Archive for February, 2008

BRITISH TAX AUTHORITIES PAYS FOR BRITON´S BANK DETAILS

Sunday, February 24th, 2008

Today in the BBC it was revealed that the HMRC, the UK’s tax authority has confirmed that it has paid an informant for data regarding British citizens who have accounts in tax haven Liechtenstein.

HM Revenue and Customs (HMRC) confirmed the move after a Sunday Times report, but would not say how much it had paid the informant. Read the article here

The suspected whistle blower, accused of stealing data from the bank, LGT, was sacked and convicted of fraud.Mike Warburton, a partner at Grant Thornton at www.grantthornton.com said: It is shocking that the Revenue has started buying information from dubious sources to help its investigations.

I have discussed this issue in this morning post OECD, Liechtenstein and Germany. Is there a place for a synthetic approach? and will welcome people’s views.

TAX FREEDOM DAY IN THE UK WAS 1ST OF JUNE

Friday, February 22nd, 2008

Tax Freedom Day shows just how long the UK taxpayers spend working for the UK Treasury, rather than themselves.

The concept was developed by the Adam Smith Institute in the UK at http://www.adamsmith.org and shows that the UK residents work 5 months out of 12 for the Government.The Institute says that overall, the government takes more than 40% of national income in the UK. This amount is significantly lower that the EU average. In the USA, however, the government excises are lower, and this may be understandable historically by the strong opposition to governmental pressure.

The reality is that most UK residents have to work a full five months of the year solely to pay that tax bill. In 2006, that meant working from 1 January to 1 June – just to pay taxes! And the March 2007 budget did nothing to change that. Tax Freedom Day 2007 once again falls on 1 June. What will happen in 2008? I can not foresee taxation going any lower, and you?

For much of the last few years, however, Tax Freedom Day has been coming later and later. In fact, it falls a full week later now than it did back in 2002. That is an extra week of working for the Chancellor. At this rate, it will not be long until we spend longer working for the government than we do working for ourselves, which brings to the table some interesting historical reflections.

An interesting Book “Coffee planters, workers and wives: class conflict and gender relations on Sao Paulo plantations, 1850-1980″ Macmillan Press, 1988, the evolution from slavery (room and board) toward share croppers concepts (50:50 after expenses) is discussed. An interesting reflection on tax and slavery is available at http://www.press.uchicago.edu/Misc/Chicago/194876.html

Tax Freedom Day is calculated by taking the UK’s net national income and calculating how much of that is taken away in taxes. These taxes include not just income tax, but VAT, inheritance tax, stamp duty, car and fuel taxes, excise taxes on alcohol and cigarettes, taxes on companies and employment, and many more. For technical stuff about how Tax Freedom Day is calculated, click here. Tax Freedom Day varies around the country for a description of why and how much, click here.

The Adam Smith Institute has been calculating Tax Freedom Day since 1991 and has figures for it going back to 1963 – when Tax Freedom Day was more than a whole month earlier, falling on 24 April. There are also some international comparisons.

I do not endorse this approach to taxation as a political weapon, however it is an interesting tool to be able to reflect and discuss how much we contribute to the government and how they are using our funds.

The information posted here was taken from the Adam Smith Institute at http://www.adamsmith.org/tax-freedom-day/

INHERITANCE TAX ABOLITION IN SPAIN.WORK IN PROGRESS…

Tuesday, February 19th, 2008

This morning I was reviewing the current status of Inheritance Tax in Spain, in light of the recent news regarding the abolition of the Wealth Tax after the general elections.The Wealth Tax is administered by the regional entities, Comunidades Autonomas, but legislated nationally by the national government.

This is also the case with the Inheritance Tax. What we have seen however is that the move on this tax has started by the regions by improving the position or even technically abolishing the tax itself. In this case, they did not wait for the central government to act.

Ten regions have already abolished this tax in the context of family inheritance. The regions are Madrid, La Rioja, Murcia, Castilla y León, Comunidad Valenciana, Baleares y Cantabria, in a first move and Canarias, Aragón y Castilla La Mancha in a second move. Andalucia is considering this move too, and again, that will depend on the regional elections this year.

We welcome the move toward abolition of the Inheritance Tax and the Wealth Tax in a system overload with income, indirect duties and VAT.

SPANISH TAX INVESTIGATION PRIOTITIES 2008

Sunday, February 10th, 2008

On January 22nd 2008 the General Directorate of the Spanish Tax Office (Direccion General de la AEAT) published a Resolution with the areas of focus for the tax inspectors in 2008.

The Tax Office publishes every year this Resolution, stating the areas of tax investigation focus for the tax year. This is a statutory obligation of the Tax Office according to Spanish Tax Law (Ley General Tributaria 58/2003, section 116).

During the last years we have seen an increased focus on non resident individuals with properties and operations in Spain.

The main areas of focus we have identified in this document are:

- Non Resident Tax due by non resident individuals owning property in Spain and not submitting the annual returns.

- Acquisitions, holding and sales of real estate property by non resident and applicable taxes to all those operations

- Related parties transactions with international companies and with Tax havens

- Real Estate activities with very low profitability over the years and assessment to ensure market prices are been reported in the returns

- Revision of Companies that have declared transactions in previous years according to the former property holding regime (Sociedades Patrimoniales) without meeting the requirements

OFFSHORE COMPANIES OWNING PROPERTY IN SPAIN 2008

Saturday, February 9th, 2008

UK residents, domiciled and non domiciled, owning property in Spain using an offshore or trust structure will need to look very carefully to the new domicile and residence changes in UK expected for April 2008.

As in previous years, we are expecting changes to the proposed legislation before final enactment and there may be some other issues arising, which we will try to address in our blog.

What is clear now is that anyone on that category will need to pose how those changes may affect his or her position and try to plan prior to 6 April 2008 an efficient course of action.

Some of the changes will affect the selling of property in Spain by the offshore company or trust structure if owned by UK residents and this is something to consider seriously with your UK tax adviser.

DOMICILE AND RESIDENCE POTENTIAL CHANGES IN THE UK

Saturday, February 9th, 2008

HM Revenue & Customs published PBRN 18 and as whe have seen in previous years when the domicile or residence rules are threatened by the HMRC, a significant ammount of noise is generated in the accounting profession.

Some of my UK non resident clients living in Spain raised their concerns with this legislation. A very good discussion can be found in Lisa Spearman’s Tax plus blog

The main discussion is who is likely to be affected?

The answer is, UK residents paying tax on the remittance basis and non-resident individuals who spend a significant amount of time in the UK.

General description of the measure

Legislation will be introduced in Finance Bill 2008 to:

• Introduce an additional tax charge for individuals using the remittance basis of taxation;
• End the automatic entitlement to certain personal allowances for individuals resident in the UK who are using the remittance basis;
• Ensure that when determining if an individual is resident in the UK in any year, days of arrival and departure are counted; and
• Address a range of anomalies in the remittance basis.

The remittance basis of taxation can apply to those UK residents who are not domiciled in the UK or who are not ordinarily resident in the UK. The remittance basis provides that such residents will be taxed on foreign income and gains only when they are remitted to the UK.
Operative date

All these changes will apply on or after 6 April 2008.

H. Owens – May 2, 2008 1:17 AM

Good news. Came looking for this as I realised that counting both arrival and departure would put me one day over for the past 4 years.

Was therefore wondering if the proposal was to count departure and arrival days for previous years. Reading the pdf linked, it’s clear that the new rule (count no of midnights) will apply to days counted starting 2008-2009 anyway. Also good.

Still wondering: is there anything to prevent a sudden change in these rules that applies retrospectively?

GIBRALTAR, PART OF THE EUROPEAN UNION

Saturday, February 9th, 2008

In the Anglo Spanish tax and legal world, the position of Gibraltar, both for proximity and for the uniqueness of its legal and tax regime is fascinating. A very good place to get some professional information about Gibraltar is the Grant Thornton site.

From the years of the Utrecht Treaty in the 18th Century, times have changed substantially. Today Gibraltar, a territory of the United Kingdom, has developed an unique position in the European Union and in the global financial markets.

Culturally, Gibraltar reflects the influence and coexistence of Britons and Spaniards with a clear Mediterranean flavor.

Politically Gibraltar has become a unique jurisdiction in the European Union territory. Gibraltar. Whilst Gibraltar under Article 227(4) of the EEC Treaty is within the European Union by virtue of being a European territory for whose external relations Britain is responsible, Article 28 of the 1971 UK Assession Treaty relieves Gibraltar from the common customs tariff, the common agricultural policy and the harmonisation of turnover taxes, in particular VAT.

The relationship between the three governments of Spain, UK and Gibraltar is progressing in the context of the Tripartite agreement signed in Cordoba in 2004 provides a route plan to continue improving this cooperation.It is a robust jurisdiction claiming its place in the global economy and the issue of decolonization and independence from the United Kingdom and Spain is under review in the United Nations

Over the years Gibraltar has positioned itself as a great place to do business internationally and all the Financial and Tax Directives are applicable. Anti Money Laundering provisions and Know Your Client protocols in Gibraltar are applied with strict adherence to EU and OECD protocols.

OECD VIEWS ON MADRID, JANUARY 28TH

Sunday, February 3rd, 2008

Madrid has captured the advantages of globalisation by becoming a metropolitan region of 6 million people, which attracts foreign workers and firms.

There is also a good tax environment for international executives to relocate to Spain as we have discussed in these pages. See the article published in Tax Journal UK on this topic España Mañana.

The capital region has experienced impressive dynamic economic growth in recent years, making the best of the positive business cycle in Spain. It absorbs more than half of Spain’s total foreign direct investment (FDI) and has extended its economic relations with Latin American countries.
Growth has occurred largely in the service sector (financial, banking, business services) as well as in logistics (Madrid Barajas Airport is the largest employer in the region).

Please read the full article OECD territorial article on Madrid

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