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How to avoid being a property trader for income tax purposes
22/03/2010
How to avoid being a property trader for income tax purposes Given the rise in the top rate of income tax to 50%, it's even more beneficial to avoid being classed as a property trader for tax purposes, and instead be classed as a property investor. The 18% rate of CGT will make it much more tax efficient for most developers. In this article we look at the different factors to take into account to ensure you're a property investor . . . keep reading
Tax planning for partners and the new 50% rate of income tax
19/03/2010
Tax planning for partners and the new 50% rate of income tax As members will no doubt be aware as from April 2010 the top rate of income tax for anyone earning over £150,000 will be 50%. Partners in particular will be keen to reduce the tax burden as they will be taxed personally on the business profits. The new 50% tax rate will therefore hit them particularly hard. In this article we look at some of the main ways that Partnerships could look to reduce income tax. . . . keep reading
How setting up a revocable life interest trust can reduce income tax
17/03/2010
How setting up a revocable life interest trust can reduce income tax As from 6 April there will be a new 'Super' rate of income tax set at 50%. What's not often appreciated though is that this will then represent the main rate of tax for discretionary trusts. In this article we look at how the new tax rate for trusts will apply and how trustees can use a revocable life interest trust to reduce the income tax charge . . . keep reading
Reducing tax on property development by using a trust
15/03/2010
Reducing tax on property development by using a trust One possibility to reduce tax on property development is by using a trust. The general idea would be that you could save the 40% or 50% income tax charge you'd be subject to if you did the development in your own name by using a trust. The trust could be subject to income tax at the basic rate of 20%. There could therefore be a significant tax saving. . . . keep reading
Some thoughts on a possible Statutory Residence Test
12/03/2010
Some thoughts on a possible Statutory Residence Test Given the UK residency rules are, to say the least, currently pretty vague there's speculation that the Government will introduce a Statutory Residency Test. In this article we look at how such a test could be formulated and what impact this would have on prospective emigrants . . . keep reading
Ordinary residence in 2010 following the Tucza decision
10/03/2010
Ordinary residence in 2010 following the Tucza decision Following a request from a member we've looked at the potentially important case of Andreas Tucza, which addresses UK ordinary residence status. Just like the Gaines Cooper and Grace decisions looked at residence status under common law, the Tucza case looks at ordinary residence status following a review of the case law. . . . keep reading
Are companies now at risk of making unlawful dividends?
08/03/2010
Are companies now at risk of making unlawful dividends? Following a request from a member this article looks at whether companies and their shareholders are at risk of making unlawful dividends. In particular where they are not making the same level of profits as in previous years and yet continue to extract regular dividends it's been suggested HMRC could challenge the validity of the dividends for tax purposes . . . keep reading
Saving SDLT on property purchases
05/03/2010
Saving SDLT on property purchases In this article we look at some of the SDLT planning opportunities for property developers. Although the property market is in a slump development will eventually pick up again, and especially in today's economic climate reducing costs is as important as ever. . . . keep reading
How to ensure your termination payment isn't taxed as earnings
03/03/2010
How to ensure your termination payment isn't taxed as earnings In this article we look at when under general law termination receipts can be taxed as earnings and the impact of this. In addition we look at practical issues that could be considered to ensure the receipts are taxed under the special termination provisions . . . keep reading
Advanced tax planning for non doms using offshore trusts to purchase UK property
1/03/2010
Advanced tax planning for non doms using offshore trusts to purchase UK property Here's one option for some advanced tax planning for non doms looking to remit offshore income gains into the UK free of UK tax. It looks at a strategy to purchase property in your own name using offshore funds whilst avoiding UK CGT and IHT . . . keep reading
Detailed example of how the nominated income rules apply for non doms
26/02/2010
Detailed example of how the nominated income rules apply for non doms The nominated income rules which apply to non doms are particularly complex. In this article we look at a more detailed example to illustrate how they will apply, and in particular how future remittances of overseas income or gains would be taxed in the UK. . . . keep reading
What the 2010 Gaines Cooper judgement means for anyone looking to establish non residence.
24/02/2010
What the 2010 Gaines Cooper judgement means for anyone looking to establish non residence. Since the judgement on 16 February there's been a lot of press coverage of its impact- but what has actually changed? In this article we look at the impact of the Court of Appeal decision and what it means for current or prospective non UK residents . . . keep reading
QC's view on how to establish a company as non resident
22/02/2010
QC's view on how to establish a company as non resident Essential reading for anyone interested in using an offshore company to reduce UK tax. In this article we look at the views of one of the top tax QC's on how to establish an offshore company as non UK resident . . . keep reading
Offshore Foundations and the remittance basis for CGT purposes
19/02/2010
Offshore Foundations and the remittance basis for CGT purposes Offshore foundations are of interest to many of our members, particularly non doms who can benefit from the remittance basis of tax. In this article we look at exactly how offshore foundations and their UK members/founders are taxed on capital gains . . . keep reading
Inheritance tax and your family company
17/02/2010
Inheritance tax and your family company Given the current rate of inheritance tax is 40% this can represent a substantial tax charge, particularly if you have valuable assets such as shares in your family company. In this article we look at when and how such shares can and can't qualify for inheritance tax relief . . . keep reading
Using estate tax treaties to avoid the deemed domicile rules
15/02/2010
Using estate tax treaties to avoid the deemed domicile rules Irrespective of your actual 'domicile' you can be treated as a deemed UK domiciliary which will result in your worldwide estate being subject to UK inheritance tax. In this article we look at how estate tax treaties can be used to prevent you being classed as a deemed domiciliary and how this can avoid UK inheritance tax. . . . keep reading
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Recent Forum Posts - New Forums
• Non dom taxation of mixed fund remittance
• Non-resident partner - subject to UK tax?
• Offshore Trustee
• Gaines Cooper Implications - 2
• Offsetting Loans Cost Against Capital Gains
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• Remittance Basis after 7 years
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• Property to Ltd Company / Linked transactions
• Capital gains remitted abroad by non-dom
• Capital Gains Nightmare!!!
• Election to Offset foreign losses & gains
• Reducing tax bill on severance payment
• Becoming non residence after short time in UK
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