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To believe the surveys, half the world is either
already an expat, or planning to become one. Tens
of millions of people work abroad, or have retired
there, or have property in a foreign country.
Once
upon a time, perhaps in the days of the British
Raj, expatriates had a financially golden life
style in recompense for the perceived horrors
of a foreign posting involving endless travel,
unpleasant insects and unpronounceable but deadly
diseases. Once you had shaken the dust of London
or Paris or Philadelphia from your feet, you could
forget all about tax inspectors and set about
hiring an extensive staff of punkah-wallahs and
major-domos to run your immense colonial villa
while you drank gin and tonic on the verandah
(against malaria, of course).
After
your 30 years in the sunshine, with wrinkled skin
and full pockets, you could retire to a small
country house in the Home Counties, New England
or Normandy, to swap travellers' tales with your
neighbours.
The
reality nowadays is both more mundane and more
challenging. Over-crowded airports, intrusive
tax inspectors, the Internet and hyper-active
investment advisers are just some of the features
that are combining to form a new and very different
landscape for expats.
But at least today's expat is not short of advice
from the banks which offer international financial
services.
In 2008, HSBC Bank International carried out an ambitious project to
examine the integration challenges faced by expats relocating to a new
country by looking at the cultural and social differences experienced.
The report shows that Germany, Canada and Spain are perceived to be the
easiest countries to settle in.
Martin
Spurling, Chief Executive Officer for HSBC Bank
International and Head of HSBC Global Offshore,
said: “We commissioned this independent
survey to take a look into the lives and experiences
of our customers who live across the globe and
the transitional challenges they encounter from
country to country.”
He said that the report "focuses on something that is incredibly
important to all expats – their ability to fit in to their new home.
This is often the aspect that is most daunting, with many concerned about
whether or not they will be able to make friends or feel like they belong
in their adopted country. Through this survey we have been provided with
a fascinating insight into our customers’ lives which will help
us also to best adapt to their offshore finance needs.”
Expats
were asked to rate their host country in four
areas: whether they made friends with people from
the local population; if they joined a local community
group, such as a religious or sports group; whether
or not they learned the local language; and if
they bought property in their host country.
Among
the most difficult countries in which to integrate
were Australia, the United Arab Emirates and China.
Australia ranked poorly on the number of expats
who joined community groups; expats in the UAE
found it difficult to make friends; and China
scored relatively low for the number of expats
who bought property.
According
to the survey, Canada is the most welcoming country
to expats, with almost all (95%) of respondents
claiming that they found it easy to make friends
with the locals. This was followed by Germany
(92%) and Australia (91%).
The
United Arab Emirates was revealed to be the hardest
country in which to make friends with the local
population, with only half of expats living there
(54% - the lowest score in the survey) advising
that they found it easy to make local friends.
Singapore also ranked lower, with 68% of respondents
indicating that they found it possible to make
local friends.
HSBC's
survey found that almost half (45%) of all respondents
said that they had joined a local community group
as expatriates. Expats living in Germany were
most likely to join a community group (65% of
respondents), followed by around half of expats
living in Hong Kong (53%), Singapore (50%), Canada
(50%) and the US (50%).
Australia,
despite scoring highly for making friends with
local people, came last in the category, with
just 38% of expats saying that they had joined
one of these groups.
Expats
living in Europe were most likely to learn the
local language, the survey revealed. Germany came
top in this category with three-quarters of expats
learning the German language, followed by expats
in Spain (70%) and Belgium (70%) who were also
likely to adopt the language of their country
of residence. Conversely, only one-fifth of expats
in Singapore and Hong Kong (20%) learned the language
of their new homeland.
France
came out as a property hotspot, ranking highest
in the category of expats buying property, with
almost two-thirds (64%) of respondents stating
that they had purchased a property in the country.
Expats in Asia are the least likely to buy a home
with India (6%), China (12%) and Singapore (24%)
ranking lowest for purchasing a property.
There
are multiple reasons why a person may choose to
expatriate, but for the British at least, better
weather is the top reason, according to the latest
poll conducted by Alliance & Leicester International
(ALIL), an offshore savings bank.
Well
over half (57%) of the respondents to ALIL's survey
cited the UK's bad weather as the main reason
why they prefer to remain abroad, while 56% considered
that their adopted home offered a better quality
of life than Britain, and 53% of expats said that
they have a higher standard of living.
Completing
the top ten reasons why expats rate their new
home over the UK are: safer/lower crime rate (49%);
slower pace of life (36%); higher income (30%);
better food (28%); the expat lifestyle (27%);
mixing with the local people (26%); and a more
social society (19%).
However,
there are some downsides to moving abroad. Over
half (51%) of expats miss their family and one
in five (21%) struggle with language barriers.
Almost one in ten (9%) admit to missing British
food. Unsurprisingly, only 4% claim to miss the
UK’s weather.
Expats
who have moved abroad to run a business, as well
as those who emigrated for family reasons also
rated weather as their number one ‘pull’
for living abroad (70% and 60% respectively).
50% of those who moved overseas for business purposes
rated standard of living and safety as joint second
favourites, and 45% placed the slower pace of
life in their new country at third.
After
weather, people who emigrated for family reasons
felt that the better quality of life and feeling
safer in their new country were important - rating
them in second and third place (45% and 40% respectively).
Simon
Ripton, Joint Managing Director of Alliance and
Leicester International comments: “The survey
findings show that many Brits have moved abroad
in an attempt to escape the UK’s dismal
weather. Other factors that have emerged as being
important to expats are improved quality of life
and a better standard of living. However, although
countries like Australia can offer good weather
in abundance, the poll revealed that many Brits
claim the worst thing about living abroad is missing
friends and family – which just goes to
show that there are some home comforts that can’t
be found abroad."
Perhaps
it's the Internet which has made the biggest difference
to the lives of expats in recent times. According
to another recent study by ALIL, 83% of expats
regularly shop online, 63% use the Internet daily
to keep in touch with friends and family, 47%
check their bank balance online at least once
a week, and almost two thirds (63%) using the
internet daily to email loved ones.
Indeed
the worldwide web has revolutionised expats' everyday
lives with 70% now logging on daily and over one
in four switching on every hour. The vast majority
of expats now have broadband access with almost
half of those surveyed owning webcams and one
in three opting for cheaper international calls
via VOIP (Voice Over Internet Protocol) technology.
Simon
Hull, Managing Director of Alliance & Leicester
International comments: "Our research shows
that the internet has revolutionised the lives
of expats, enabling them to go about their daily
lives at the click of a button, any time of the
day - helping them to stay in touch, do their
shopping and manage their finances. Whether it's
making purchases, or transferring money from accounts
it's even more important that expats take the
same precautions with their safety online as they
do offline.
Optimizing
Tax
Expatriates
- whether working or retired - may still regard
their status as an escape from over-crowded, cold,
northern cities, but no longer does the tax inspector
forget about them when they leave. Americans have
it worse than anyone else, because they continue
to be taxed as if they are resident, with a few
minor concessions; but everyone else has to think
about their residential situation and taxation
of current income both while they are overseas
and afterwards. Then there is inheritance tax
to worry about; and the major problem of how to
amass retirement savings that will not be pounced
on by one tax authority or another.
Still,
it is not all bad news. There are many countries
in which expatriates receive complete or partial
exemption from local taxation (some of them even
with nice climates); and for most nationals it
is possible to find sophisticated investment structures
which do a good job of preserving wealth during
and after expatriation.
If you are expecting to become or remain an expatriate in 2010, the time
to consider your financial and tax situation is now. Don't leave it until
you have made the move!
For
most expats, offshore banking and investment offers
opportunities for greater tax efficiency, confidentiality,
and the ability to take advantage of an international
investing perspective, free of the petty restrictions
that often apply in high-tax countries. Continuing
globalisation, and the increased use of electronic
banking mean that for you as an expatriate, a
multitude of opportunities have opened up which
would not have been available a few years ago.
These
freedoms do of course depend on your residential
status and the tax rules in your home country.
For many expats a period of non-residence can
be just what the bank manager ordered; but for
some nationalities, US citizens for instance,
mere expatriation isn't enough to escape home
taxes.
In this special feature, we will be looking at the different types of
offshore investment suitable for expatriates and the business of choosing
a place to live - for those that have a choice! But first, a warning:
many high-tax countries have been tightening up on residence rules and
most definitely have taken a far closer interest in offshore investment
structures during the last few years.
The UK Cracks Down On Residence Rules . . . .
For
Brits, for instance, a decision in 2007 by a tax
disputes panel has sent an ominous signal of the
UK authorities' intent to crack down on Britons
who are resident abroad for tax purposes. The
ruling by the Special Commissioners caught many
tax experts by surprise, by upholding an interpretation
of tax residency rules by HM Revenue & Customs
which runs counter to the tax department's own
guidelines.
The
case in question involved businessman Robert Gaines-Cooper,
a British-born multi-millionaire businessman based
in the Seychelles, who has claimed not to be resident
in the UK for tax purposes. Under UK tax law,
a person is treated as non-resident for tax purposes
provided that they spend no more than 90 days
in the country. This allows wealthy business owners
to live in low-tax jurisdictions such as Monaco
and Switzerland but jet into the UK for one day
per week to do business. But the Special Commissioners
ruled that days of arrival and departure were
to be counted towards the 90-day allowance. The
Court of Appeal upheld the Panel's decision inn
October, 2008, leaving Gaines-Cooper to face a
multimillion-pound tax bill. The
judge dismissed the appeal as “nothing more
than an illegitimate attempt to reargue the facts”.
Partly
in response to the Gaines-Cooper case, the UK's
Chancellor of the Exchequer has tightened the
rules for maintaining non-residence: from 6th
April 2008 onwards days of arrival and departure
are counted in applying the 90-day test. The only
exception is in relation to transit passengers
who remain in the part of an airport inaccessible
to members of the public.
The Treasury is also tightening up on many aspects of the 'non-dom' status
which has been enjoyed for many years by residents of the UK who are not
domiciled there, and is attempting to drag non-doms' offshore assets into
the UK taxation net if they spend more than six years in residence. Although
there has been a storm of complaint about the new rules, there is no sign
that the Treasury is going to back down.
According to a KPMG study, one in four resident but non-domiciled taxpayers
in the UK who responded to a 2009 poll regarding changes to the tax regime
last year have made the decision to leave the country as a result of the
new rules.
Carolyn Steppler, Associate Partner in KPMG’s private client advisory
team, said: “We knew that the non-doms were unhappy about the tax
changes but we had not appreciated the extent to which they seem to be
prepared to vote with their feet on this issue.”
Non-doms represent a relatively small section of the UK tax-paying population.
But KPMG's survey suggests that if the 24% of respondents in the survey
sample do quit the UK in the next two years do actually leave, the UK
could lose out on accessing up to GBP90m in net assets. And if the additional
24% in the sample who have said they will see if the rules are reversed
in the medium term were to follow suit in due course, this figure could
triple.
Traditionally, those resident but not domiciled in the UK pay full tax
on their UK earnings, but only pay tax on their foreign income if it is
remitted back to the UK (the so-called 'remittance basis' of taxation).
But changes introduced in last year's Finance Act have brought in a GBP30,000
(USD42,000) additional annual charge for the privilege of retaining non-dom
status. Taxpayers have to pay this charge along with any other tax resulting
from income declared on their annual tax return, but only if they have
been resident in the UK for seven out of the last ten tax years. Non-doms
can forgo this charge if their overseas income amounts to less than GBP1,000
per year, or if they opt out of the residence basis of taxation and allow
their worldwide income to become taxable in the UK.
. . . . And The US Isn't Any Kinder
US
expats also took a blow last year because of the
Tax Increase Prevention and Reconciliation Act
(TIPRA), signed by President Bush in May 2006.
Although this Act increased the amount that can
be earned by non-residents free from US taxes
to $82,400 from the previous level of $80,000,
income earned by expats above this threshold is
now typically subject to higher tax rates. Furthermore,
high housing costs, much of which previously could
be excluded from the computation of US tax, are
now treated as a taxable benefit and taxed often
at 30% to 35%, making many individuals worse off,
or leaving the employer to pick up the extra bill.
The legislation was retroactive to January 1,
2006.
According
to a survey conducted by the American Chamber
of Commerce in Singapore, a substantial number
of US expats living in Singapore considered returning
home as a result of these changes. The survey
polled 585 members, and received 144 responses.
It found that almost 40% were thinking about returning
home to avoid being hit by increased tax. Half
of the sample also believed that the tax changes
would prompt employers to hire less US workers
abroad.
“These
tax changes are disastrous for Americans abroad
and for American business. No other developed
country imposes such onerous taxation on the earnings
of its workers abroad and our members are seriously
concerned about the financial impact on them and
whether it is worth remaining overseas selling
American goods and services," stated AmCham Executive
Director, Nicholas de Boursac.
AmCham
says that the financial impact will be felt most
by those American expatriates who are not tax-equalized
and whose employers do not absorb the additional
tax impost. 66% of those surveyed are not tax-equalized,
and of this group, 30% expect a tax increase of
between US$5,000-15,000, while a third expect
increases of more than US$15,000.
AmCham
warned that even those US expats who are not directly
financially impacted by the changes will still
be affected because companies will hire less expensive
employees.
“Basically,
employers will hire Australians, Canadians or
Europeans who do not cost as much as Americans,”
noted de Boursac.
"As well as being inequitable to Americans abroad, these tax changes
are just bad policy. By making Americans more expensive to hire, it will
mean fewer Americans working abroad. This will be bad for US exports and
US businesses, ultimately reducing US global competitiveness," he warned.
Where Are The Best Expat Locations?
According
to a survey of expatriate hot spots by Mercer,
the global consulting firm, the United Arab Emirates
(UAE), Russia and Hong Kong are amongst the world's
most benign personal tax environments while Belgium,
Denmark and Hungary are the least attractive,
The data also shows that, in general, married
employees are better off than single employees,
while married employees with two children fare
the best.
Mercer's Worldwide Individual Tax Comparator Report analyses the tax
and benefits systems across 32 countries, focusing on personal tax structures,
average salaries and marital status. This data is used by multinational
companies to structure pay packages for their expatriate and local market
employees.
For
single managers, the UAE is the most attractive
tax environment according to percentage of net
income available. The UAE ranks highly, as it
does not assess any income tax, and the country's
social security contributions amount to only 5%
of an employee’s gross salary. Russia, ranked
number 2, applies a flat tax of 13% across all
income levels, while Hong Kong was placed 3rd,
with taxes and social security contributions at
14.2% of gross base salary.
Excluding
Russia, in general, European countries have less
attractive tax environments and dominate the bottom
of the rankings. The UK ranks joint 14th, followed
by Ireland (18), Spain (19), and Switzerland (21).
France and Germany are ranked 22 and 29 respectively.
At
the bottom of the rankings, single managers in
Hungary (30), Denmark (31) and Belgium (32) pay,
respectively, 48.5%, 48.6% and 50.5% of their
gross income in taxes and social security contributions.
Brian
Waite, a senior consultant specialising in international
issues, commented: "Local taxation is one
of several factors that multinationals take account
of when deploying staff across the globe. It has
an obvious impact on take-home pay, and in some
countries with low or zero tax rates it is an
important incentive for employees to work abroad.
In other high-tax destinations, multinationals
need to create compensation packages that at least
match their expatriates' purchasing power in the
home country."
"Other
important considerations for expatriate allowances
are housing, private schooling and local cost
of living adjustments, and there are additional
complications around contributions to the home
country pension plan. These factors can all contribute
to the high cost of a global expatriate workforce."
Markus
Wiesner, Mercer's head of operations in Dubai,
added: "We often find that the UAE's zero
taxation is a strong draw for expatriates on short-term
assignments. For three to five years, young professionals
can fast-track their savings to afford a mortgage
when they return home, while senior executives
can maximise their savings potential ahead of
retirement. It's in these particular groups that
we get a really good mix of expatriate talent
in Dubai."
Asian
markets dominate the top end of the rankings with
Hong Kong, Taiwan, Singapore, South Korea and
China (Beijing) ranked 3, 4, 5, 6 and 7. The lowest
ranked Asian market is India at 14 (sharing this
position with the UK, Australia, and the United
States). In the Americas, Mexico (8), Brazil (9)
and Argentina (10) outrank the United States (14)
and Canada (20).
According
to Niklaus Kobel, researcher at Mercer's Geneva
office: "Marital status is still a major
factor in determining local tax rates. The data
highlights the fluctuation in tax rates applied
according to an employee's income level and marital
status. It is important to note that high tax
rates do not necessarily mean less affluence."
Not
all taxation systems vary according to marital
status, however. Married employees in Brazil,
India and Turkey have similar tax rates to single
employees.
Offshore Banking
In
most offshore jurisdictions, interest earned on
bank deposits is free of tax for non-residents.
Also of great importance from an expat point of
view is the convenience factor associated with
offshore, for example the ability to receive and
deposit funds remitted from your home country,
or income earned from working overseas (for example
fees, salary and expenses), in sterling, US dollars,
or any one of a number of hard currencies.
Many
offshore banks offer a range of services and options,
including:
- Instant
access accounts with credit card facilities;
- Fixed term deposit accounts, with the interest rates tiered according
to the length of the term, and the size of the deposit, although usually
levelling off at around the USD100,000 mark;
- Conventional
variable-interest deposit accounts, which may
offer higher rates than fixed-term accounts.
Setting
up an offshore bank account or investment portfolio
should prove to be no problem once you have decided
on the location and type of account. There is
generally a minimum amount for offshore deposit
accounts, and due to recent legislation designed
to prevent money laundering, identification is
usually required, despite the claims of some shady
service providers to offer 'fully anonymous' offshore
banking. Once the account has been established,
and if you are depositing a significant sum, a
relationship manager will usually be assigned
to advise and assist you in the management of
your assets.
You will almost certainly need to open a bank
account in your country of residence for day to
day transactions. If you are spending most of
your time there, you will probably have to pay
taxes on income paid locally, so it will often
be best to have as much as possible of your income
paid directly into your offshore account in hard
currency. This incidentally protects you against
any large fluctuations in the value of the local
currency.
However,
a recent fly to have taken up residence in the
offshore banking ointment is the EU's Savings
Tax Directive.
The
European Union Savings Tax Directive (STD), which
went into effect on 1st July, 2005, in fact forms
merely one part of a major tax reform package
launched by the European Commission in 1997. As
originally drafted, the STD aimed at a uniform
'information exchange' regime to apply across
the Union, with all countries agreeing to report
interest on savings paid to the citizens of other
Member States to those States' tax authorities.
Because of resistance from EU Member States with strong traditions of
banking secrecy, the Commission had to allow Austria, Luxembourg and Belgium
to apply a withholding tax (at 15%) until 2009, since when they have been
applying the information-sharing model. Many of the UK's offshore financial
centres have been forced to join the STD, along with the Netherlands Antilles,
Aruba and some European centres (Andorra, Monaco, Liechtenstein and San
Marino). Most of these places took the withholding tax route, as did Switzerland,
which was the hardest nut for the EU to crack; those countries which apply
the withholding tax raised it to 20% in 2008, and it will rise to 35%
in 2011.
The
STD applies to many types of return on savings
instruments, all loosely described as interest,
when received by individuals, but does not affect
interest paid to companies. Under the information
exchange system, the identity of recipients will
be known to their home tax authorities; when tax
is withheld, the identity of the recipient will
not be reported, thus preserving confidentiality.
Returns from the STD regime, which has now been in place for nearly six
years, are way below what had been hoped for in Brussels, reflecting no
doubt evasive action taken by savers to remove their deposits from banks
in countries which are applying the regime. Other low-tax countries outside
the scope of the STD have seen quite large inflows of cash, for the same
reason. It is essential to consider the effects of the Directive if you
have or are planning to have assets in the countries affected.
Although
the Commission's attempts to broaden the scope
of the tax to include jurisdictions like Hong
Kong have been firmly rejected so far, it certainly
hasn't given up. In the case of Hong Kong, signing
up to the savings tax directive could mean altering
the Basic Law which safeguards the future of its
financial centre under Chinese rule. Singapore
on the other hand, is known to be staunchly opposed
to the idea of sharing bank account information
with the EU, and has rejected European overtures
to include information exchange provisions within
a broader economic agreement.
In
2008, a Commission Review Group which had been
working away for three years recommended a major
extension of the Directive in the EU itself to
close loopholes which have permitted many investors
to escape the tax until now, for example by moving
assets from bank accounts to vehicles such as
companies and trusts - which weren't included
in the legislation - or by shifting money to accounts
based in territories out of the reach of the directive's
information sharing provisions.
The European Parliament Economic and Monetary
Affairs Committee is currently considering the
Commission's report. Rapporteur Benoit Hamon,
a member of the Party of European Socialists from
France, makes proposals for some significant changes
to plans already outlined by the European Commission.
His report proposes to end the transitional period
with a finite date, rather than by reference to
the behaviour of third countries. Under this proposal,
the transition period would end three years from
the levying of the withholding tax at a rate of
35%, i.e. in 2014.
The
Rapporteur proposes to replace the definitions
proposed by the Commission, which typically name
a country and then set out the type of entity
and legal arrangements which would be brought
within the Directive, with a list of legal structures
and then a list of the countries concerned.
"This
could very dramatically expand the number of legal
entities caught by the Directive," observed
Graham Mather President of the European Policy
Forum. He continued:
"In
Switzerland’s case, for example, the Commission
proposal mentioned two categories of legal entity,
the Trust and the Foundation. Under the new proposal
this would be replaced by a list of twenty-four
bodies ranging from limited liability companies
through international banks, insurance and reinsurance
companies, joint-ventures, settlements, funds
of all forms etc etc."
"The
Parliament Rapporteur says that the legal entities
can be brought back out of the Directive if the
country of jurisdiction makes an application to
the Commission to have them removed on the grounds
that they could not have their place of effective
management located in the jurisdiction concerned
or on the ground that 'appropriate taxation of
interest income paid to these legal persons or
arrangements is in fact ensured.'"
"The
Rapporteur says his proposal is designed to reduce
the possible loopholes in the Directive but what
it would do if carried into law would be to expand
the scope of the Directive enormously and create
a massive traffic of applications by third countries
to seek exemption from the Commission."
"Other
changes would expand the categories of paying
agents caught by the Directive and provide for
its review from time to time to focus in particular
on “the appropriateness of extending the
scope to all sources of financial income, including
dividends and capital gains, as well as to payments
made to all legal persons. This, the Rapporteur
says, is in order to 'deal with any potential
large scale circumvention of the Directive in
the future.'"
However
Mather points out that the amendments proposed
in this draft report have to pass several hurdles.
First, they will have to go through the Economic
and Monetary Affairs Committee itself and a plenary
vote in the Parliament. Mather says that it is
too early to anticipate the Committee’s
likely response and the amendments to the draft
report which can be tabled by members of the Committee.
Secondly,
the amendments will have to go through negotiation
with the Commission, which will be aware that
a number of member states especially Austria,
Belgium and Luxembourg will be uncomfortable with
the dramatic expansion proposed at this stage.
The
final decision will be made by the Council of
Ministers.
"If one were forced to attempt a prediction at today’s date
it would be that the European Parliament will pass something broadly along
these lines; that the Commission will be uneasy about these but not in
a strong position to resist against Franco-German support for them; and
that the outcome in the Council will depend to a significant degree on
the degree of opposition mobilised in Austria, Belgium and Luxembourg
and by third countries," concludes Mather. The outcome should become
known sometime in 2010.
Offshore Investment
Offshore
banking is, of course, not the only option available
to you; depending on your situation, financial
status, and degree of openness to risk, there
are a variety of offshore investment options open
to you as well. Funds are the most straightforward
and readily available option. These range in risk
from low yielding bond funds to highly-geared
hedge funds, so there is something for everyone.
Fund
investment is especially suitable for the busy
expat, because you can choose to invest in a certain
class of assets without having to examine the
characteristics of individual assets in detail.
The tax efficiency of offshore funds often means
that they have higher yields than equivalent onshore
funds, so it may pay you to transfer existing
onshore assets into offshore funds, although you
have to be careful about the costs of transfer,
and especially capital gains tax. You also have
to consider what may happen when, and if, you
go back.
As
is the case onshore, there are two different types
of investment fund available:
- Private funds. Suitable for those expats with a longer term investment
horizon, and more capital (usually not less than USD1,000,000, although
individual investments may be as little as USD50,000). These are usually
closed-end funds, involving up to 50 investors, and often generate greater
returns than public funds. Quite often they would use a structure known
as a Limited Partnership which allows residents of higher-taxed countries
(eg the US) to repatriate profits to offset against losses or expenses
at home. This might be a suitable structure depending on your long-term
plans.
-
Public funds. These are usually open-ended,
i.e. you can sell out at any time, which gives
investors more flexibility. More and more public
funds are based in offshore jurisdictions even
though their investment targets may be in high-tax
areas. If they have invested in capital assets
(eg capital growth funds or real estate) then
gains will be tax-free. As is the case onshore,
there is a wide range of portfolio management
tools available from offshore fund management
groups.
Offshore
equity investment is another rapidly developing
investment sector, which may also be of interest
to you as an expatriate. Equity investment used
to mean investing in securities listed on your
local stock exchange to the exclusion of foreign
stocks, but of recent years, all this has changed.
There is a growing number of stocks that are listed
offshore - dividends and capital gains will of
course be tax-free and they can be bought through
local brokerages. As long as you have a satisfactory
non-resident tax situation, you can also buy onshore
equities without risking capital gains tax, but
you will find that dividends have usually been
subject to withholding tax, which you may not
be able to reclaim.
This
is an area in which the Internet has opened up
new possibilities for investors, as online brokerages
and some investment sites and exchanges allow
you to manage your portfolio quickly and easily
wherever you are in the world. The physical barriers
to international investing of a few years ago
simply do not exist for today's expatriate investors.
Expatriate investment is therefore not limited
to funds and equities, but can also include other
types of onshore investment activity such as derivatives
trading (futures and options), and their cousins
spread-betting and contracts for differences.
But it must be said that risk doesn't diminish
with distance: arguably, if you are away from
a particular market-place, with even the best
on-line information sources you are somehow missing
knowledge you might have had if you were present.
These more exotic types of investment are not
for the faint-hearted!
Pensions Investment
Whilst
you are thinking about offshore investment, it
may be worth giving some thought to your pension.
Although pensions investment is usually tax-privileged
in high-tax countries, as an expat, you face additional
problems, namely that while non-resident, you
will probably not be able to continue taking advantage
of the tax incentives 'at home', even if you want
to retire there.
Pensions
investment is a tricky area for expatriates, and
more than ever you will need to consult with an
independent professional. However, you can consider
your basic options prior to doing so, and these
will depend greatly on the circumstances surrounding
your expatriation.
If
you are employed by a company in your home country
(and are part of an in-house pension scheme),
and you are moving abroad to work for that same
company, then in some countries you may be able
to continue contributing to that plan; in the
UK for instance you can continue to contribute
for a maximum of 10 years.
If
you are moving abroad to work for a company with
no ties to your home country, then you may be
allowed to join their local pension scheme. Only
in a few cases will you be able to transfer the
pension rights back to your country of residence
when you return, unless you continue to work for
the same company; and usually the terms of transfer
are highly unattractive.
If
you have been contributing to a personal pension
scheme, however, the news is usually worse, as
in certain countries, for example the UK, you
are only allowed to contribute to your pension
plan for as long as you are taxable there.
The right decision will obviously depend on your personal circumstances.
If however you are going abroad for an extended period, and especially
if there is a good chance that you will retire to some other part of the
world, there may be an argument for transferring your home pension assets
offshore straightaway, even though that may (probably will) entail a tax
penalty if your contributions have been tax-privileged. On the other hand,
the tax penalty of transfer taken together with the exit penalty from
your scheme may combine to make a transfer very costly. If you are lucky,
you may find that your pensions provider has an offshore branch, and you
may be able to induce them to make the transfer on favourable terms in
order to keep your business.
Some countries, including the UK, will only allow the transfer of an
existing tax-privileged pension fund to another country if it applies
similar rules, ie restricting investment options and limiting cash-outs
to 25% of the fund. To some extent the QROPS mechanism (Qualified Recognized
Offshore Pension Schemes) permits bona-fide long-term non-residents to
bypass the restrictions, but you need highly qualified professional advice
before undertaking this route.
Whatever
you decide to do about your existing pensions
arrangements, once you have established non-residence
(and non-tax-paying) in your home country, you
will have many options open to you to make retirement
provision offshore, in order to take advantage
of the peace of mind of knowing that your assets
are secure however your circumstances change,
and the greater flexibility over retirement date,
payments, etc, which could be so important to
you as an expat.
These
options can't be examined in this brief primer;
however, there are two broad categories of pensions
provision to choose between:
-
Designated pension or retirement schemes. There
are many of these available now, and they usually
accept payment in a wider range of currencies,
and generally require less maintenance on your
part. However, they do require a longer term
commitment (not ideal if your personal circumstances
are uncertain), and the penalties for early
withdrawal can be punitive. Although they may
appear to offer less generous rates of return
than on-shore schemes, remember that this is
because they don't assume tax relief on contributions.
Instead, you will receive the benefits tax-free
if you remain offshore.
- The
DIY approach. You can opt for a more diverse
portfolio made up of different types of investment.
This is obviously less of a safe bet, but it
does mean that you can retain greater control
over your assets, and there are no penalties
should you need to withdraw for any reason.
Offshore
companies
If
you are going to work in a country which wants
to tax your world-wide income, or are going to
return to your home country to a world-wide taxation
regime, then you may want to consider establishing
an offshore company.
This
is another complex area in which professional
help is needed, but the interpolation of a company
can sometimes distance you from your income sufficiently
to avoid taxation. In some countries there are
plenty of rules to prevent this; but not in all,
by any means.
The
following may be of especial interest if you are
providing a personal service (for example in the
finance or engineering industry), or if you have
a substantial investment portfolio.
- Holding
Company. This can be used to hold investment
portfolios, and is useful in providing enhanced
privacy. It can be particularly useful in some
offshore jurisdictions if you want to become
locally resident, and need not to receive income
yourself, although you may have a problem with
ownership restrictions on residents. (This leads
people to set up strings of holding companies
in different jurisdictions). If the income of
a holding company is used to make further investments,
it may be that you won't be taxed on it even
when you return to a high-tax domicile.
-
Personal Service Company. If you are engaged
in providing a personal or professional service,
you may be able to achieve considerable tax
savings, as you can contract to supply the service
regardless of residence, and the fees earned
can accumulate offshore while you work for a
low salary in the country where you are taxed.
It only works in some countries, and you may
have to do something more complicated than just
owning the company yourself, if it is not to
be 'looked through' by the taxman.
There are, of course, many other types of offshore company that can be
formed to deal with the needs of large corporations, or expats with very
specific needs, eg globetrotting entertainers or sportsmen.
Offshore Trusts
An
offshore trust can be set up by an expat to serve
the same basic purposes as an offshore company,
namely confidentiality, tax minimisation, asset
protection, and estate planning.
The
principal difference between the two structures
is that with an offshore company, ownership is
maintained, whereas with an offshore trust, ownership
is transferred. This has the effect of creating
more distance between you and your wealth, so
that it's harder for creditors, the taxman or
your ex-spouse to get at it!
Trusts
used to be primarily aimed at tax avoidance, but
in recent years the tax authorities in many high-tax
countries have passed 'anti-avoidance' legislation
that lets them attack trust assets while you are
alive, although they are still effective against
inheritance taxes. Trust assets won't be taken
into account during the probate process, so that
the death of the settlor does not affect the administration
of the trust, which still remains under the custodianship
of the trustees. This also allows a settlor to
maintain confidentiality over the size of the
estate, and avoid the delays and possible publicity
which would come as the result of a lengthy probate
procedure, not to mention the saving on inheritance
tax.
Trust
assets will remain in the trust for as long as
the original Trust Deed prescribed (in perpetuity,
if necessary, or for lesser periods), or until
the terms of the trust permit or require the Trustees
to distribute them.
Another
area in which the use of trusts is growing is
asset protection, so if you have a fairly substantial
liquid net worth that you would like to protect,
before, during, and after your expatriation, an
offshore trust may be the way to go.
- A
basic trust structure consists of three entities;
the settlor, who sets up the trust, the trustee,
who acts as custodian, and the beneficiary/ies,
who can receive income from it.
Trusts
originated in England, and most of the ex-British
offshore islands have trust legislation. Civil
law countries on the other hand tend not to have
trust laws, although some of them have copied
the concept of a trust in order to compete effectively.
Choosing Your Jurisdiction
There
are several factors to consider when choosing
an offshore jurisdiction from which to bank, invest,
or trade as an expatriate. The following are areas
that you will need to look at in order to make
a considered and profitable decision:
- Political
and economic stablity. This is a basic, but
important concern.
-
Legislature. The situation with regard to banking
secrecy, for example, is undergoing changes
at present, and it is worth keeping abreast
of any issues which may impact on your investment,
before, during, and after expatriation.
-
Professional infrastructure. This will need
to be up to a good standard, in order for you
to receive the support and services that you
require, so you will need to check the banking,
professional and advisory services available,
whether the jurisdiction is well equipped to
deal with the particular offshore structure
that you wish to set up, and the general standard
of the business infrastructure in the jurisdiction.
For a comprehensive guide to the relative strengths
and weaknesses of jurisdictions, and contact
details for service providers in each, please
click
here to visit the Lowtax jurisdictions guide.
-
Communications network. This is an obvious concern,
but needs addressing. As an expat, you will
presumably not be resident in the offshore jurisdiction
itself, and may be moving around on a regular
basis. You therefore need to check that effective
communication between yourself and your advisor,
bank, or custodian will always be possible (and
preferably that you all speak the same language
with at least a reasonable degree of proficiency!)
-
Geographical location. This needs looking at
carefully, as it is of especial concern to expatriates.
Assuming that your expatriation is of fixed
duration, you do not want to have to move your
money from jurisdiction to jurisdiction as you
move around, or repatriate. The idea of investing
it offshore is that it is safe, and easily accessible
from anywhere in the world, in keeping with
your global lifestyle. It is therefore important
that you consider the time zone in which your
offshore structure is based. For example, an
expatriate based in Australia would find a relationship
with a Hong Kong bank very easy to maintain,
but an offshore structure established in Jersey
or Ireland virtually inaccessible, during normal
business hours at least. Online banking makes
this a little less of a concern, but it still
needs to be looked at.
As
you can see, even from this basic guide, the offshore
options for you as an expatriate are many and
varied, and there is something for any situation
and pocket. However, it is always advisable to
seek one-to-one financial advice before making
a decision about the type of investment that is
right for you.
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