From the Shipleys Tax Team!

Eid ul Adha

Eid ul-Adha is the latter of the two Islamic holidays (the first being Eid ul Fitr) celebrated worldwide each year. It honours the willingness of Ibrahim (Abraham) to sacrifice his son Ismail (Ishmael) as an act of obedience to God’s command. At the point Ibrahim was to sacrifice his son, however, God provided a lamb to sacrifice instead.

Who Celebrates Eid ul-Adha in the UK?

With nearly 2.8 million Muslims living in the United Kingdom, which equals about 4.8% of the population, Islam constitutes the second largest religion in the country, after Christianity.

How is Eid ul-Adha celebrated in the UK?

On Eid ul-Adha, Muslims in the UK usually start the day by performing ghusl, a full-body purification ritual. They then dress in their finest outfits and attend a prayer service at an outdoor prayer ground or the local mosque. Afterward, it is customary to embrace and wish each other Eid Mubarak, which translates as “have a blessed Eid,” give gifts to children, and visit friends and relatives.

One of the central rituals on Eid al-Adha is “Qurbani”, the act of sacrificing a sheep, goat, or cow. The meat is then divided between family, friends, and the poor. Other Muslims give money to charity to give poorer families the chance to have a proper Eid feast.

Eid ul-Adha has a celebratory character, and the day may be rounded off by visiting funfairs or festivals held for the occasion in some British cities.

Eid ul-Adha Food

In contrast to Eid ul-Fitr, which is nicknamed the “Sweet Eid” for its variety of sweet dishes, Eid ul-Adha is often called the “Salty Eid” because the feast includes mainly savoury food.

Popular dishes include Kebab (boneless cooked meat), Haleem (a stew usually made from meat, wheat, and lentils), and Biryani (a spicy meat and rice dish originally from India). The meal is usually rounded off by a sweet dessert, featuring cakes, biscuits, or sweet pastries like Turkish baklava.

The Hajj – and its connection with Eid ul Adha

Muslims celebrate Eid ul-Adha on the last day of the Hajj. The Hajj is pilgrimage to Makkah in Saudi Arabia. It occurs every year and is the Fifth Pillar of Islam (and therefore very important).

All Muslims who are fit and able to travel should make the visit to Makkah at least once in their lives.

During the Hajj the pilgrims perform acts of worship and renew their faith and sense of purpose in the world.

This year it was reported around 2.5 million Muslims from all over the world visited Makkah for Hajj.

The Ka’bah

The Ka’bah (black cube) is the most important monument in Islam. Pilgrims walk around the Ka’bah seven times and many of them try to touch the Black Stone (deemed to be a stone from heaven) located at the corner. Contrary to popular belief, muslims do not worship the Ka’bah, nor does it actually house God, it is a symbol of faith and unity. The Kaba is the direction of their prayer, not the object of it. This misconception stems from the fact that Muslims are seen bowing and prostrating in front of the Kaba in pictures. 

IN A RECENT tax spotlight report, HM Revenue and Customs (HMRC) has highlighted a supposed school fees tax planning scheme that has gained popularity among owner managed companies. HMRC suggests in this report that the particular scheme, which aims to fund education fees through dividend diversion to their minor children, does not work as the arrangements are caught by specific anti-avoidance legislation (https://www.gov.uk/guidance/dividend-diversion-scheme-used-to-fund-education-fees-spotlight-62).

In today’s Shipleys Tax brief, we look at school fees tax planning in light of HMRC report above and ask: is there still room for sensible school fees planning?

In a nutshell

In the report HMRC explain the arrangement involves a company issuing a new class of shares, which are then bought by a relative of the company owner for a sum considerably below market value. These shares are gifted to a trust for the company owner’s children. The trust then receives substantial dividend payments, which are taxed at a much lower rate due to the children’s personal tax-free allowance, dividend allowances, and basic tax rate eligibility.

However, HMRC state that this scheme is ineffective as it contravenes specific anti-avoidance legislation covering similar arrangements aiming to provide certain tax advantages. HMRC has strongly advised anyone involved in such schemes to withdraw from them and settle their tax affairs.

Those who have implemented such schemes now face the daunting task of untangling their financial affairs, rectifying their tax compliance status, and potentially confronting substantial HMRC penalties. This scenario underlines the complexity and risks inherent in engaging with such tax avoidance strategies.

So, school fees planning is dead?

Not quite.

Legitimate tax planning, which encompasses school fee planning, is still very much a viable and acceptable practice. This holds true as long as the planning is carried out in a non-artificial or non-abusive manner. Like all forms of tax planning, school fee planning should be grounded in genuine financial activity.

It is essential to understand that while attempting to optimise tax liabilities is acceptable, artificial or abusive arrangements is where the problem begins. As long as there is a genuine financial activity underpinning these plans, and not just contrived setups designed solely for tax avoidance, they are likely to be accepted by HMRC.

Next Steps

If you are involved in any school fee tax scheme you should take immediate professional advice which may include:

• cease, desist and withdraw from making any further distributions to fund school fees

• settling tax affairs which make include making unprompted disclosures to HMRC as this should mitigate the penalty position

• unwinding any structures/trusts, however, one will need to be alive to the tax consequences of doing so

• updating the trust register with HMRC, if applicable.

Future of School Fees Planning

Could there be situations where affluent families, non-parent family members, or relatives can genuinely transfer income-producing assets without falling foul of the anti-avoidance rules?

In short, yes – but with conditions.

In cases where families or relatives genuinely aim to fund a child’s education (excluding parents of minor children), there are still sensible and legitimate strategies which can mitigate taxes whilst steering away from the contrived and artificial arrangements which may be caught.

Also, one should note that the gifting of assets can lead to tax liabilities, exposing the donor to capital gains tax and inheritance tax. As such, it is prudent to seek professional tax advice before entering any planning.

Final Words

When done ethically and transparently, sensible school fee tax planning can be effective for those aiming to support a child’s education. However, it is imperative to steer clear of artificial arrangements which carry considerable financial repercussions.

Always consult with a reputable tax adviser before making any decisions about school fees tax planning.

At Shipleys Tax, our tax planning strategies are always designed to be sensible, practical and transparent, giving you peace of mind that your tax affairs are fully compliant with all relevant legislation.

If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.

Please note that Shipleys Tax do not give free advice by email or telephone.

NON-DOM TAX PLANNING has been a hot topic for a long time. Stirring up a whirlwind of controversy and used as a political football in intense debates. This special rule, which helps some UK residents with their permanent homes in another country to pay tax only on their UK earnings, has been under the spotlight many times. Seen as a nifty arrangement for individuals with substantial international income, it’s a hot topic that has both its staunch defenders and determined detractors.

However, all this might soon culminate in a massive change. The Labour Party, who are gearing up for the upcoming general election next year, have plans to do away with this rule entirely. They believe that this would make taxes fairer and could also fill up the government’s coffers a bit more. This looming possibility of change could drastically shift the way people with a lot of income from abroad handle their taxes.

In this article, we’re going to simplify and demystify  the ‘non-dom’ tax issue. We’ll also explore how this potential change is driving a renewed urgency for strategic tax planning, and why engaging with tax professionals is now more crucial than ever.

Non-dom in a nutshell

In the UK, the non-domiciled (non-dom) tax status presents a unique opportunity for certain residents, especially those with foreign income and gains. Second and third-generation immigrants, whose parents were born outside the UK, can generally take advantage of non-dom status where it involves trade income, investment income, and salary.

Understanding Non-Dom Status

A non-dom is a UK resident for tax purposes with a “domicile of origin” outside the UK. Domicile is a complex legal concept that typically refers to an individual’s long-term or permanent home. Generally, an individual acquires their domicile of origin at birth, usually from their father. Non-dom status allows residents to use the remittance basis of taxation, which means they are only taxed on their UK income and any foreign income or gains remitted to the UK. This can result in significant tax savings for those with substantial foreign income or gains.

Taking Advantage of Non-Dom Status

For second and third-generation immigrants, the key to taking advantage of non-dom status lies in their domicile of origin. If their parents were born outside the UK and they can prove their domicile of origin is in another country, they may be eligible for non-dom status. Here are some examples of how they can benefit from this status:

1. Trade Income: A second or third-generation immigrant who runs an overseas business can opt for the remittance basis to avoid UK tax on profits earned abroad. By not remitting these profits to the UK, they will only be taxed on their UK-sourced trade income.
2. Investment Income: If a second or third-generation immigrant has foreign investments, they can use the remittance basis to avoid UK tax on dividends, interest, and other investment income generated outside the UK. By only remitting a portion of their foreign investment income, they can minimize their UK tax liability.
3. Salary: If a second or third-generation immigrant receives a salary from both UK and non-UK employers, they can use the remittance basis to avoid UK tax on the non-UK portion of their salary, provided they don’t remit this income to the UK.

Potential Pitfalls

While non-dom status offers tax advantages, there are potential pitfalls that second and third-generation immigrants should be aware of:

1. Annual Remittance Basis Charge (RBC): Non-doms who choose the remittance basis and have been UK residents for a certain number of years may be subject to an annual RBC. Currently, RBC amounts and residency thresholds are:

a. £30,000 per year for individuals who have been UK resident in at least seven of the previous nine tax years.

b. £60,000 per year for individuals who have been UK resident in at least 12 of the previous 14 tax years.

c. £90,000 per year for individuals who have been UK resident in at least 17 of the previous 20 tax years.

2. Loss of Personal Allowance and CGT Annual Exemption: Non-doms who choose the remittance basis lose their income tax personal allowance and CGT annual exemption for that tax year.

3. Increased Complexity and Administrative Burden: Non-doms must maintain detailed records of their foreign income, gains, and remittances, which can result in increased complexity and administrative costs.

The end is nigh…

However, the landscape of non-dom tax planning, which has served as an influential factor for many high-net-worth individuals choosing to reside in the UK, may potentially undergo significant transformations. The potential abolition of the non-dom status by the Labour Party, if they win the upcoming election, could dramatically change the tax planning strategies for those currently benefitting from the status. While this potential move may be aimed at ensuring greater tax fairness and equity, it may also necessitate an overhaul of current tax planning mechanisms.

Such potential reforms underscore the importance of proactive tax planning. Individuals and businesses impacted should closely monitor these developments and consider alternative tax planning strategies in case of any changes to the non-dom regime. Engaging with tax advisors will be essential to navigate the possible shifts and mitigate any potential adverse tax implications.

Conclusion

For second and third-generation immigrants in the UK, the non-dom status can offer significant tax advantages, particularly for those with substantial overseas income and gains, despite the potential pitfalls, such as the annual remittance basis charge, loss of personal allowances and exemptions.

However, with the potential policy shift on the horizon, it is essential to be mindful of the shifting sands of tax policy. The prospect of the Labour Party doing away with the non-dom status in the upcoming general election presents a moment of uncertainty.

In these times, it’s key to be aware of potential challenges that come along with change – possible increases in taxes, adjustments to personal allowances and exemptions, and the potential for increased administrative complexities.

In the end, while non-dom status has been a significant windfall for many, the potential abolition of this policy could cause a seismic shift in tax planning strategies. Navigating this change effectively will hinge on understanding the evolving landscape and seeking expert advice to adapt successfully to the potential new normal.

If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.

Please note that Shipleys Tax do not give free advice by email or telephone.