Elite Tax Haven Details Leaked

Author
Discussion

Francois de La Rochefoucauld

461 posts

78 months

Friday 10th November 2017
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AstonZagato said:
As I understand it (IANAL), if the Trust owns a property (as in the situation reported), then you either have to pay the fair market rent to live in it (which needs to come out of some sort of income, which then gets taxed). The Trust then has a tax liability on the income. If you don't pay the rent, then HMRC assumes you have a taxable benefit to the tune of the fair market rent.
What the trust would do is move the house outside of your estate. However, in the UK, your principal private residence is part of your estate whether in your estate or not - HMRC looks through trusts. Other houses might get away with it.
I might be wrong but don't think there is much anyone can do to avoid paying IHT on their prinicpal private residence.
By giving it away and then paying the fair market rent for seven years? Beneficiary will probably have to pay CGT if/when they sell if not their PPR though.

Francois de La Rochefoucauld

461 posts

78 months

Friday 10th November 2017
quotequote all
fblm said:
So then the reason all these Kings Road arse wipes live off trust income isn't really some respectably clever tax wheeze, its because their parents figured they were too thick to manage their own money?
Yes, everyone who wants to leave money to their children (in trust), perhaps a life insurance policy written into trust, think their kids are to stupid to handle their own finances. - Tosser.

Edited by Francois de La Rochefoucauld on Friday 10th November 16:12

RacerMDR

5,505 posts

210 months

Friday 10th November 2017
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AW111 said:
I have a different view - I happily claim legitimate deductions, but avoid contrived situations like that, even if legal (for now). I have ditched a previous accountant over his insistence that I should be claiming things that I felt were morally wrong although technically legal.
Would I like to pay less tax? Of course. But I also appreciate that society can't function without it.
that is totally fair and I completely respect that. Maybe it comes down to politics a little bit too.

I won't open a can of worms, but let's just say, I don't agree with how the money is spent.

If say my tax bill was 100k a year - and I knew that 20k schools, 20k hospitals, 20k services , 20k pensions, 20k military - then I would deemed it acceptable.

At the minute it goes into a total black hole of incompetence, and thus I begrudge it.


anonymous-user

54 months

Friday 10th November 2017
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Francois de La Rochefoucauld said:
...to stupid...
Well quite.

Digga

40,328 posts

283 months

Friday 10th November 2017
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fblm said:
Francois de La Rochefoucauld said:
...to stupid...
Well quite.
Hoist by one's own retard.

andy_s

19,400 posts

259 months

Friday 10th November 2017
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Tony33 said:
ow someone will probably prove me wrong and say anyone can do it who pays tax but the impression I get is these schemes are only viable to the very rich as the entry fees are so expensive. Tales of people paying nearly £1 million to advisors for whom the net gains are very well worth it.

So there seems a threshold of earnings at which avoidance becomes more possible. I think this is the bit that seems most unfair.
Well, it's a bit like saying it's not fair that we can all legally buy a Ferrari but most can't afford to - in a way. Look at Hamilton - to lower his tax bill he's had to move to a place where a one bed flat is over a million quid; this only makes sense if you get a net benefit which he clearly does. That wouldn't apply to me or you as we're a bit more impoverished - I do get the point - but you've got to spend a lot of money to save a lot of money, you can spend a little money to save a little money (duty free), but you can't spend a little money to save a lot of money - particularly as you don't have a lot of money to save anyway... smile

anonymous-user

54 months

Friday 10th November 2017
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Sensible piece in the Economist. tldr; "...the first lot of Paradise Papers revelations seem to contain nothing so damning. Moreover, the focus on Bermuda risks reinforcing the stereotype that the real culprits are small, palm-fringed islands, when it is in fact the much larger, onshore financial centres, such as London and New York, that offer the most attractive combination of respectability and secrecy"

https://www.economist.com/news/finance-economics/2...

anonymous-user

54 months

Friday 10th November 2017
quotequote all
Francois de La Rochefoucauld said:
AstonZagato said:
As I understand it (IANAL), if the Trust owns a property (as in the situation reported), then you either have to pay the fair market rent to live in it (which needs to come out of some sort of income, which then gets taxed). The Trust then has a tax liability on the income. If you don't pay the rent, then HMRC assumes you have a taxable benefit to the tune of the fair market rent.
What the trust would do is move the house outside of your estate. However, in the UK, your principal private residence is part of your estate whether in your estate or not - HMRC looks through trusts. Other houses might get away with it.
I might be wrong but don't think there is much anyone can do to avoid paying IHT on their prinicpal private residence.
By giving it away and then paying the fair market rent for seven years? Beneficiary will probably have to pay CGT if/when they sell if not their PPR though.
IANAL also, but another way (which doesn't avoid IHT I believe) is to loan the trust the money to buy the property. If you then use the property yourself you pay market rent (which, as pointed out, the trust pays tax on) but your kid or kids, for example, could live there rent free.
As the money has been loaned to the trust I assume it will still form part of your estate when you snuff it. The main (only?) financial plus would be, if is was a second property, you wouldn't pay the additional Stamp Duty rate.

anonymous-user

54 months

Friday 10th November 2017
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RacerMDR said:
that is totally fair and I completely respect that. Maybe it comes down to politics a little bit too.

I won't open a can of worms, but let's just say, I don't agree with how the money is spent.

If say my tax bill was 100k a year - and I knew that 20k schools, 20k hospitals, 20k services , 20k pensions, 20k military - then I would deemed it acceptable.

At the minute it goes into a total black hole of incompetence, and thus I begrudge it.
I get your point - but doesn't most of the incompetence (waste etc) take place within the actual institutions (whether they are the ones you have picked or others)?

RacerMDR

5,505 posts

210 months

Friday 10th November 2017
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Roman Rhodes said:
RacerMDR said:
that is totally fair and I completely respect that. Maybe it comes down to politics a little bit too.

I won't open a can of worms, but let's just say, I don't agree with how the money is spent.

If say my tax bill was 100k a year - and I knew that 20k schools, 20k hospitals, 20k services , 20k pensions, 20k military - then I would deemed it acceptable.

At the minute it goes into a total black hole of incompetence, and thus I begrudge it.
I get your point - but doesn't most of the incompetence (waste etc) take place within the actual institutions (whether they are the ones you have picked or others)?
well yes of course - these places are not run well.........but I can stomach that. Although of course want to see it improved. I'm not close enough to understand if it's they simply don't have enough money, or if they are being wasteful......I imagine a bit of both.

I see how much is wasted in my line of work..........and that's private sector, so I can only imagine.

However, throwing money outside of the UK, when we don't have enough here to manage our own Business (Country) - is a disgrace.


Tony33

1,121 posts

122 months

Friday 10th November 2017
quotequote all
andy_s said:
Tony33 said:
ow someone will probably prove me wrong and say anyone can do it who pays tax but the impression I get is these schemes are only viable to the very rich as the entry fees are so expensive. Tales of people paying nearly £1 million to advisors for whom the net gains are very well worth it.

So there seems a threshold of earnings at which avoidance becomes more possible. I think this is the bit that seems most unfair.
Well, it's a bit like saying it's not fair that we can all legally buy a Ferrari but most can't afford to - in a way. Look at Hamilton - to lower his tax bill he's had to move to a place where a one bed flat is over a million quid; this only makes sense if you get a net benefit which he clearly does. That wouldn't apply to me or you as we're a bit more impoverished - I do get the point - but you've got to spend a lot of money to save a lot of money, you can spend a little money to save a little money (duty free), but you can't spend a little money to save a lot of money - particularly as you don't have a lot of money to save anyway... smile
Not really sure I get the Ferrari analogy. I think being able to afford to pay less tax is a bit different to being able to afford a luxury item, at least from a moral standpoint. It is easy to accept that most can't afford a Ferrari but being able to avoid tax through being able to afford to pay someone to make it happen seems harder to accept.

Guvernator

13,158 posts

165 months

Friday 10th November 2017
quotequote all
Roman Rhodes said:
I get your point - but doesn't most of the incompetence (waste etc) take place within the actual institutions (whether they are the ones you have picked or others)?
Waste within the institutions
hair brained schemes
No joined up thinking so some things get done twice (badly) or you have people pulling in different directions so project scopes change
Consensus by committee which means every thing takes three times as long
Big projects which are poorly managed and over budget
Lifers on the payroll who couldn't get a job elsewhere but are perfectly acceptable in the public sector
Inordinate amounts of red tape
Everything costing local\central government three times as much as it would in the private sector because it's not real money and no one is held accountable

Put it this way, If most of the government departments operated in the private sector where inefficiency and poor management actually has real financial consequences , they'd be out of business within a year but the tax payer is the one who foots the bill or they just put it on the never never so that whole just gets bigger and bigger.

steviegunn

1,416 posts

184 months

Friday 10th November 2017
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Halb said:
Ahh, soz.

What do you think of universal basic income?
https://www.theguardian.com/society/2017/feb/19/ba...
I used to think it was all a bit too Commie for my liking, but thinking about the benefits of a UBI more there are quite a few positives to consider before dismissing the idea completely.

Reduced bureaucracy, no means testing, no form filling, UK Citizen over 18, under 67, simple monthly payment, scrap all other benefits, though include an added uplift for disability (subject to assessment), nothing more, save on DWP staff.

Commit a crime, lose your UBI, make crime have consequences for a strata of people who currently have nothing to lose (at least on a material level), could see a reduction in crime rates.

Get rid of tax allowances, the UBI replaces all allowances, everyone receives it regardless of income, want a better life than can be afforded on UBI work for it, gets rid of the "Poverty Gap".

Tie it to carrying out several weeks a year of voluntary work or public service; working for charities, working on community projects, serving in a Territorial Army, be a Special Constable, an RNLI volunteer, Mountain Rescue, etc, etc, more potential central and local governmental savings.

A proper holistic approach could make a UBI quite an attractive proposition and bring a sense of community which would have other less tangible but non the less wide ranging benefits to British society.

On second thoughts it's still a bit Commie.

Stickyfinger

8,429 posts

105 months

Friday 10th November 2017
quotequote all
But what about the cost of clearing up the mess made by thousands of accountants jumping out of windows and landing on Bunnies/Children !

anonymous-user

54 months

Friday 10th November 2017
quotequote all
steviegunn said:
I used to think it was all a bit too Commie for my liking, but thinking about the benefits of a UBI more there are quite a few positives to consider before dismissing the idea completely.

Reduced bureaucracy, no means testing, no form filling, UK Citizen over 18, under 67, simple monthly payment, scrap all other benefits, though include an added uplift for disability (subject to assessment), nothing more, save on DWP staff.

Commit a crime, lose your UBI, make crime have consequences for a strata of people who currently have nothing to lose (at least on a material level), could see a reduction in crime rates.

Get rid of tax allowances, the UBI replaces all allowances, everyone receives it regardless of income, want a better life than can be afforded on UBI work for it, gets rid of the "Poverty Gap".

Tie it to carrying out several weeks a year of voluntary work or public service; working for charities, working on community projects, serving in a Territorial Army, be a Special Constable, an RNLI volunteer, Mountain Rescue, etc, etc, more potential central and local governmental savings.

A proper holistic approach could make a UBI quite an attractive proposition and bring a sense of community which would have other less tangible but non the less wide ranging benefits to British society.

On second thoughts it's still a bit Commie.
It does make a lot of sense. Not least kicking the benefit trap into touch, which is a pretty perverse symptom of the current system.

andy_s

19,400 posts

259 months

Friday 10th November 2017
quotequote all
fblm said:
steviegunn said:
I used to think it was all a bit too Commie for my liking, but thinking about the benefits of a UBI more there are quite a few positives to consider before dismissing the idea completely.

Reduced bureaucracy, no means testing, no form filling, UK Citizen over 18, under 67, simple monthly payment, scrap all other benefits, though include an added uplift for disability (subject to assessment), nothing more, save on DWP staff.

Commit a crime, lose your UBI, make crime have consequences for a strata of people who currently have nothing to lose (at least on a material level), could see a reduction in crime rates.

Get rid of tax allowances, the UBI replaces all allowances, everyone receives it regardless of income, want a better life than can be afforded on UBI work for it, gets rid of the "Poverty Gap".

Tie it to carrying out several weeks a year of voluntary work or public service; working for charities, working on community projects, serving in a Territorial Army, be a Special Constable, an RNLI volunteer, Mountain Rescue, etc, etc, more potential central and local governmental savings.

A proper holistic approach could make a UBI quite an attractive proposition and bring a sense of community which would have other less tangible but non the less wide ranging benefits to British society.

On second thoughts it's still a bit Commie.
It does make a lot of sense. Not least kicking the benefit trap into touch, which is a pretty perverse symptom of the current system.
I have to say I'm all for it, maybe there will be unintended consequences but it looks like an idea for serious consideration at least.

Lower tax to increase revenue to help pay for it and you have a perfect left meets right society that no one can moan about. What on earth would we do all day?! smile

Halb

53,012 posts

183 months

Friday 10th November 2017
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Shag?

James_B

12,642 posts

257 months

Friday 10th November 2017
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Roman Rhodes said:
The main point is that "the poor don't pay much tax because they are poor". Would you support those "at the other end of the scale" paying more tax so that "most households" receive more?
I’d support the tax bill being spread more fairly, which would mean the additional,rate being dropped back to 40%, as it was for so long under Labour, my being allowed to fund my pension again, and the personal allowance being returned to higher earners.

To make up,the gap, I’d add a couple of pence onto the basic rate.

anonymous-user

54 months

Friday 10th November 2017
quotequote all
James_B said:
I’d support the tax bill being spread more fairly, which would mean the additional,rate being dropped back to 40%, as it was for so long under Labour, my being allowed to fund my pension again, and the personal allowance being returned to higher earners.

To make up,the gap, I’d add a couple of pence onto the basic rate.
You aren't really anywhere near the upper middle part of the priority list, so you will be waiting a fair while for that to happen.

anonymous-user

54 months

Friday 10th November 2017
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James_B said:
I know that many people deride this idea, but it’s clearly true. People earning millions a year tend to have a choice about where to live. You can nearly double your take-home if you spend a year in Dubai, and you’re not far off doubling it in a fair few other places. I’ve a few friends who’ve done this, so the UK went from getting half a million a year from them to getting nothing at all.
Did the jobs go unfilled or did someone else do them?