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The UK has long been a premier destination for internationally mobile individuals due to its stability, legal system, educational opportunities, and cosmopolitan lifestyle.
However, recent policy changes have reshaped the immigration landscape, necessitating careful planning for those considering relocating to the UK.
In February 2022, the UK closed the Tier 1 (Investor) route, significantly impacting high-net-worth migration.
The focus has shifted towards visa categories that require active engagement with UK businesses and often need endorsement from third-party organizations.
On 6 March 2024, the UK Chancellor introduced major tax regime changes affecting UK-resident, non-UK domiciled individuals.
These changes will influence decisions for those already in the UK or considering a move, highlighting the importance of integrated tax and immigration planning to achieve long-term residency or citizenship goals.
Both routes offer accelerated paths to indefinite leave to remain (ILR) after three years, unlike the standard five-year requirement.
Visas are also available for those with a family connection to the UK, including partners of British citizens or permanent residents and individuals with UK ancestry.
This newly launched program allows significant investment in approved Hong Kong assets, leading to residency and potential permanent status after seven years.
Programs in countries like Antigua and Barbuda, Grenada, and St. Kitts and Nevis offer fast-track citizenship through investment, with benefits including visa-free travel to over 145 countries.
For clients considering international relocation, it’s crucial to navigate the complex interplay of immigration laws, tax implications, and family considerations.
With expert guidance from specialized immigration and tax advisors, clients can make informed decisions about their relocation strategies, ensuring compliance and optimizing their relocation outcomes.
If you have any queries about this article on High Net Worth Immigration Options then please get in touch.
Malta, renowned for its strategic Mediterranean location and stable political environment, offers an attractive residence option through the Malta Permanent Residence Programme.
This program allows non-Maltese individuals to acquire a permanent European residence permit, providing a path to living in an EU country and enjoying visa-free travel within Europe’s Schengen Area.
The Malta Permanent Residence Programme comes with several significant benefits:
Applicants must meet specific requirements to be eligible for this program:
The application process for the Malta Permanent Residence Programme is managed by the Residency Malta Agency. The procedure involves:
The process is designed to be straightforward and efficient, ensuring that qualified applicants can start their new life in Malta with minimal hassle.
The Malta Permanent Residence Programme offers a unique opportunity for non-EU nationals to gain a foothold in Europe.
With its comprehensive benefits, including the ability to live indefinitely in Malta and travel visa-free across the Schengen Area, coupled with a manageable investment requirement, this program stands out as an appealing option for those seeking to invest in a stable, culturally rich, and strategically located European country.
If you have any queries about this article on Malta’s Golden Visa, or any Maltese tax matters, then please get in touch.
The Portugal Golden Residence Permit Program, often referred to as the Portugal Golden Visa Program, offers a compelling five-year residence by investment opportunity for non-EU nationals.
This program allows investors to live, work, and study in Portugal while enjoying visa-free access to the Schengen Area.
With a minimal physical presence requirement averaging just seven days per year, this program not only facilitates ease of living but also paves the way for citizenship eligibility after five years.
The Portuguese Golden Visa is laden with benefits:
Investors can secure their Portuguese Golden Visa through several investment options:
The application process includes:
The first permit is issued for two years due to adjustments made during the Covid-19 pandemic, with subsequent renewals every two years.
The entire process to secure a residence permit through investment typically extends beyond 18 months due to administrative procedures.
The Portugal Golden Residence Permit Program stands out as a highly attractive option for investors seeking not only a European residence but also a straightforward route to citizenship.
With flexible investment options and a lenient residency requirement, the program offers a practical solution for global investors aiming to enjoy the lifestyle and benefits Portugal has to offer.
If you have any queries about Portugal’s Golden Visa, or tax or other matters in Portugal, then please get in touch.
Introduced in the 2023-2024 Budget and launched on 1 March 2024, Hong Kong’s revamped Capital Investment Entrant Scheme (New CIES) is designed to attract substantial new capital and enrich the city’s talent pool.
This initiative is a part of eight policy measures to develop Family Office Businesses, as outlined by the Financial Services and Treasury Bureau in March 2023.
The New CIES is tailored for natural persons who meet specific criteria:
Applicants must invest in both of the following categories:
The application process requires that the investment assets be managed by approved financial intermediaries and kept in accounts under the applicant’s name.
Compliance with ongoing portfolio maintenance is essential, and applicants must not withdraw any capital gains if the value of their investments exceeds HK$30 million, though they are allowed to withdraw dividends, interest, and rental income.
This streamlined scheme emphasizes capital investment without the added requirements of educational background or work experience, unlike other immigration pathways such as the Top Talent Pass Scheme.
The New CIES not only raises the threshold for permissible investments to HK$30 million but also broadens the scope of acceptable investment assets.
This approach is expected to draw high-net-worth individuals to Hong Kong, bolstering its reputation as a global hub for asset and wealth management.
The New CIES has generated significant interest among financial institutions, underscoring its potential to transform Hong Kong’s economic landscape by attracting new capital and fostering the growth of strategic industries beneficial to long-term development.
As this scheme progresses, it is poised to make a marked impact on Hong Kong’s position in the global financial arena.
If you have any further queries about Hong Kong’s Capital Investment Entrant Scheme then please get in touch.
Italy, a country celebrated for its picturesque landscapes, rich history, and vibrant culture, offers more than just a travel destination.
With major cities like Milan, Rome, and Venice, Italy presents a unique opportunity for investors to gain residence in a well-connected EU market.
The Italy Residence by Investment Program provides a gateway to Europe with a variety of investment options tailored to meet different needs, enabling successful applicants to obtain residence rights within three to four months.
The Italian Golden Visa comes with numerous benefits, including:
Applicants can choose from two main investment avenues to qualify for the Italian residence:
– Invest a minimum of EUR 2 million in Italian government bonds.
– Commit at least EUR 500,000 to Italian shares, reduced to EUR 250,000 for innovative start-ups.
– Make a non-refundable donation of EUR 1 million to projects of public interest in Italy, including fields like culture, education, ecology, and more.
Family members such as a spouse, children, and dependent parents can also apply for a visa under the main applicant’s investment without the need for additional funds.
– Ideal for individuals who can demonstrate a stable annual income from foreign sources.
The Italian Golden Visa is initially granted for two years and can be renewed for an additional three years as long as the investment is upheld. The application process generally takes between 90 to 120 days from submission, with the investment required to be made within three months of entering Italy.
For the Investor Visa Program, purchasing or renting residential property in Italy is necessary following approval. Applicants under the Elective Residence Program must also secure residential real estate and prove stable income.
Residency can evolve into permanent residence after five years, provided the investor relocates to Italy. Interestingly, the program does not mandate a minimum physical presence in Italy, offering flexibility for global investors.
Italy’s Residence by Investment Program not only opens the door to a life in one of the world’s most enchanting countries but also offers a strategic foothold in the European Union.
With flexible investment options and a straightforward application process, this program stands out as a premier choice for those looking to invest in Italy and enjoy the myriad benefits it offers.
If you have any queries about this article on Italy’s Golden Visa regime, or Italian tax or other matters in general, then please get in touch.
The Greece Golden Visa Program stands out as one of the most accessible and affordable residence by investment programs in Europe.
Launched in 2013, this program offers non-EU nationals and their families the opportunity to obtain permanent residence permits in Greece, providing a straightforward path to living and traveling throughout Europe.
Key Features of the Greece Golden Visa Program
The Greece Golden Visa offers several compelling benefits:
The Greece Golden Visa Program requires a qualifying investment in one of several categories:
Purchase property worth a minimum of EUR 250,000, with higher values required in prime location’s like Mykonos and Santorini.
Deposit at least EUR 400,000 into a Greek credit institution for a minimum of one year, with a standing order for renewal.
Invest a minimum of EUR 400,000 in a Greek company for share capital increase or bonds.
Contribute to a real estate or closed-end investment company with the intention to invest exclusively in Greece.
Purchase Greek government bonds, corporate bonds, or shares with minimum specified values, ensuring investment in regulated markets within Greece.
The application process for obtaining a Greece Golden Visa is streamlined into several clear steps:
The entire process, from choosing the investment to receiving the permit, is designed to be completed within three to four months, making it one of the fastest and most efficient programs of its kind.
The Greece Golden Visa Program offers a lucrative opportunity for non-EU nationals seeking a permanent residence in Greece with the added benefit of visa-free travel across the Schengen Area.
With its flexible investment options, minimal residency requirements, and quick processing times, the program is an excellent choice for investors looking to expand their global mobility and access the European lifestyle.
The cost of the Visa Program will increase from the current EUR 250k minimum investment to a new minimum of EUR 400k.
Investors may still apply under the current threshold as long as they pay a 10% deposit by 31 August 2024. They will also need to finalise the investment by 31 December 2024.
If you have any queries about Greece’s Golden Visa, or tax matters in Greece, then please get in touch.
The Antigua and Barbuda Citizenship by Investment Program offers a pathway to citizenship for high-net-worth individuals and their families, providing access to the European and Caribbean markets and key Asian financial centers.
Holders of an Antigua and Barbuda passport enjoy visa-free or visa-on-arrival access to over 150 destinations, including major hubs like Hong Kong, Singapore, the UK, and Europe’s Schengen Area.
The program allows the inclusion of a spouse, dependent children under 31, parents and grandparents over 55, and unmarried siblings of any age of the main applicant or their spouse. Dependents can also be added post-citizenship grant. Commonwealth Membership
Citizenship includes privileges in the UK and other Commonwealth countries.
The nation offers excellent air links and is an appealing location for residence or owning a second home.
To qualify, applicants must choose from one of the following:
The minimum investment required will rise to USD 200,000 by June 30, 2024. This provides a limited window under current, more favorable investment conditions.
This program not only facilitates global travel and business opportunities but also requires minimal physical presence, making it an attractive option for investors seeking flexible citizenship solutions.
If you have any queries about the Antigua and Barbuda Citizenship by Investment Program then please get in touch
In a landmark decision on 8 March, the Full Federal Court (FFC) sided with the taxpayer, Minerva Financial Group Pty Ltd, against the Commissioner of Taxation, clarifying the application of general anti-avoidance rules within Part IVA of the Income Tax Assessment Act 1936.
This ruling underscores the nuanced interpretation of Part IVA, particularly concerning discretionary distributions by trustees, and marks a significant victory for taxpayers navigating the complexities of tax law.
The court’s decision offers several crucial insights into Part IVA’s operation:
Taxpayers are reminded of the importance of documenting the reasons behind their arrangements. While Part IVA’s test is objective, understanding the context can help determine the dominant purpose.
It’s essential to consider all eight factors outlined in section 177D(2) collectively, rather than in isolation, to ascertain a scheme’s dominant purpose.
Part IVA does not merely assess if a different course of action would have been taken without the tax benefit, emphasizing that a dominant purpose of obtaining a tax benefit must involve more substantive evidence.
Transactions within a commonly owned group, even if they involve intra-group loan account entries instead of cash transfers, are not inherently indicative of a scheme’s dominant purpose to secure a tax benefit.
The FFC’s ruling further clarified the legality of certain structures and practices:
The case centered around the Liberty group’s restructuring into corporate and trust silos, aimed at optimizing for an IPO.
This restructure led to significant profits being distributed in a way that incurred a lower withholding tax rate, prompting the Commissioner to apply Part IVA, suggesting these distributions were primarily for tax avoidance.
The FFC meticulously dissected the application of Part IVA, focusing on the intent behind the distributions and the structure of the Liberty group.
The court’s analysis, particularly on how the scheme was executed and the financial implications for the involved entities, led to a conclusion that favored the taxpayer.
The decision stresses that the presence of a tax benefit alone is insufficient to prove a dominant purpose of tax avoidance.
This ruling is a pivotal moment for taxpayers and legal practitioners, offering clarity on Part IVA’s interpretation and its application to complex financial structures and distributions.
It serves as a reminder of the critical balance between tax planning and avoidance, reinforcing the need for a comprehensive evaluation of arrangements under the lens of tax law.
The victory of Minerva Financial Group in this case not only provides a roadmap for similar cases but also reassures taxpayers that legitimate business arrangements, even those resulting in tax benefits, can withstand scrutiny under Australia’s general anti-avoidance rules.
If you have any queries about the Minerva case, or any other Australian tax matter, then please get in touch.
Dubai has enhanced its trust and foundations laws through significant amendments to Law Nos. 3 and 4 of 2018, which govern the operations within the Dubai International Financial Centre (DIFC).
These changes, specifically designed to add robust ‘firewall’ or ring-fencing provisions, affirm the supremacy of DIFC laws by preventing the enforcement of foreign judgments that conflict with local statutes.
The newly implemented provisions make it clear that DIFC laws take precedence over foreign judgments, ensuring that trusts and foundations under DIFC jurisdiction are protected from external legal influences that do not recognize or respect DIFC’s legal framework.
A key component of the amendments requires trust officers or foundation managers to discontinue acting under foreign judgments that conflict with DIFC laws.
This safeguard effectively prevents them from exercising asset management powers that could undermine DIFC statutes.
These provisions seem set to position DIFC among the first-tier financial centres with the most potent legal protections for settlors and founders of trusts and foundations.
The provisions also allow these individuals to reserve powers without exposing the trust or foundation to legal challenges as shams.
The amendments expand the role of registered agents, allowing them more flexibility to collaborate with the Registrar of Companies.
This change permits registered agents to fulfill certain compliance-related duties on behalf of foundations, aligning their responsibilities with those of corporate service providers under DIFC’s prescribed company and family office regimes.
Further enhancements include stringent safeguards regarding the transfer of property to a trust or foundation.
Now, a creditor must prove that the transfer was intended to defraud them and that it rendered the settlor or founder insolvent.
Without such proof, the liability of the trust or foundation to settle claims is limited to the interest previously held by the settlor or founder.
Another critical update is the introduction of a three-year statute of limitations on legal proceedings related to property transfers to a foundation, adding an extra layer of security and stability for these transactions.
The new amendments also introduce provisions that allow for the conversion of a DIFC foundation into a company.
Previously, the conversion was only possible from a DIFC company to a foundation, not the other way around.
This change offers greater flexibility in structuring and managing corporate and charitable entities within the DIFC.
These legislative updates significantly bolster the legal framework surrounding trusts and foundations in Dubai’s DIFC, offering enhanced protection against external legal pressures and providing a more stable and secure environment for asset management.
For settlors, founders, and financial professionals engaged with DIFC trusts and foundations, these changes necessitate a thorough understanding and strategic planning to align with the new legal standards.
The DIFC continues to demonstrate its commitment to maintaining a competitive and legally secure financial center with these progressive amendments.
If you have any queries about this article on Dubai’s Firewall Provisions, or tax matters more generally in the UAE, then please get in touch.
On 12 March 2024, the Kazakhstani finance ministry announced significant revisions to the VAT Refund Rules, marking an important change in how businesses interact with tax authorities for VAT refunds.
This article looks at these crucial modifications.
The essence of these updates lies in addressing the controversies surrounding the VAT refund validation process.
Courts have recently highlighted the improper practice by tax authorities of demanding exhaustive supplier chain reports, or “Pyramid” reports, extending through numerous levels.
The revised VAT Refund Rules aim to streamline this process, albeit with nuances that may conflict with existing Tax Code provisions.
These changes became effective on 26 March 2024.
A noteworthy modification is to paragraph 45-1 of the VAT Refund Rules, which now delineates specific scenarios for the creation of Pyramid reports.
Notably, these reports will encompass all direct suppliers involved in horizontal monitoring, moving away from the previous broader scope.
Exceptions to this requirement have been clarified, simplifying compliance for businesses.
The procedure for generating Pyramid reports has been refined, with a clear focus on direct suppliers.
The amendment provides a precise definition of “direct supplier” and introduces the concept of “related parties,” aiming to mitigate tax evasion by tracing transactions to their origin.
The rules now prioritize the generation of Pyramid reports based on potential tax evasion risks identified among suppliers.
This shift focuses on concrete indicators of risk, such as restrictions on e-invoices or legal challenges against the supplier, enhancing the tax authorities’ ability to detect and address evasion schemes.
With the introduction of paragraphs 52-1 and 52-2, the VAT Refund Rules now clearly outline situations where identified risks are disregarded.
This update aims to ensure that discrepancies are not automatically equated with tax evasion, providing a fairer framework for businesses.
Lastly, the amendments expand the circumstances under which tax authorities can conduct counter-audits on suppliers, including intermediaries and freight forwarders.
This broadened scope is intended to tighten scrutiny and ensure compliance throughout the supply chain.
The recent amendments to Kazakhstan’s VAT Refund Rules represent a significant shift in the regulatory landscape.
By refining the conditions under which Pyramid reports are generated and clarifying procedures, the changes aim to balance the need for effective tax collection with the operational realities of businesses.
As these changes unfold, businesses operating in Kazakhstan must stay informed and compliant to navigate the evolving tax environment successfully.
If you have any queries about this article on the Updates to Kazakhstan’s VAT Refund Rules, or Kazakh tax in general, then please get in touch.