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| FAQ FOR OFFSHORE INVESTORS
AND EXPATRIATES |
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- What special tax treatment is given to pensions
investment?
- Governments in high-tax countries apply a variety
of techniques to encourage saving towards retirement:
sometimes, contributions into pension plans are
tax-free; sometimes the investment gains within
pension funds are wholly or partly tax-free; sometimes
the proceeds of pension plans are wholly or partly
tax-free. Nowhere are all three things true simultaneously,
but two are sometimes available.
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- Who can benefit from offshore pensions investment?
- For a resident in a high-tax country receiving
tax breaks on domestic pensions investment, funds
built up offshore are not likely to be able to
do more than match growth in a domestic fund,
and the resulting income or capital gain is sure
to be taxed when it is remitted home, and for
many jurisdictions, even if it isn't.
However, individuals
in many other situations can gain advantage from
offshore pension investment, for instance:
- Expatriate executives,
professionals or entertainers
- Residents in
high-tax countries intending to become non-resident
on or before retirement
- Residents in
low-tax countries
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- What is offshore pensions investment?
- 'Onshore' pensions usually bundle insurable
benefits such as payments on death or disability
together with pension fund contributions as such,
for tax reasons. Offshore, there is no point in
doing this, and pensions investment means simply
building up a secure, tax-efficient fund which
can be distributed when and where you want it
in future. Buying deferred annuities is another
way of achieving a pensions goal - this is obviously
very secure, but the rates of return assumed by
the annuity purchase are unlikely to be attractive
to the average offshore investor. Insurable benefits
can be bought separately wherever they are cheapest.
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- What is an annuity?
- A series of annual (or monthly) payments offered
by an insurance company in exchange for payment
of a capital sum. A deferred annuity commences
on a pre-determined date in the future, but the
rate at which it is purchased is determined at
the beginning of the contract. Therefore, a lump
sum can be applied during a person's working life
to purchase an fixed annuity on retirement, whatever
is the movement in interest rates in the meantime.
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- What are defined-benefit and defined-contribution
plans?
- A defined-benefit pension plan is one in which
the levels of benefit (pension, death benefit
etc) are defined in advance. Usually this type
of plan is not available on an individual basis,
but only through company pension schemes, since
variations in investment performance make it impossible
to predict the behaviour of a fund in advance.
A defined-contribution plan is the normal choice
for individual pensions investment - contributions
are pre-set, but the eventual result will depend
on the behaviour of the underlying investments.
This is the type of product normally offered by
life assurance companies.
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- What is a 401-K plan?
- In the US, pensions legislation allows deferral
of tax on pension contributions through a number
of methods, of which (section) 401-k is the most
widely-used. Employers often set up individual
pension arrangements for their staff under section
401-k. An individual with a 401-k scheme can use
the assets it contains to make approved investments
into mutual funds and other types of asset.
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- What is a Keogh plan?
- In the US, a Keogh plan is a section 401-k plan
(see above) for self-employed people or the owners
of small businesses to make tax-exempt contributions
up to quite generous maxima into pension plans.
Money in the plan can be used to buy certain types
of asset including certificates of deposit, mutual
funds and listed securities. Direct offshore investment
would not be permitted.
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- What is an MRD?
- In the US, a pension fund which has benefited
from tax-deferral must be paid out after a certain
age as an income flow (which is taxable). The
rules for calculating the Minimum Required Distribution
(permitting the rest of the fund to remain tax-exempt)
are complex and depend on the life expectancy
of you and your spouse.
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- Can I transfer my pension plan offshore?
- Complicated question! It depends on where you
live, the type of plan you have, where you plan
to go, when, etc etc. You need specialised professional
advice. There are high-tax countries which permit
part or all of a tax-privileged pension fund,
or the income flow from it, to be transferred
abroad (offshore) in a way which preserves some
tax advantages, but it is not easy.
In many cases the
answer will be yes, but you will pay at least
the basic rate of income tax on the transfer.
Even this may be advantageous depending on your
present and future circumstances. If you are planning
to live offshore, it is well worth looking hard
at the possibilities for transferring your pension
plan.
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