Young globe-trotters set to be winners with inheritance tax changes

September 2013

Young globe-trotters set to be winners with inheritance tax changes

Globalisation is leading more young professionals into international work and they look set to be the winners in changes in inheritance tax rules in the UK, designed to reflect the lifestyle changes of the rising tide of overseas workers, who are increasingly likely to marry someone from a different country. 

The 2013 Budget introduced two important changes to the inheritance tax (IHT) rules that will benefit couples, where one partner is domiciled abroad.

From 6th April the IHT exemption on gifts to a non-domiciled spouse, has been raised from £55,000 to £325,000 and non-domiciled spouses have been given the option to elect to be UK domiciled for IHT tax purposes.

Domicile is a concept that has no precise legal or statutory definition. It has nothing to do with residence, so a person stationed abroad for work will still be domiciled in the UK. 

It also has little to do with nationality, as an Englishman who has settled in the States might have acquired US domicile for example. It is more to do with a sense of homeland or mother-country.  At birth everyone has a domicile of origin, for example the domicile of one’s father, in the case of a child living with the father, and one can acquire a new domicile - called a domicile of choice - by moving to another country with the intention of settling there permanently.   

However, there is also what is known as deemed domicile for IHT purposes. If you have been resident in the UK for 17 of the last 20 years, before a gift or death that gives rise to an IHT event, you will be deemed to be UK domiciled for IHT.

But non-domiciled individuals have generally been treated differently for IHT; they only have to pay IHT on assets that are situated in the UK, whereas UK domiciled taxpayers must pay IHT on all that they own, even foreign assets.

Obviously it would be easy for a UK taxpayer to avoid IHT, by transferring assets to a non-domiciled spouse, who would then move them abroad. And that is why the exemption for gifts between spouses has always been limited where the gift is to a non-domiciled spouse. From the mid-1980s the limit stood at £55,000 (the nil rate band at the time), so the increase to the current nil rate band of £325,000 is being hailed as long overdue.

The other reform is that a non-domiciled spouse can now elect to be treated as having UK domicile for IHT purposes and, by doing so, qualify for an unlimited spouse exemption. Once made, the election cannot be revoked while the individual is living in the UK. But if the individual leaves the UK and lives abroad for more than four years, the election will no longer be effective.

Said private client expert Jane Dwyer, solicitor at Aylesbury-based law firm Parrott and Coales: “This is an issue that is becoming more and more common with globalisation.  It will be important to weigh up the advantages of an unlimited spouse exemption against the disadvantage of having all one’s worldwide assets made subject to IHT.

“It is likely to be advantageous to young international professionals who are quickly accumulating wealth in the UK, but who do not as yet have wealth abroad.  Although it’s likely to be a different calculation for taxpayers in middle age or later, who have either had time to accumulate wealth abroad or who have inherited from their parents.”

To find out more about the changes to inheritance tax made in the 2013-14 Budget, announced in March this year, read our previous blog: 'The red briefcase and how it affects inheritance tax...'

Employment Updates - July 2013

 

 

Fees Payable in the Employment Tribunal - Reminder

 

Just a quick reminder that as from Monday 29 July 2013 fees are payable to present a complaint to the Employment Tribunal.  For a complaint of unfair dismissal, the fee to issue the proceedings is £250, with a further fee of £950 payable in advance of the hearing.  These fees are payable by the employee unless they qualify for remission.  If the complaint is upheld, however, it is likely that the employer will be ordered to repay the amount of these fees to the employee.    

 

New employment tribunal rules of procedure also come into force on 29 July 2013. 

 

 

Unfair Dismissal Cap

 

From Monday 29 July 2013 the maximum compensatory award payable for a successful complaint of unfair dismissal changes to £74,200 (the current limit) or one year’s pay, whichever is the lower. 

 

 

Pre-Termination Negotiations

 

Confidential pre-termination negotiations come into force on 29 July 2013.  From this date, employers can make offers of settlement to employees even where there is no current dispute and these offers cannot be used as evidence in cases of ordinary unfair dismissal (unless there was some ‘improper behaviour’ by the employer). 

 

Also from 29 July 2013 Compromise Agreements are re-named “Settlement Agreements”. 

 

ACAS has published a Code of Practice to accompany the above, which can be found at:

 

http://www.acas.org.uk/media/pdf/j/8/Acas-Code-of-Practice-on-Settlement-Agreements.pdf.

 

 

Sickness & Holiday

 

Currently, employers have to provide workers with 5.6 weeks’ paid holiday, which is made up of 4 weeks’ ordinary leave and 1.6 weeks’ additional leave.  Although workers should be allowed to carry over the 4 weeks’ ordinary leave to the next leave year if they are unable to take holiday due to sickness, the Employment Appeal Tribunal has recently ruled that the 1.6 weeks’ additional leave does not carry over automatically in the absence of any agreement between the parties.  The case in question is Sood Enterprises v Healy [2013] UKEAT