Advice/info on moving to minimize tax, IoM?
Advice/info on moving to minimize tax, IoM?
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Discussion

Mario149

Original Poster:

7,789 posts

207 months

Friday 18th October 2013
quotequote all
I've just finished reading through the 'Top 1% of earners now paying (almost) 30% of all income tax' thread over on NP&E and it's got me thinking....

In spring '15 my gf and I are looking at moving to France for 6 months with a view to possibly splitting our time 50-50ish between there and the UK should it be successful (we'd probably rent long term out there rather than buy). We're both in luck as there are currently many working from home options for us so that's not an issue, although I'd need to be within a couple of hours of London on a plane.

But, is there potentially a way to throw being resident on the Isle of Man in the mix to minimize tax we pay? At an initial estimate just on savings on income tax alone we're looking at about a 20% increase in combined net income, which would probably increase a bit more when you take in to account the fact that we'd be getting other income from rental properties which I think would be taxed at a rate lower than that of the UK. And let's not even talk about the derestricted roads and having the Isle of Man TT to watch.... woohoo

The setup might be:

Own 1 property on IoM, live there minimum of 90 days/year, be resident there
Own 1 property in UK (London), visit a max of 90 days/year
Rent 1 property in France, live there for the balance of the year 180+ days

Is this feasible in a legal sense? My questions are:

1) My understanding of IoM residency requires that you spend more than 90 days/year there over 4 years or show some intent to keep a real home there i.e. buy a place and have it for your personal use (it's not exactly clear to me: http://www.gov.im/media/97083/pn14407taxresidencei... this correct?
2) if you become resident in the IoM, does it automatically mean you are no longer a UK resident and subject to UK income taxes, or do you have to register your 'unresidency' in the UK?
3) are there instances, rental income for example, where if the rented property was in the UK, we'd still end up paying UK tax on the rental income in addition to IoM taxes?
4) my understanding is that is we spent more than 90 days/year in the UK, we'd still be liable for UK income tax, is this correct?

Any info much appreciated smile

Eric Mc

125,609 posts

294 months

Friday 18th October 2013
quotequote all
Way too complicated a set up to be looking for advice on a general forum like this.

You need to talk to a specialist on

UK tax residence and domicle
Isle of Man tax residence and domicle
French tax residence and domicle

Mario149

Original Poster:

7,789 posts

207 months

Friday 18th October 2013
quotequote all
Thanks Eric smile I wasn't looking for real specifics, maybe just someone who had done similar, or maybe looked at it like a couple of guys on the other thread just so that I could get a vague idea of whether it was proper fairy land stuff

Eric Mc

125,609 posts

294 months

Friday 18th October 2013
quotequote all
Tax residency is a very complex situation and establishing residency in another jurisdiction is generally not easy and expensive to set up - especially when the whole point of the move is to avoid tax and is not a "real" situation.

Mario149

Original Poster:

7,789 posts

207 months

Friday 18th October 2013
quotequote all
For the record we are actually considering moving out of London to the countryside/somewhere quieter anyway, so it just raised the question in my head, why not move a bit further out if it means we can save on tax as well

Eric Mc

125,609 posts

294 months

Friday 18th October 2013
quotequote all
Don't let tax rule major decisions in your life - unless you are a multi-millionaire of course and you can afford the cost of complicated and expensive tax avoidance schemes.

Spending more than 90 days in the UK is enough to make you a UK tax resident.
Maintaining UK property is enough to keep you UK tax resident.

As I said, it's complicated.

E53IOM

8 posts

186 months

Friday 18th October 2013
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All sound advice from Eric Mc. Your plan wouldn't work I'm afriad.

Mario149

Original Poster:

7,789 posts

207 months

Friday 18th October 2013
quotequote all
Just to clarify, what exactly would make it so expensive to instigate all of this? I mean, to simplify the case, if one were to just sell up in the UK, up sticks to the Isle of Man, buy a place there and just live and wfh there, I'm not seeing the cost?

Eric Mc

125,609 posts

294 months

Friday 18th October 2013
quotequote all
You can't just do that.

The Isle of Man has restrictions on who can live there. The same goes for the Channel Islands.

toohuge

3,473 posts

245 months

Friday 18th October 2013
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Mario149 said:
Just to clarify, what exactly would make it so expensive to instigate all of this? I mean, to simplify the case, if one were to just sell up in the UK, up sticks to the Isle of Man, buy a place there and just live and wfh there, I'm not seeing the cost?
Moving to tax efficient nations is not always as easy as we would hope, especially within the UK.

There are other options, further afield, the Caribbean for example is very simple with citizenship by investment and other programmes in europe will allow for residency and potentially more favourable tax climates.
Chris

johnfm

13,751 posts

279 months

Friday 18th October 2013
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Doubt you could keep a UK house and not be resident. I expect you'd need to tranfer it to a trust of some sort - incurring SDLT on the transfer.

snowley

183 posts

155 months

Friday 18th October 2013
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The expense comes from the advice you are given in the first instance to set up the scheme you have mentioned and then maintaining this.

If you are looking at being in all 3 countries there are so many different regulations on domiciled/non domiciled and the whole area is very grey in itself.

This is why you should always seek prof advice.

Sounds like a lovely idea though, would love to live in France!!

ps, if you are deadly serious about seeking some advice, the firm I work for specialise in this area of tax so drop me a pm.

sumo69

2,164 posts

249 months

Friday 18th October 2013
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The UK residency tests were enacted into law from April 2012 - there are a number of tests to go through but the old "90 day rule" and your resident is history.

Whilst I have advised several emigrating clients, none have gone to gain residency in a "tax advantaged" country and they have all obtained local advice as well.

Incidentally, NZ have a 4 year tax-free window on worldwide income to immigrants, so lots of UK dividends being paid as they are effectively tax free here as well for a non-resident!

So speak to a specialist firm who may know all the rules in all the countries or gain advice in each individual one - in all honesty, whilst more expensive the former is probably best in my opinion.

David

TurricanII

1,516 posts

227 months

Sunday 20th October 2013
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Eric Mc said:
You can't just do that.

The Isle of Man has restrictions on who can live there. The same goes for the Channel Islands.
You CAN do this. There is no restriction on immigration so long as you are in the UK/EU legally. There is an onerous work permit scheme that you need to go through if you are employed in the IOM. Anyone can buy a house, even if not resident, but house prices are quite high. Travel to/from IoM is a pain and subject to frequent interruption from the weather. Being separated from friends and family not to be underestimated.


anonymous-user

83 months

Sunday 20th October 2013
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Actually its very easy to 'move' to a lower tax country, you just need an income there, ether earned or unearned, the big problem is loosing the residency in the uk, I had to file 5 succesive nil returns before I had a letter saying I no longer need to file, I've read and understand the new uk resident rules and avoid getting back in, but if you have uk source income then you will pay uk tax on it regardless of where you live, (as a general rule).you need to remover that you pay tax where income is earned, where you are resident generally in that order.