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Important tax changes for non-doms


Significant changes affecting the UK tax status of non-domiciled individuals (non-doms) take effect on 6 April 2017 – and have far-reaching consequences for the majority of those who have previously enjoyed the tax breaks associated with non-dom status, regardless of whether they were initially born overseas or in the UK.

The remittance basis and the new 15/20-year rule

Under the new changes, non-domiciled individuals who have been a resident in the UK for 15 of the past 20 financial years will now be considered domiciled in the UK for all associated tax purposes, regardless of when they arrived.

This legislative change, known as ‘the 15/20-year rule’ effectively means that such individuals will no longer be entitled to claim the remittance basis for Income Tax or Capital Gains Tax (CGT) purposes. This means that those affected will be subject to UK tax on their worldwide income and gains.

Furthermore, for those who previously had a domicile of origin in the UK and later moved abroad, thus acquiring a domicile elsewhere, their UK domiciled status will be immediately reinstated if they return to the UK.

Non-doms’ residential property subject to UK Inheritance Tax

As of 6 April 2017, non-doms who hold UK residential property indirectly through an overseas intermediary, such as an offshore trust, will see such properties subject to UK Inheritance Tax (IHT).

Previously, residential property held in such structures would be overlooked as ‘excluded’, but under the new rules, such property – however held – will be within the scope of IHT. This means that UK IHT will be payable upon any significant IHT event, including a death, gift or ten year anniversary of a trust.

Grace period for ‘mixed funds’

Non-doms with offshore funds made up of untaxed foreign income and gains will be granted a grace period of two years from April 2017’ to rearrange these mixed funds, sell any assets and separate any funds into their constituent parts of foreign income, foreign gains and clean capital. The latter can then be remitted from their segregated clean capital account in line with previous rules.

This gives an opportunity for people to reorganise their affairs to benefit more from the remittance basis where this is still available, or where it has been used previously, as those old unremitted monies remain liable to UK tax under the remittance basis, even if they are now subject to tax on an arising basis.

Under these rules, excluded property trusts can be used as an important planning tool as they will remain an effective way of sheltering assets from UK Inheritance Tax before an individual becomes domicile.

This will also apply to those who are newly ‘deemed domiciled’ under the 15/20-year rule.

If you are concerned that these important changes to the taxation of non-doms are likely to affect you, please contact us. If you are able to get in touch sooner rather than later, our experts can determine the wider implications of these tax changes, how you will be personally affected and how we might be able to help you to mitigate any potentially heavy tax charges.

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Latest News

Financial strategies for businesses facing labour shortages

October 4th, 2024

Labour shortages, particularly in the hospitality sector, are creating significant challenges for many businesses this year.

Managing your costs while trying to maintain service quality and customer relations can be a difficult balance.

Given the difficulty in hiring sufficient staff, many of you will be investing in technology to increase your efficiency.

Luckily, the Annual Investment Allowance (AIA) allows you to deduct the full cost of qualifying equipment, such as IT systems and machinery, from your taxable profits.

This includes investments in automation tools, such as self-service kiosks and advanced ordering systems, which can reduce reliance on labour for repetitive tasks.

Taking advantage of the AIA means you can potentially reduce your Corporation Tax bill while also enhancing operational efficiency.

For 2024, the AIA has been set at £1 million, providing substantial room for investments that may significantly reduce your tax liability and reliance on manual labour.

Utilising apprenticeships and employment incentives

To address staffing needs without incurring prohibitive costs, consider hiring apprentices.

Apprenticeships can provide an effective route to onboard new staff while benefiting from Government incentives.

Employers who hire apprentices under 25 years of age may be eligible for grants of up to £1,000, and the Apprenticeship Levy offers an opportunity to access Government funding for training.

The cost of onboarding and training apprentices is lower compared to hiring more experienced staff, and by shaping apprentices’ skills to meet your business needs, you can help fill existing skills gaps.

The additional funding for apprenticeship training also offers long-term benefits to both the business and the workforce.

Implementing tax-free employee benefits to improve retention

In a competitive labour market, retaining skilled staff is crucial.

To incentivise current employees, businesses can make use of tax-free benefits to enhance job satisfaction.

The trivial benefits exemption allows employers to provide benefits of up to £50 per employee without incurring tax or National Insurance.

While seemingly small, regular employee rewards under this exemption can foster a sense of recognition and appreciation.

Other options include the cycle-to-work scheme, which allows employees to purchase bicycles and equipment without tax implications.

Given the increasing costs of transportation, this can be a valuable perk that also aligns with environmental and health considerations, making it a beneficial offering for both employer and employee.

Hiring overseas workers: Financial and tax implications

Hiring from abroad can help address your labour shortages, but it also introduces additional considerations regarding tax compliance and payroll.

As an employer, you must ensure that all legal requirements for work permits and visas are met, and you should be aware of the payroll obligations involved in hiring non-UK workers, including ensuring correct PAYE and National Insurance contributions.

There are also specific allowances for supporting new hires from overseas.

For instance, the relocation allowance allows employers to provide up to £8,000 towards relocation costs without it being subject to tax or National Insurance.

Offering such support can make your job offers more attractive while still being tax efficient.

Using agency workers: VAT and cash flow considerations

Temporary workers can provide much-needed support when labour is scarce, though it is important to be aware of the VAT implications associated with agency fees.

VAT on labour costs can increase the overall cost of hiring agency workers, and while this VAT can often be reclaimed if your business is VAT-registered, it may still impact cash flow.

You should ensure that their accounting systems are set up to track VAT on agency fees accurately and that they have plans in place to manage these costs effectively.

Alternatively, ask your accountant to manage this for you.

For businesses with limited cash reserves, proactively managing these payments can help maintain financial stability during times of labour shortages.

Remember to use the Employment Allowance!

Remember, your business should be making the most of the Employment Allowance, which allows eligible employers to reduce their National Insurance contributions by up to £5,000 each year.

This can be particularly helpful when seeking to maintain employment levels or take on additional temporary staff without bearing the full cost of National Insurance.

The allowance can also be an effective way to manage overheads while maintaining or even expanding your workforce during challenging times.

If you would like more information or guidance on this issue, please get in touch with our team.

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