.

The Chief Minister of Her Majesty’s Government of Gibraltar, the Hon Fabian Picardo QC MP, said, “This is an important moment for Gibraltar and for our relations with our neighbour.”

In a letter to David Liddington MP (Theresa May’s de facto deputy) Mr Picardo acknowledged that the treaty was massively significant.

Blacktower wealth management advice in Gibraltar and Spain

Whether you are an expat in Gibraltar or Spain, Blacktower FM can help you make the most of your investments, pensions and savings wherever you reside.

Contact your local office for wealth management advice in Gibraltar or any one of our four regional Spanish offices in Barcelona, Costa Blanca, Costa Cálida and Costa del Sol 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

Final salary pensions – why now is a good time to cash in

Juicy lottery-sized sums are being offered to savers to tempt them out of gold-plated workplace pension schemes and into personal plans. We’ve explored whether you should consider taking a final salary pension, as well as the benefits and drawbacks of withdrawing.

What is a final salary pension?

A final salary pension, sometimes referred to as a gold-plated pension, is a special style of retirement fund that is based on your final or average salary.

The main difference between this and a defined contribution pension is that a final salary scheme gives you a guaranteed sum annually for the rest of your life when you retire.

To work out the value of your final salary scheme, consider a few factors: 

  1. Your final or average salary at your place of employment (confirm this with your employer)
  2. Your length of service
  3. The final salary scheme’s accrual rate (this is often 1/80th)

Your final salary pension will take each factor into account, and the resulting figure will be the guaranteed annual sum you are entitled to.

For instance, if you worked somewhere for ten years, and leave on a salary of £100,000, with an accrual rate of 1/80th, you will have a guaranteed retired annual income of £12,500.

It is possible to undertake a final salary pension transfer. Depending upon how long you expect to enjoy retirement, this could be a favourable choice. However, it’s important to consult a financial advisor to make your final salary pension transfer values work harder.

What are the benefits of transferring a final salary pension?

Assessing your final salary pension transfer value, you might consider it worthwhile to withdraw. We’ve outlined the main benefits of taking your final salary pension:

Receive the cash value of your final salary pension

Withdrawing from a final salary scheme allows you to receive a cash lump sum in return for forfeiting your guaranteed income in retirement. This final salary pension transfer value is the main reason to withdraw from a scheme, as it offers you financial freedom.

Remove ties with your employer

This is an especially important point if you’re concerned that your employer may not exist throughout your full retirement. For most, the pension protection fund (PPF) will cover your pension, but, for especially high earners, there is a PPF ceiling of £41,461 (as of April 2020).

Enjoy a flexible income in your retirement

A final salary scheme entitles you to a guaranteed annual income when you retire, but if you go down the route of transferring your final salary pension you will be able to enjoy a little more flexibility in how you receive your income. Usefully, by withdrawing from your final salary scheme, you can choose to take more out in your younger years.

Choose how you want to invest your pension

A final salary scheme is controlled tightly to accommodate all employees and their interests. When withdrawing from the scheme, however, you can take complete control over how your pension fund is invested.

The considerations you should make before transferring your final salary pension

While there are certainly benefits of going down the route of transferring final salary pension funds into various other pots, it’s important to consider what you’ll be giving up:

  • Entitlement to a fixed annual income for the rest of your life
  • A safe income that doesn’t fluctuate with volatile markets and share prices
  • Spousal and family benefits that come with a final salary scheme

 Example: Should I cash in my final salary pension?

An example is Mrs Dee (not her real name), 4 years ago she asked for her final salary transfer values, which came in at £250,000 – a nice sum, you may think. After reviewing all the facts and figures available, however, I advised Mrs Dee to leave her final salary pension where it was, which she duly did.

Towards the end of last year, because of favourable market conditions, I applied again to see the value of transferring her final salary . This one came in at just under £600,000.

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A state of uncertain uncertainty

A very good friend of mine told me the story that just when you think everything is working well for you, that man with the spade pops out from his hiding place and smacks you right in the face. Now, I’m not talking about what happens in Glasgow when you’re walkifinancial marketsng home from the pub on a Saturday night (and I’m Glaswegian so I’m allowed to joke about things like that); I’m talking about 2016 and what faces each and every one of us this year – uncertainty.  In fact, it could almost be classed as uncertain uncertainty. The key issue for British expats is obviously the UK referendum on 23rd June when the vote will be taken as to whether or not the UK will stay in the European Union.  

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