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Residence or domicile? That is the question

As a rule of thumb, as a Brit living in Spain you will be considered resident if you remain in Spain for 183 days or more in any tax year. On top of this, if you leave Spain to work abroad for more than one year, you must not be back in the UK for more than 91 days, on average, in any 365 day period, during your time abroad. Basically, if you are a Spanish resident, you will need to pay income tax on all of your income, no matter where in the world you earn it. However, a non-resident of Spain is only required to pay tax on any Spanish income.

For many retired Brits living here, your country of domicile is particularly important when considering your liabilities under inheritance tax law. A person’s domicile is usually where you were born, or can be the same domicile as your parents (usually your father’s).  Your domicile can be changed in exceptional circumstances to be the country that you have chosen to make your permanent home, but this involves severing all ties with your domicile country.

Changing your domicile is not an easy thing, however, and can prove to be particularly troublesome. One of the most famous examples of someone falling foul of inheritance tax due to domicile status is that of Richard Burton. Although born in the UK, Burton had lived in the US for 27 years and died in Geneva, where he had taken residence for tax purposes. Upon his death, HMRC pursued a claim for inheritance tax. This may seem unreasonable, as he had not lived in the UK for many years and did not pay UK taxes.

However, under UK law, a person’s domicile is considered to be the place where, although it may not be their home, they have the intention of returning. And this is where Burton’s estate came unstuck. Although he had not lived in the UK for decades, did not have a property there and was buried in Switzerland, during his first marriage to Elizabeth Taylor, Burton had bought burial plots in his home town of Pontrhydyfen in Wales. As such, HMRC successfully argued that he was still domiciled in the UK as he had the intention of returning there, consequently reaping £2.4m in inheritance tax.

Although you may not have the same wealth as Richard Burton, it is nonetheless important to understand the implications your residential status has on your inheritance tax liabilities both here in Spain and in your country of domicile, which for most of us is the UK.

If you want to discuss your financial situation, you can contact us here.

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

Pensions may strengthen for the younger generation

Pound coinsIt’s never too early to start saving for a pension – you’ve no doubt heard that one before, perhaps while searching for pension advice online or in news reports on the financial future of pensioners in this country.

Hopefully, you took note of it and started saving as soon as you possibly could, thinking of your retirement planning long before other milestones such as getting married or having children. Maybe you left it a little later. Either way, solid financial planning, which may involve pension transfer advice from a professional financial adviser, should help you make secure financial decisions.

Young workers today don’t need to have someone to remind them that they should be saving for retirement thanks to auto-enrolment, which is a scheme that makes sure, unless they choose to opt out, all workers pay part of their salary into a private pension scheme. As almost everyone could do with starting their retirement saving as early as possible, auto-enrolment is a great idea, and now it appears that it could be the main factor in the improvement of future pension incomes, settling fears that some young savers may have regarding the prosperity of their long-term future.

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Assurance Vie and Fonds En Euro/Sterling

Simon VerityMany clients have sensibly opted to invest in Assurance Vie (Investment Bonds) type arrangements in France for the huge income tax and inheritance advantages offered though these products for French residents. A large selection of clients have also taken the option of using the Fond en Euros or Sterling funds preferring the guaranteed rates of return offered and the invested capital’s security.

Indeed so used are the Fond en Euros funds within Assurance vie “wrappers” that often clients believe that they are one and the same. The Fond en Euros main principles are that your capital’s value is guaranteed and you are given an annual rate of interest. The assurance vie ensures your funds grow free of French taxation due to the code of law relating to Life Insurance products. This combination has been so used in France and so much money tied up in these arrangements that the Government want to bring in a statute to limit the percentage invested into Fond en Euros per investor portfolio as they see this type of fund as stagnating the French economy and restricting investment into industry via the purchase of “actions” or shares. 

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