Offshore Disclosure
Offshore Disclosure
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Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
Is everyone who needs to consider this geared up for the deadline date of 22 June?

I've had a couple of queries on this matter over the past few weeks and am getting up to speed on what the Revenue require affected taxpayers to do.
It is looking like this could get very nasty.

Smirnoff

611 posts

280 months

Monday 11th June 2007
quotequote all
When you say very nasty can you expand a little. Not for me obviously.

Cheers
Adrian

Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
The Revenue have the powers to go back 20 years regarding defrauded tax amounts - and they have stated that this is what they will be doing for those who fail to own up by 22 June that they had income deriving from overseas investments. Regarding bank accounts - they already know who the individuals are because the banks have now provided them with the necessary details.

The Revenue are running an "amnesty" at the moment whereby anyone who voluntarilly discloses these underpaid tax amounts by 22 June will only have to pay a Penalty based on 10% of the underdeclared tax. The normal penalty can be as high as the unpaid tax amount - effectively doubling what is due.

All the unpaid tax will still be payable and interest will be charged on the late tax payments.

freddies_dad

12,689 posts

287 months

Monday 11th June 2007
quotequote all
Eric will this affect any of these so called companies who claim to take my freelance money (gross) and give it back to me in the form of a minimal salary and money from some off-shore thingamybob. It leads to about 78% return on your money - net of fees.

http://www.asmg.co.uk/about-us.htm for example.

arfur

4,016 posts

244 months

Monday 11th June 2007
quotequote all
freddies_dad said:
Eric will this affect any of these so called companies who claim to take my freelance money (gross) and give it back to me in the form of a minimal salary and money from some off-shore thingamybob. It leads to about 78% return on your money - net of fees.

http://www.asmg.co.uk/about-us.htm for example.
Depends how it's distributed. Does not affect mine as it's based around loaning monies back from IOM trust funds. I guess you need to explain how asmg get the money back to you.

Eric .. that scheme I talked about a while back seems to hold water and is not affected by the latest IR manouvering ...

freddies_dad

12,689 posts

287 months

Monday 11th June 2007
quotequote all
arfur said:
I guess you need to explain how asmg get the money back to you.
Unfortunately I don't know - I don't use them but was thinking of. A friend does use them but he doesn't exactly know either.

arfur

4,016 posts

244 months

Monday 11th June 2007
quotequote all
freddies_dad said:
arfur said:
I guess you need to explain how asmg get the money back to you.
Unfortunately I don't know - I don't use them but was thinking of. A friend does use them but he doesn't exactly know either.
If you dont understand how it works then dont, ffs use the scheme. Only use ones that have been tested against HMRC and are not flying high above the radar. Preferably use ones recommended by tax specialist accountants

Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
I wouldn't really know. to be honest. If I was involved in one of these complicated schemes I would want to know categorically from the scheme operator whether it is caught by these provisions and if so, who has the responsibility to disclose the existence of the income to the Revenue by 22 June (it's only 11 days away).

If they are happy that the scheme is not caught, I would still like to know categorically why they think it isn't discloseable income.

freddies_dad

12,689 posts

287 months

Monday 11th June 2007
quotequote all
arfur said:
If you dont understand how it works then dont, ffs use the scheme.
It's not that I don't understand them - I just haven't approached one yet to find out what they do. A mate who does use them said "they do something off-shore" which prompted me to ask the above.

Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
I think the whole scheme hinges on whether the money you end up being paid is genuine income or not. I think these schemes sail extremely close to the wind and are ripe for a HMRC attack - although not maybe under the 22 June "Amnesty" scheme which is what I was on about.

Initially, this is being used to flush out UK tax resident individuals who have held bank accounts in non-UK banks and who may have "neglected" to enter any details of interest they may have received on these accounts on their Srelf Assessment tax returns..

However, the Revenue will also be after those with foreign owned properties from which they derive rental income and which hasn't been disclosed on a tax return to date either. The 22 June "Amnesty" applies to that type of income too.

arfur

4,016 posts

244 months

Monday 11th June 2007
quotequote all
Eric Mc said:
I wouldn't really know. to be honest. If I was involved in one of these complicated schemes I would want to know categorically from the scheme operator whether it is caught by these provisions and if so, who has the responsibility to disclose the existence of the income to the Revenue by 22 June (it's only 11 days away).

If they are happy that the scheme is not caught, I would still like to know categorically why they think it isn't discloseable income.
Mine is disclosed. It shows up as a BIK each year on tax return. So salary - taxes then BIK - taxable value of that then fees .. I get the balance. The BIK rises each year for 3 years when the fund phoenixes and then resets. All in all 78-80% comes back to me after all outgoings.

Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
So you are being taxed under the BIK rules relating to interest free or low interest loans loan?

superlightr

12,920 posts

293 months

Monday 11th June 2007
quotequote all
Eric Mc said:
The Revenue have the powers to go back 20 years regarding defrauded tax amounts - and they have stated that this is what they will be doing for those who fail to own up by 22 June that they had income deriving from overseas investments. Regarding bank accounts - they already know who the individuals are because the banks have now provided them with the necessary details.

The Revenue are running an "amnesty" at the moment whereby anyone who voluntarilly discloses these underpaid tax amounts by 22 June will only have to pay a Penalty based on 10% of the underdeclared tax. The normal penalty can be as high as the unpaid tax amount - effectively doubling what is due.

All the unpaid tax will still be payable and interest will be charged on the late tax payments.
in an uncommitted comment, would you beleive this from the Govt that they do know or is it a bluff.

I understood its more of a case of when the funds (large funds) are moved that they appear on the radar....

arfur

4,016 posts

244 months

Monday 11th June 2007
quotequote all
Eric Mc said:
So you are being taxed under the BIK rules relating to interest free or low interest loans loan?
No. all funds are directed into a trust fund in my name in the IOM. I draw down on this as a loan from the trust. There is no benifit in repaying the loan as it's mine in the 1st place. Every 3 years the trust is phoenixed so that the value is zero again. So if you draw 100k in each yr then that's 1k in BIK tax 1st yr, 2k next, 3k next, then zeroed, 1k etc etc

The payment dates are very staggered, so only 7 distributions per year and on top of this is a PAYE salary of 12k payable monthly in arrears

Eric Mc

Original Poster:

125,768 posts

295 months

Monday 11th June 2007
quotequote all
I still don't understand the tax you are paying under the BIK rules. What type of BIK is being taxed?

Regarding the prior post, the Revenue now have details of 400,000 indiviudals who have failed to disclose offshore interest amounts. They are exzpecting all 400,000 individuals to notify them formally by 22 June.

The banks were ordered by the courts to disclose this information back in April. This they did, and they then wrote to all their affected customers telling them what they needed to do next. I am looking at just such a letter right now.

jamesb300

116 posts

270 months

Tuesday 12th June 2007
quotequote all
Out of interest, what exactly is the info that the banks have passed on to the IR. Is it the UK banks which operate an offshore outfit where they have passed a sum of money to the UK part of the bank, or is it where any amount of money has been transferred to the UK from a foreign bank, however small?

James.

Eric Mc

Original Poster:

125,768 posts

295 months

Tuesday 12th June 2007
quotequote all
It is the names and addresses of UK residents who possess bank accounts based in offshore territories.

The Revenue are now waiting for the 400,000 individuals whose names were supplied to voluntarilly notify confirmation of this to the Revenue. So far about 6,000 have done so. The deadline for this notification expires in ten days.

superlightr

12,920 posts

293 months

Tuesday 12th June 2007
quotequote all
Eric Mc said:
It is the names and addresses of UK residents who possess bank accounts based in offshore territories.

The Revenue are now waiting for the 400,000 individuals whose names were supplied to voluntarilly notify confirmation of this to the Revenue. So far about 6,000 have done so. The deadline for this notification expires in ten days.
so they may have names but that in itself does not mean they are all liable to pay any additonal tax as they may have declared it or be exempt.

I dont think the IR have the resources to investigate, prove and recover this 400,000 possible cases withing a reasonable time frame. I think the cost and time -v- benefit would be too high. I still think its a bluf.

Eric Mc

Original Poster:

125,768 posts

295 months

Tuesday 12th June 2007
quotequote all
It might be - but would you be the one who is willing to take the risk? My hunch is that they will go after the serial or large offenders i.e the ones where they might get the highest yield for effort expended. However, judging from their atitude to normal tax enquiries, size is not the only criteria.

superlightr

12,920 posts

293 months

Tuesday 12th June 2007
quotequote all
were the IR told the amounts in the accounts or just the names?