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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.

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A move from the UK to the Cayman Islands is, by very definition, a bold one. However, for the majority of expats who undertake such a life change, it is not one that they will regret. This is because, if you get your financial advice and wealth management in order, chances are that you will be able to enjoy all the benefits that go with living in one of the world’s true natural paradises.

Dealing with HMRC

Before any would-be Cayman Island resident leaves the UK, he or she should fill out HMRC’s form P85. This ensures that you have the opportunity to get your tax and residency status right and is particularly important if you will continue to have UK tax to pay – for example, if you have a UK-based business, a rental income, or are the director of a company.

Considerations include being listed as a non-resident landlord so that rent can be paid without UK income tax, splitting the tax year into resident and non-resident periods, and addressing the issues around capital gains tax.

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Dutch Tax Exemption Rule Change Hits Expats

Pen and checkboxOpposition to the imminent changes to the Dutch 30% tax reimbursement scheme (see the Blacktower news feed) is growing. Now, VCP, the Dutch white collar workers’ union, has joined the dissenters by calling for, at the very least, a transition period for expat workers who will suffer unwanted changes to their Netherlands wealth management plans as a result of the amendments.

It is easy to see why so many people find the timetable for the ruling so unjust; those affected could see their incomes reduced by around 20% once the ruling comes into force in under six months.

It could also result in unwanted damage to the Dutch economy, with real fears that it could deter expat workers from coming to the Netherlands in the first place.

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