Enterprise Investment Scheme
A long-standing client spoke to us about a new business idea. We highlighted the possibility of attracting HMRC approved tax relief for him and his business partners’ initial capital investment, using the Seed Enterprise Investment Scheme and the Enterprise Investment Scheme. We were instructed to review the structure of the business and advise on the strict rules under both schemes. We successfully applied for HMRC advance clearance and worked with corporate colleagues to ensure that the practical issues of creating the company and issue of shares were handled correctly. The business venture also involved some trust and property work and by drawing on our breadth of experience in these areas the entire project was managed within the firm.
We advised an individual who had a history of being both UK and non-UK tax resident, on his latest return to the UK from abroad. We considered his domicile position and concluded that he was not domiciled in the UK under general law and worked with his investments advisors to develop a strategy for managing his wealth in a UK tax efficient manner. On reviewing his residence position we also advised on delaying his return to the UK to ensure that he was both not deemed domiciled in the UK for Inheritance Tax purposes and was not liable to pay the remittance basis charge for the first 7 years of UK tax residence, following his return. We continue to offer tax support in relation to his on-going affairs, in particular dealing with the impact of the remittance basis rules on his use of funds in the UK.
French Social Security Charges
We advised a UK based employee who was resident in France in relation to their liability to National Insurance Contributions in the UK and the equivalent French Social Security charges. We worked alongside the French accountants in agreeing both the employee’s and employer’s liability in France. We managed the whole process with minimal intervention from the employee concerned and not only secured a full refund of UK National Insurance Contributions for the period concerned, but also brought their French Social Security record up to date.
Inheritance Tax - conditional exemption
Conditional exemption is just what it says on the tin – there is exemption from inheritance tax for as long as the heirs comply with conditions, the main one being public access. Many items in museums or on show in houses open to the public are covered by conditional exemption, as are many ancient monuments and treasured landscapes. This is a very niche area of tax, on which we assist and advise clients on a regular basis. Recent examples include a collection of paintings, important archives of historical interest and several ancient monuments.
Inheritance Tax – business property relief
The clients’ accountants thought that no relief was available and that the IHT bill was just short of £300,000. After an extremely technical argument with HMRC, which went on for some time, the IHT bill was agreed at nil.
“Long lost” US shares
A client had moved house several times and forgot to tell a US company in which he owned shares. After two years of dividend cheques being returned to them as “not known at this address”, the company transferred his shares to the State. The client remembered, about 15 years later, that the shares existed. We eventually recovered about £250k from the State in question and the client paid tax only on the movement in the US dollar between the date the shares were transferred to the State and the date he received the funds, not on the capital gain on the sale of the shares, which would have been substantial. This involved research into the legal effect of the transfer of the shares to the State, and writing to HMRC setting out why only the movement in the exchange rate was taxable. The Revenue themselves found it an extremely difficult technical point but agreed with our view in the end.