Foreign jurisdictions

This subtopic contains information on a range of foreign jurisdictions which the private client practitioner is likely to encounter when advising internationally mobile clients on their tax and estate planning. Topics covered include personal taxation, trusts, companies, foundations, succession laws and regulatory regimes. We shall continue to add content on these and other jurisdictions, depending on the needs of our clients.

The following subtopics may also be useful:

  1. International private client—general principles—overview

  2. Cross-border planning (and private client)—overview

  3. Foundations—overview

  4. Offshore companies (and private client)—overview

  5. Offshore trusts—general principles—overview

  6. Private client and private international law—overview

For information on the execution of contracts and deeds in various jurisdictions, see Practice Notes: Execution of deeds—jurisdictional guide, Execution of contracts—jurisdictional guide and E-signatures—jurisdictional guide.

Information on Scotland can be found in several subtopics in the Private Client in Scotland topic.

Bermuda

Practice Notes

  1. Bermuda trusts

  2. Private Client—Bermuda—Q&A guide

  3. Economic

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All in? Court confirms when a settlement is 'made' for the purposes of excluded property (Accuro Trust (Switzerland) SA v The Commissioners for HMRC)

Private Client analysis: This case considered the meaning of 'relevant property' under the settlements regime of the Inheritance Tax Act 1984 (IHTA 1984) and, in particular, the time at which this definition is to be tested. The question arose as to whether the trustees of an offshore trust established by a non-UK domiciled settlor were subject to the UK settlements regime in respect of property added to the trust after the settlor became deemed domiciled in the UK, or whether they were exempt from such charges as the trust consisted solely of excluded property. The First-tier Tribunal (FTT) held that whether trust property is excluded property is based on the status of the trust at the time that it was established, not at the time that the property in question was added to the settlement. As a result, the trust in this case did consist solely of excluded property and no inheritance tax (IHT) charges arose as a result of either the ten-year anniversary or capital distributions. The FTT was also asked to consider whether their jurisdiction was appellate, or supervisory only. The FTT held that, while their jurisdiction was supervisory, the questions raised by the trustees were relevant in establishing whether HMRC had acted reasonably and that the outcome (ie that the paid IHT should be refunded and that no further IHT was due) would be the same in either case. Written by Katherine Willmott, senior associate solicitor at Foot Anstey LLP.

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