News & Insights

Here in Spain, I hear no end of horror stories regarding the country's financial institutions and laws. Unfortunately, I too have been on the receiving end of unscrupulous and downright unfair treatment, but last week a client of mine of over four years called me in distress. For the avoidance of doubt, this is a true story.

My client is 86 years old and, sadly, her husband died eight months ago. Over four years ago she followed our recommendation of investing in a purpose-built Spanish portfolio bond with both her husband and her as lives assured. This meant that should either partner die before the other, the bond would continue as if nothing had happened, thereby not triggering a Spanish Inheritance Tax calculation. In Spain unlike the UK, there is Inheritance Tax between spouses, however, because this particular bond is held outside Spain it avoids inheritance tax. This is a tool that we often use for clients in Spain.

When I first meet a client it takes time for us to get to know each other, and every single person is different with different needs. However, at the root of those needs is usually the desire to find out how best to keep all those hard earned savings, investments and pensions as tax efficient as possible.

Once you have left the UK and become resident in France, the ISAs and other tax efficient savings you may hold in the UK are no longer tax-free and you need to give careful consideration about how you deal with this.  With the new Common Reporting Standards that were introduced recently we can no longer bury our heads in the sand and think that the French taxman will not know about the assets you have left in the UK and will not look to tax you accordingly.

The Conservative Party has used its annual conference in Birmingham as an opportunity to reassure British citizens living in the EU of the future of their expat pensions.

Speaking at the event Ester McVey, the Secretary of state for the Department for Work & Pensions (DWP) said, "We will ensure that people with UK pensions that have moved to the EU will have their pensions protected.

"We will provide a triple lock on people with UK pensions living in the European Union. We are delivering a private pension revolution, with more people than ever contributing to their pensions."

Here, we look at some dos and don'ts for anyone planning a move to Spain:

Living as an expat in Spain, or indeed in any other country, brings particular and sometimes very complex wealth management requirements because managing personal finances across multiple jurisdictions is inherently complex and invariably requires specialist advice.

This goes some way to explain why thousands of British expats have recently been caught and penalised for either failing to pay taxes or unlawfully claiming British pension and other social security benefits while living and, in some cases, working abroad.

Cross-border taxation for expats is a notoriously confusing area of wealth management and can seem especially onerous with new data sharing and enforcement rules in place. Unfortunately, not all asset managers are as familiar with tax reporting requirements as they should be. This may seem inconceivable, but wealth management professionals in Spain, across Europe and indeed the globe have an obligation to clients to ensure that they understand and follow all the rules.

Expatriate Brits living in Germany have been advised to look into the possibility of becoming German citizens, as, amongst other things, naturalisation is likely to make the practicalities of Germany wealth management more straightforward.

Expat group British in Germany has said that British people living in the country should act quickly as it will likely be harder to achieve citizenship if the UK leaves the EU on March 29 2019 without a deal. In the event a deal is reached, Brits will have until 31 December 2020 to apply for dual citizenship, according to Germany's foreign ministry.

Effectively, this means that if Brits want to be able to ensure dual citizenship, they must act quickly as a no deal scenario could mean they have to renounce their British citizenship if they wish to become German citizens. The sooner Brits attend the Ausländerbehörde (Foreigners' Registration Office) for advice the better their chances of securing a favourable outcome.

Anyone with Gibraltar wealth management concerns will almost certainly be dipping into the very depths of their patience presently as they await resolution of their status during the protracted and uncertain times of Brexit negotiation.

The British Overseas Territory on the south coast of Spain, affectionately referred to as "the Rock", has long been both an idyllic international outpost and a source of contention between the UK and Spain. This fact has been somewhat compounded by Brexit, with Spain using talks as an opportunity to lay down new demands over the headland's status.

While Spain has agreed that it will not seek to push for full sovereignty over the territory during negotiations, the latest development concerns Spain's desire to have the EU make specific provision for the future status of Gibraltar as part of the Withdrawal Agreement.

British expats in the Netherlands are experiencing a difficult time at the moment. Not only do they have to deal with continued uncertainties over Brexit as well as government plans to overhaul the 30% expat tax break, they are also now having to digest news that the Dutch government is readying itself to publish new legislation regarding dual nationality.

However, early news suggests that developments on this final matter could prove to be rather more encouraging – albeit with a number of qualifications – with initial statements indicating that preparations are being made to reduce some of the restrictions on dual-nationality in the Netherlands.

As it stands, expats who wish to remain in the Netherlands and embrace Dutch citizenship are, in the majority of cases, obliged to renounce their nationality of origin. The choice is stark and onerous: go Dutch or stay as you are. This, of course, will prompt a number of British and Netherlands wealth management considerations and must be considered very carefully.