Tuesday, May 21, 2013

Google, Amazon, Starbucks: The rise of 'tax shaming'

4 December 2012 Last updated at 12:22 GMT


Multinationals and tax protesters
Global firms such as Starbucks, Google and Amazon have come under fire for avoiding paying tax on British profits. There seems to be a growing culture of naming and shaming companies. But what impact does it have?
Companies have long had complicated tax structures, but a recent spate of stories has highlighted a number of tax-avoiding firms that are not seen to be playing their part.
Starbucks, for example, had sales of £400m in the UK last year, but paid no corporation tax. It transferred some money to a Dutch sister company in royalty payments, bought coffee beans from Switzerland and paid high interest rates to borrow from other parts of the business.
Amazon, which had sales in the UK of £3.35bn in 2011, only reported a "tax expense" of £1.8m.
And Google's UK unit paid just £6m to the Treasury in 2011 on UK turnover of £395m.

The art of paying less tax

Everything these companies are doing is legal. It's avoidance and not evasion.
But the tide of public opinion is visibly turning. Even 10 years ago news of a company minimising its corporation tax would have been more likely to be inside the business pages than on the front page.
What changed? And is "shaming" of companies justifiable and effective?
Momentum has been growing for the last few years.
In September 2009, the Observer ran with the headline: "Avoiding tax robs our public services, declares minister". The paper reported that the government was planning to say tax is a "moral issue" and that it was "determined to end avoidance and evasion."
October 2010 - and the Vodafone case - saw the Daily Mail report:"Vodafone closes Oxford Street store at £6bn tax protest".
A few months later and the focus moved to Sir Philip Green's business empire. "Crisis? What crisis?" reported the Mail, which said the TopShop boss was "enjoying" a Barbados holiday while thousands of campaigners laid siege to his UK stores.
Barclays Bank was the next target - in February 2011 the Daily Express reported on the "raid" by tax protesters, who shouted: "Dave and George do your sums." Later that same month, the Guardian ran with the headline "UK Uncut: 'People are starting to listen to us'".

Withdrawal of custom

Mike Buckhurst
Another impact of tax shaming is that some people, such as 45-year-old self-employed businessman Mike Buckhurst, from Manchester, boycott brands.
"I've uninstalled Google Chrome and changed my search engine on all my home computers. If I want a coffee I am now going to go to Costa, despite Starbucks being nearer to me, and even though I buy a lot of things online, I am not using Amazon.
"I'm sick of the 'change the law' comments, I can vote with my feet. I feel very passionate about this because at one point in my life I was a top rate tax payer and I paid my tax in full," he says.
To some extent, the shift is down to the recession, according to Dr Stuart Roper, a corporate reputation expert at Manchester Business School.
"We are in an age of deep public spending cuts and real austerity. And this [tax avoidance] is not a victimless crime, if you like. If this was six or seven years ago, pre-financial crisis, I don't think it would have had the same impact it's had now," he says.
War on Want's tax justice campaigner Murray Worthy says there has also been a change in public perception.
"As the public have got to understand better what corporate tax avoidance is, there is a clear sense of outrage that is going well beyond a small group of protesters - it's something that the public feels is really not right with the current system," he says.
Discussions of the ethics of tax avoidance are now everywhere. But a few years back, it was a hardcore gaggle of activists and campaign groups like UK Uncut that were staging sit-down protests in stores such as the Arcadia Group, Boots, Vodafone and Fortnum and Mason.
Journalists and newspapers are also doing their own investigations, argues Worthy, with the appearance of Google, Starbucks and Amazon before the Public Accounts Committee a result of stories by the Daily Telegraph, Reuters and the Guardian respectively.
In a report published on Monday, the committee's chairwoman Margaret Hodge said the level of tax taken from some multinational firmswas "outrageous" and that HM Revenue and Customs needed to be "more aggressive and assertive in confronting corporate tax avoidance".
MPs also called for those who do not pay their "fair" share to be named by the government, but Prime Minister David Cameron and Chief Secretary to the Treasury Danny Alexander ruled it out, saying it would breach taxpayer confidentiality.
Tax protester with police
But just how effective is tax shaming anyway?
The idea that Starbucks would voluntarily pay more tax than it legally needs to seems extraordinary on the surface, and an argument for the effectiveness of tax shaming.
"Up until yesterday, I wouldn't have thought these stories had much effect. I thought companies would carry on doing what they were doing, but look over their shoulder, in terms of their reputation," says Michael Devereux, a tax expert at Said Business School, University of Oxford.

Corporate tax avoidance

  • Locating factories, service and distribution hubs and regional HQs in low-tax jurisdictions
  • Starbucks, for example, sources its UK coffee from a wholesale trading subsidiary in Switzerland
  • And Google operates in Bermuda and Ireland
  • Transfer pricing is when a division of a multinational in one country charges a division in another country for a product or a service
  • This means artificially high charges can be levied internally, to siphon money from a high-tax country to a low-tax one
"Starbucks appears to be saying they don't think they owe any more money, but will pay anyway. If that's true, it's having a reputational effect - but it's a bit odd in terms of the tax system, we wouldn't want the tax system to be voluntary," he says.
Branding experts agree the reputational side of things is key, as it is hard to measure the direct impact of tax shaming on sales and profit.
Dr Sue Bridgewater, a marketing expert at Warwick Business School, says if a company with a strong brand damages that, it also damages its financial "value".
"Customers have very long memories and their emotional tie to a brand is a very important part of the loyalty," she says.
But Roper says even reputational damage is difficult to ascertain and can quickly dissipate.
Another impact of tax shaming is that individuals can boycott brands, but Roper says the number of people who take direct action is "relatively low".
What is more dangerous for companies is social media, he says - citing #boycottstarbucks, which was formed in the wake of the Starbucks story - because "a small number of people [can] activate and ferment dissent among another group".
But is tax shaming justifiable?
Amazon, Starbucks and Google are by no means unique in minimising their UK tax liability. And individuals often try to lower their own tax bill by exploiting rules in inheritance tax, or gifting to charity.

Start Quote

Is it remotely plausible that Google, Amazon and Starbucks would suddenly emigrate and stop trying to sell as much as possible to British consumers?”
Bridgewater says large multinational corporations have been using various methods of being "tax efficient" for decades, and it is "probably sound business practice".
"The issue arises when we feel that a company has crossed a line and what it does to be tax efficient is morally, if not legally, inappropriate," she says.
For a lot of companies, it is about fairness, according to Simon Walker, director general of the Institute of Directors.
"It is very frustrating for many companies who pay large tax bills that some multinationals are able to avoid doing so.
"The solution must be simplifying the tax system, not simply hectoring from Westminster. If these firms are immoral to take advantage of tax loopholes, then politicians are surely immoral for creating the loopholes in the first place. Taxes should be simpler to cut down on avoidance and relieve the burden our complex tax code puts on companies who do try to do the right thing," he says.
The director-general of the CBI, John Cridland, agrees the crux of the debate comes down to fairness.
"A company may be making good revenues but pay lower amounts of tax for completely legitimate business reasons. But if it's doing this by using so-called 'black-box' arrangements, where transactions are designed for no commercial purpose at all, other than to avoid tax, then the CBI does not condone it, even if it is legal," he says.
He says if the government wants a different result from the tax system, it must change the rules.

Monday, May 20, 2013

Leighton looks offshore to appease investors

MAY 21, 2013 12:00AM


THE nation's largest construction business has declared it will turn to Asia for growth, moving away from an "Australian-centric approach".

And Leighton Holdings says it plans to name four new board members by the end of next month following the abrupt departure earlier this year of several directors.
Leighton's chairman and two independent directors unexpectedly resigned in March amid accusations its major shareholder, German construction group Hochtief, was trying to dominate the board.
At the group's annual meeting yesterday, shareholders expressed their displeasure with the state of corporate governance at the group.
They lodged a strong protest vote against the nomination of Hochtief chief Marcelino Fernandez Verdes as a non-executive director.
Mr Verdes' election was never in doubt given Hochtief has a 54 per cent stake in Leighton.
Among minority shareholders, however, the Spaniard only managed to secure 45 per cent of the vote.
"If it was up to minority shareholders, the board would look very different but when you have 54 per cent of the vote it doesn't really matter," one analyst said.
A resolution to increase the remuneration of non-executive directors also failed to win majority support among minority shareholders although the company's overall remuneration report was strongly supported.
Leighton has been beset by problems in recent years including cost blowouts on major projects such as Victoria's desalination plant and Brisbane's Airport Link road.
It made deep writedowns on the value of its Middle Eastern business, which it bought just before the Dubai property bubble burst, and has been probed as part of corruption investigations relating to oil contracts in Iraq.
Last week the company was hit with a class action from about 2000 investors who say the company failed to keep them properly informed about its health leading up to a profit downgrade in 2011.
Over the past five years, the share price has more than halved.
Addressing shareholder's at the meeting, chief executive Hamish Tyrwhitt said he was looking to opportunities abroad.
Mr Tyrwhitt said he was focusing on China, India, South-East Asia and East Africa as he worked to cash in on an estimated $60 trillion in global infrastructure investment required by 2030.
"It is clear that we need to move our focus from an Australian-centric approach to one where we export our skills to markets where our services are valued and where we can add value," he said.
Mr Tyrwhitt is Leighton's third chief executive in little more than two years.
He said Leighton was "uniquely placed as the only construction company with a full footprint across Asia".
The company said it remained on track to delivering an underlying net profit in the range of $520 million to $600 million this year.
Leighton's share price jumped 3.6 per cent yesterday to close at $18.67.

Sunday, May 19, 2013

David Cameron writes to Britain's tax havens, calling for transparency from Business

PM urges havens to 'get our own houses in order' before G8 summit in June, where he claims tax avoidance will be a priority

David Cameron has written to the leaders of Britain's offshore tax havens stressing the need to "get our own houses in order" as he pushes for international action to tackle avoidance schemes.
In a message to 10 crown dependencies and British overseas territories Cameron said he backed their right to be low tax jurisdictions but insisted that rules needed to be set and enforced fairly.
The move comes ahead of next month's G8 summit in Northern Ireland, where Cameron will push for an agreement aimed at clamping down on tax evasion and avoidance.
He said he wanted the G8 to "knock down the walls of company secrecy" to reveal who really owns and controls firms.
Cameron's initiative came as he prepared to raise the issue of corporate tax dodging with Google's boss, Eric Schmidt at a meeting in Downing Street.
The internet fim's executive chairman is a member of Cameron's business advisory group, which has its regular quarterly meeting on Monday, just days after Google was given a mauling by a House of Commons committee over its tax affairs.
The group holds its meetings behind closed doors and Downing Street does not reveal the content of its deliberations but a source inside No 10 confirmed that tax will be up for discussion, insisting that "nothing is off the table" when Cameron meets the group of 16 business leaders.
The PM's letter calling for more transparency about tax information and the ownership of companies was sent to leaders in Bermuda, the British Virgin Islands, the Cayman Islands, Gibraltar, Anguilla, Montserrat, the Turks and Caicos Islands, Jersey, Guernsey and the Isle of Man.
Cameron wrote: "As you know, I have made fighting the scourge of tax evasion and aggressive tax avoidance a priority for the G8 summit which the UK is hosting next month.
"With one month to go, this is the critical moment to get our own houses in order. I am looking to all the overseas territories and crown dependencies to continue to work in partnership with the UK in taking the lead on two critical issues: tax information exchange and beneficial ownership."
He told the leaders: "I respect your right to be lower tax jurisdictions. I believe passionately in lower taxes as a vital driver of growth and prosperity for all.
"But lower taxes are only sustainable if what is owed is actually paid – and if the rules to achieve this are set and enforced fairly to create a level playing field right across the world. There is no point in dealing with tax evasion in one country if the problem is simply displaced to another."
He welcomed commitments made by the territories to exchange tax information but said there was also a need to improve its quality and accuracy.
"Put simply, that means we need to know who really owns and controls each and every company," he said.
"This goes right to the heart of the ambition of Britain's G8 to knock down the walls of company secrecy.
"Some of you have already led the way with public commitments to produce action plans on beneficial ownership – and I hope those who have yet to can do so as quickly as possible.
"Getting the right content in these plans will now be critical. These will need to provide for fully resourced and properly managed centralised registries, that are freely available to law enforcement and tax collectors, and contain full and accurate details on the true ownership and control of every company."
Ed Miliband has pledged to write new rules to tackle corporate tax dodgers if he wins the next election, even if there is no international consensus for action.
In an interview with the Observer, he said Cameron's government was "dragging its feet" on the issue.


BBC News - MPs challenge Google over UK tax reporting

16 May 2013 Last updated at 16:33 GMT


The internet giant Google has been challenged by MPs over the way it reports its income for tax.
The chair of the Public Accounts Committee, Margaret Hodge, said whistleblowers had told her that Google had sold advertising within the UK and invoiced customers in the UK.
Google had earlier said that UK customers paid Google in Ireland.
"No one in the UK can execute transactions," said Google's head of sales in Northern Europe, Matt Brittin.
"No money changes hands," he said, despite the fact that he employed sales staff in Britain.
But Ms Hodge said: "It was quite clear from all that documentation that the entire trading process and sales process took place in the UK."
She read from the official guide to parliamentary procedure, Erskine May: "A person prevaricating or giving false evidence can be considered to be in contempt of the House."
Margaret Hodge MP: "Google do not pay their fair amount of tax"
And she said: "We will continue to have whistleblowers until we get to the bottom of the truth about all this."
Google's sales in the UK are worth £3.2bn, but most are routed through Dublin. In 2011 it paid £6m in UK corporation tax.
Google is one of several multinational companies that have been strongly criticised in recent months for organising their tax affairs in ways that minimise the amounts they pay in the UK.
Amongst them is online retailer Amazon, whose UK subsidiary paid £2.4m in corporate taxes last year, despite making sales of £4.3bn, and Starbucks, which has also gone to great lengths to minimise its tax bills, though it has been pressured to agree to pay more than it used to.
All three, as well as others, have previously appeared before the Public Accounts Committee, and they have attracted much criticism in spite of their insistence that they are operating within the law.
Prime Minister David Cameron has described such "aggressive" tax avoidance as "immoral", while the leader of the Labour party, Ed Miliband, sees it as "evidence of a culture of corporate irresponsibility among certain firms which is totally unacceptable".
European headquarters
Jim Harra, HMRC: David Cameron's priority for Britain's G8 presidency is to have the international tax rules reviewed'
Mr Brittin maintained that any advertiser in Europe would deal directly with Google in Dublin, which employs some 3,000 staff.
"When we came to Europe, we set up Dublin as our European headquarters," said Mr Brittin
"We wanted to be able to contract with customers across the whole of Europe, not just the UK.
"Any customer that spends with us, they have to buy from Ireland, because that's where the intellectual property sits."
Regulatory reforms needed
HMRC's director general for business tax, Jim Harra, would like to see the system changed.
"Corporate tax affairs are operated by an international framework that the UK and other countries are subject to," he said.
"That international framework has not kept up with changes in the economy, particularly in the digital economy. That affects companies like Google and Amazon.
"This, he said, had enabled companies to place their various activities in jurisdictions with favourable taxation systems, and thus they are able to reduce their tax burdens.
"Those international rules need to be looked at," he said.

Wednesday, May 15, 2013

Thailand tax bulletin - May 2013

Grant Thornton Thailand - May 2013 

Imminent start of negotiations for Thai – EU Free Trade Agreement 
In November 2012, the Thai Ministerial Cabinet approved a resolution to commence a free trade agreement with the European Union (EU), and negotiations have been scheduled to start later this month. The Thai Fiscal Policy Office has adopted Thailand’s position under the ASEAN – EU FTA negotiations and applied them in the context of the Thai – EU FTA negotiations. However, where the ASEAN – EU FTA negotiations were conducted using the HS 2007 product classification nomenclature, Thailand will apply the updated HS 2012 for the Thai – EU FTA.     

Thailand expects two modalities for tariff reductions and elimination for trade in goods – the first being goods listed in the Normal Track schedule, and the second being goods placed in the Sensitive List. It is expected that the Normal Track schedule would cover approximately 80 percent of products in the Thai – EU FTA, while the Sensitive List would cover approximately 18 percent of products. Presently, the Department of Trade Negotiations has been seeking the private sector’s position in order to determine Thailand’s “offer and request” list for the trade in goods liberalization negotiations. 

Thailand Considers Product Coverage Expansion under the Information Technology Agreement (ITA) 
The WTO Ministerial Declaration on Trade in Information Technology Products, also known as the Information Technology Agreement or “ITA” provides for import duty elimination for many IT products.  Presently there are over 70 member countries participating in ITA, including Thailand. 

In 2012, some participating members expressed a desire to revise and expand the ITA product schedule.  If successful, this would mean that more IT products would be covered under the ITA import duty exemption list. Members such as Japan, Canada, China, EU, Korea, Malaysia, Thailand, Philippines, Singapore, and Peru have expressed support for the ITA expansion. As a result, a subsequent ITA Committee meeting in late 2012 furthered the discussion on ITA expansion. 

Currently, Thailand is in the process of reviewing its ITA duty exemption schedule for expansion. The Department of Trade Negotiation (DTN) has requested the private sector’s opinion on a tentative list of over 300 products to be covered in the expansion schedule. This review was done in March 2013 and presented to the DTN to incorporate into its negotiation position for the ITA expansion. Participating members have targeted the completion of the ITA expansion schedule by August 2013. 

Wednesday, May 8, 2013

Does a property loan to my son attract tax?

| Money | guardian.co.uk


Q I am planning to remortgage my house and buy a small cottage for my son. My intention is to let him live there and for him to pay the equivalent of what he would pay on a mortgage, which he cannot currently get as a self-employed builder with only one good year out of his past three taxreturns and poor credit from a couple of credit cards.
The advantage to him, apart from needing no deposit or other fees, is that although I would need the money paying back, if he did hit some slow periods at work I would be more lenient in terms of missed mortgage payments than a commercial lender.
He would need to pay me back £45,000 at 5% interest (basically what I would be paying on the remortgage) for 20 years, and then the house would be his. I would lose out on my current good mortgage deal, but that would be my contribution I guess.
Would his paying back of the loan (at a rate of £297 a month) be classed as income, and would I have to pay tax on it? Once these 20-year payments are made can I just sign over the house to him with no risk ofcapital gains tax (CGT) or inheritance tax (IHT)? GY

A The interest part of the £297 monthly payment will be classed as income and so be liable to income tax, but any repayment of capital is not taxable. So of the total £71,280 your son will have paid you by the end of the 20-year term, £26,280 is taxable interest and the remaining £45,000 is repayment of capital. On your tax return you have to give the amount of interest received in a particular tax year.
As far as CGT goes, if you buy the cottage in your name and then sign it over to your son in 20 years' time you could face a bill in the future. If, however, you lent the money raised on your home to your son for him to buy the cottage in his name, CGT would not be an issue. If you were to lend your son the money in this way you should consider taking a charge over the property (in the way a mortgage lender would) to make sure you have security for the loan.
Making a genuine loan to your son which you expect to be repaid does not attract IHT. However, if you were to give your son the money to buy the cottage without a requirement to pay it back, there could be a tax bill if you died within seven years of making the gift.

Sunday, April 14, 2013

Time is running out for tax evaders - Telegraph

7:00AM BST 14 Apr 2013


Amnesty for offshore savers ends soon. We look at the penalties, and arrangements with some of the most used offshore locations.

This wall clock was launched as a prototype by the now-defunct design collective Hundreds Tens Units in 2009 - Design Notebook: lampshades, electric Rayburns and a silk shawl
We look at the penalties, and arrangements with some of the most used offshore locations 
The net is closing in on savers who have undeclared sums in offshore investments and bank accounts.
Those who have savings in Switzerland could find the value of their deposits reduced by up to 41pc on May 31, when the tax authorities impose a withholding tax on British savers who have not fully disclosed their investments and paid all taxes due to HM Revenue & Customs (HMRC).
Last week, HMRC issued new guidance which it hopes will encourage those with money saved in offshore bank accounts in the Channel Islands and the Isle of Man to declare their gains.
The message is clear. If you don't take advantage of the "amnesty" that started at the beginning of the month, the penalties will be severe when a full exchange of bank details begins in 2015.
Britain's tax authorities estimate that they can squeeze £9bn out of illicit offshore accounts in the next five years.
The scale of offshore evasion came to light a decade ago, when a former bank employee of the LGT Bank in Liechtenstein stole records of 6,000 customers using the principality to avoid paying tax, and offered to sell this information to various national tax authorities.
In 2008, the British Government is believed to have paid £100,000 for 100 names off the rich list, subsequently raising £100m in unpaid tax. Authorities in Germany, Australia and the US have also pursued names on the list, with Germany paying £3m for details of 750 tax cheats. HMRC will not comment on the case but confirms it is happy to pay for information about non-payment of tax.
Liechtenstein realised it had to get its house in order, and reached lenient agreements with other countries designed to encourage their nationals to be honest with the authorities and pay any undeclared taxes.
It remains the best place to get your affairs in order if you have serious irregularities in your relationship with the UK taxman.
Meanwhile, changes to the EU law gave the British Government limited snapshots of accounts held by some UK institutions. It is negotiating an "automatic information exchange" on all accounts held in the Channel Islands and Isle of Man, which will make concealing money significantly more difficult from 2015.
All these destinations have reached slightly different agreements with Britain about the penalties that will be imposed. So it would pay for those with large amounts of unpaid tax to study these carefully, before deciding which haven it is best to have their money in when handing themselves in.
It is worth noting that there has been a sharp increase in tax evaders jailed for fraud, with 11 locked up last month alone. This is particularly important when remembering that some of those with untaxed offshore treasure troves may have come upon them almost by "accident", and are not determined tax fraudsters.
Some money, it is true, will reflect overseas and UK earnings of individuals and companies who have deliberately put wages and profits out of the reach of the UK tax authorities. Other funds will be criminal money.
But many other citizens may have inadvertently been landed with an offshore account that has now turned into a tax headache, either because they were born or lived abroad, or because they have inherited some money.
Derek Scott, a partner at KPMG, said: "They may have known they had this problem for some time, but just didn't know what to do about it. It was in the 'too big a minefield to touch' box.
"Sometimes parents have deliberately put a sum of money offshore to leave to their children. So the children who subsequently inherit it are not the tax avoiders, but they don't know what to do with it.
"We are also now seeing many clients who were born abroad, or whose parents were born abroad and then moved to this country. Money has been kept offshore, when perhaps it should have been subject to UK income and inheritance tax. Unravelling these arrangements can seem very daunting."
And daunting it is. Last week's guidance from HMRC on its new disclosure facility agreement with Jersey, Guernsey and the Isle of Man says no one will be prosecuted if they make a full and frank disclosure, and pay all tax due with interest and penalties.
However, unlike in Liechtenstein, there is no "non-prosecution" guarantee written into the agreement.
Stephen Camm, a tax partner at PricewaterhouseCoopers, said: "It is this guarantee of no prosecution which many who come to us find appealing."
Last month, 11 men, including a barrister, an accountant, directors of a film company and wine smugglers, were jailed for up to six years for tax fraud.
This follows the recent imprisoning of two businessmen who lied about accounts held offshore in the Isle of Man. They ran a computer company for the car trade, and did a great deal of business with the German motor industry.
These earnings were not declared, but were banked offshore. When questioned by HMRC, who were alerted by German tax officials, they declared one account, but concealed a further 10.
Liechtenstein's disclosure agreement also has advantages if you have inherited sums on which inheritance tax is due. It only seeks to go back to 1999, so any inheritances before this date will be excluded. Additionally, you can opt to pay a composite rate that may be lower than the inheritance tax due.
Below we look at the penalties, and arrangements with some of the most used offshore locations.

Guernsey, Jersey and the Isle of Man

If you disclose in one of these offshore havens, you must pay any tax owed, going back to 1999, with interest and a penalty.
The penalty will normally be based on 10pc of the tax owed for years to 2007/08, and 20pc thereafter.
From 2016, if the automatic exchange of information goes ahead, as is anticipated, all banks and savings institutions will have to give HMRC details of account holders and bank accounts.
Previous disclosure agreements have been limited to offshore accounts held by UK persons, and only to the extent that information existed in the UK, for example on computer servers sited onshore, or the information could be accessed in Britain.

Liechtenstein

In many circumstances, Liechtenstein may offer the most generous option under the Liechtenstein Disclosure Facility (LDF), but account holders would be advised to do the maths first. The penalties are generally slightly lower (10pc for all years to 2008/09).
Furthermore, investors can elect to calculate any tax due using a composite rate tax of 40pc. This is applied to income and gains arising on the asset. Added to this are interest and penalties. This can then satisfy all taxes due (including inheritance tax) for all periods before 2009.

Switzerland

From May 31, all British citizens with accounts in Switzerland will have between 21pc and 41pc lopped off their balance. They will then pay 27pc to 48pc on future income and capital gains. Special rules apply to UK resident non-domiciled persons.
However, they can prevent this withholding tax by making a full disclosure of their tax irregularities and paying any tax. Swiss account holders who choose to disclose may be able to do so using the LDF. This will normally be cheaper for them (see above), as well as safer. They can access the Liechtenstein arrangements by establishing an asset in Liechtenstein now

Sunday, April 17, 2011

Common concerns for financial planning


17th April 2011
There has been plenty of positive feedback to articles in last month's "Networth" relating to the "centenarian club", and planning for financial independence. Many questions have been posed and several individual discussions ensued.
The circumstances of individual expats are unique and not directly comparable, however, some of you have raised similar concerns. Here are some of the major topics that have been raised.
PROFESSIONAL ADVICE
Some of the discussion has related to making the most of your investments and whether to do this alone or to engage a professional. A key question here is whether you have the time or genuine interest needed to manage your portfolio. When you engage a professional, you need to undertake due diligence on his ability and his firm's stability and reputation. If the adviser is patient and does not bombard you with products, that is a good start. An adviser should seem to want to genuinely wish to help you in all aspects of your affairs. The business of living life is not just about investments and pensions. It covers many aspects and they all need to be carefully coordinated.
In agreeing on a strategy with your adviser, you should ask yourself if he is offering you genuine independent advice about diversification. Does he discuss holdings in cash, equities, dividend generators, investment trusts, property, alternatives and gilts? Does he assist you with other areas, such as investment properties, and how they fit your overall plan even if these are not actually part of his brief? Does he try to assist you with these areas even though he may not generate income for himself? If so, you may have found a gem you should hold onto.
MEDICAL INSURANCE
You can still secure medical insurance even if you are in your sixties. It is possible to enrol in a specific international scheme, in Thailand, until you are 73 and continue renewing annually. Most expats are unaware of this. Of course, the premiums are high, which is understandable when you consider the risk. However, many sensible expats realise that they can afford "everyday" medical expenses such as sundry doctor visits and even the occasional hospital stay, but what is of great concern is the catastrophic medical condition. The dreaded big C; a heart condition requiring major surgery or an organ transplant could be unaffordable.
Medical insurance can be arranged to cover expenses in excess of certain agreed limits. Known as deductibles or the amount of excess you pay for a claim, these can be chosen by you and are often extensive. For example, you can choose to cover the first US$10,000 (301,000 baht) of any claim. This makes your insurance premium significantly lower but you can only claim an amount above this exclusion. If the costs of a complex claim were substantial, you would be thankful you took the insurance.
PENSION VEHICLES
Many expats wonder how they should organise their affairs to keep their pension assets growing and simultaneously paying a regular income. There are a number of options. If you have a formal employer pension, regular payments are often made automatically.
If your employer arranged a defined contribution occupational scheme, you will likely receive a lump sum when you reach the defined retirement age rather than a regular pension. It is then up to you to arrange your own payments from that lump sum. If you simply deposit the cash into a bank account and make withdrawals, it is unlikely to keep up with inflation, let alone generate income.
There are investment vehicles that offer a portfolio investment and the ability to make regular and ad hoc withdrawals. This gives you the benefit of investment returns rather than bank deposit interest and a regular income stream that would be paid to your bank account.
These vehicles are called offshore personal portfolio bonds (OPPB) and can be arranged through investment institutions in tax havens. They need to be managed and an independent adviser can help in this regard.
Qualified recognised overseas pension schemes (QROPS) are commonly invested in OPPBs. These schemes are created from UK deferred pension benefits being exported when a member has left the UK, with no plan to return. There are many advantages to having your pension transferred to a QROPS and once again a professional adviser can assist with obtaining a transfer value from the UK and giving you comprehensive advice about whether you should consider the transfer.
OPPBs are often dismissed as expensive to run. However, when you look at the net results, this is rarely the case. They will usually beat any bank return and after charges will give you good value growth. These vehicles are useful to help create and manage your wealth prior to retirement, so they are very good lifelong vehicles.
TAXATION
This is always a tricky subject to discuss in a generic way. Every person has different circumstances. There are also many common areas that need to be studied such as your nationality where you are domiciled; where you are resident and where your assets are held. Imagine someone born in the UK of Dutch parentage, with British and Australian passports, living in Thailand with a QROPS pension in Guernsey, an OPPB in the Isle of Man, bank accounts in Jersey, property in the UK, Singapore and Australia, investments in Hong Kong and insurance in Luxembourg. This can be quite complex to analyse for tax purposes.
Apart from the tax on income from properties, pensions and investments, there is also capital-gains taxation, and inheritance tax advice. If these are concerns for you, choose a professional adviser who can advise on tax as part of his overall service.
The business of living life can get complex for the expat although many do not realise this until it is too late. The more perceptive expat always makes appropriate arrangements and takes ongoing advice throughout his life abroad.
There is great peace of mind in knowing that you have dealt with these important issues while you are alive and that they will be handled properly after you have gone.
We will continue with more on these matters next week.