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Isn't a foundation obsolete.

wellington

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Nov 14, 2020
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So the idea, for example, you build wealth, you are going to die, you want to plan transfer of estate/assets to next generation, you want to avoid taxes where possible so you go through the motions of setting up structures.

Ok. As a British person that hasn't resided in the UK for 15+ yrs I am looking from a UK perspective.

- You build wealth in the UK (say assets), retire having paid your taxes, you have assets in the UK and possibly outside the UK.

- You transfer assets to a corporation (BVI) equivalent in the UK (pay relevant taxes one off not annual).
- You transfer assets overseas either by gift (i.e Thailand 400,000 GBP a year tax free) -> similar in other countries OR transfer to a vehicle (BVI company or equivalent).

You die

Director changed on vehicles (Tax Free)

I mean it seems rather simple from that perspective, i don't see the need for elaborate trusts.

Another avenue.

- You build wealth in the UK (say deposits), retire having paid your taxes, you have assets in the UK and possibly outside the UK.
- you your benefiter become non tax resident, you move funds to Dubai, you pass funds to benefactor, benefactor moves back to UK after the allotted time for potential tax issues.


Obviously a hybrid for mixed assets/funds

For me (UK Centric) i think this is rather simple, in my families case they transferred to the youngest in the family as cancer was very sudden and didn't have time to plan, but even then there was benefits as in the UK you can be gifted a sizeable amount but need to last 7 yrs or as it were you have to live in the dying persons home for so long with them for it to be considered tax free transfer (this was usual back in the day)

Obviously can't speak for Europe/US/Other but from a UK perspective seems rather simple.

Ergo 70,000-100,000 in establishment fees and 20,000-50,000 in annual costs seems rather idiotic.

Admittedly from a UK perspective it works because you only pay taxes on UK income (hence liquid wealth needs to move offshore with you)

Capital Gains etc inheritance only is applicable if assets are in the UK, or owner or benefactor is otherwise domestic laws of the resident country apply for taxation perspectives

I.e in my case the kids will likely have barely any tax, perhaps 1/2%

Admittedly my UK inheritance was or has likely been expunged as one family estate was left to National Trust, another family estate was transferred to my cousin (youngest in the family) but all in family can use, next lot will likely be offset as my father becomes non resident and moves capital out of the UK when he retires bringing it a domestic issue to the location he retires and the benefactors (low tax or tax free)

I’m completely stumped when it comes to Europeans but I imagine you have similar

The issue is always immovable property and sometimes it’s best to gift that to a state entity or move it to a vehicle I’d imagine
 
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Ergo 70,000-100,000 in establishment fees and 20,000-50,000 in annual costs seems rather idiotic.
this is crazy...
I don't know much about UK environment but in Eastern Europe one can form a family endowment fund (maybe that's not an entirely correct translation but whatever)... this is an entity like any other company except the fact that it's not formed to generate/maintain profit but to serve the purpose defined by the founder... for instance to manage the assets in the fund and satisfy the needs of beneficial persons (typically family members). Such a fund doesn't actively do anything (cannot get in trouble), the founder doesn't own anything (all assets are deposited in the fund), one can freely define the rules, no inheritance happens (the fund is simply under control of the descendants according to founder's will), it can be even dissolved.
Nifty tool. The founder owns nothing, controls everything, flexible implementation of succession. Formation under 3k EUR, 1k EUR yearly including accounting and all the paperwork in case of passive asset holding purpose.
 
this is crazy...
I don't know much about UK environment but in Eastern Europe one can form a family endowment fund (maybe that's not an entirely correct translation but whatever)... this is an entity like any other company except the fact that it's not formed to generate/maintain profit but to serve the purpose defined by the founder... for instance to manage the assets in the fund and satisfy the needs of beneficial persons (typically family members). Such a fund doesn't actively do anything (cannot get in trouble), the founder doesn't own anything (all assets are deposited in the fund), one can freely define the rules, no inheritance happens (the fund is simply under control of the descendants according to founder's will), it can be even dissolved.
Nifty tool. The founder owns nothing, controls everything, flexible implementation of succession. Formation under 3k EUR, 1k EUR yearly including accounting and all the paperwork in case of passive asset holding purpose.
I am referring to the other feeds mentioning swiss/ Lich trusts etc.

I.e if living off a trust, then still one can benefit via the method mentioned above, even if multiple benefactors.

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  1. Non-UK Domiciled Individuals:
    • A person who is non-UK domiciled is only subject to UK inheritance tax on assets that are physically located within the UK.
    • If neither the deceased nor the assets are in the UK, then no UK inheritance tax is typically due.
  2. Domicile vs. Residence:
    • Domicile is a legal concept different from residence. It usually refers to the country where a person has their permanent home or intends to settle indefinitely.
    • An individual who was born outside the UK and has not lived in the UK for extended periods or does not intend to return would likely be considered non-UK domiciled.
  3. Deemed Domicile:
    • Individuals who have been UK residents for 15 out of the last 20 tax years may be treated as deemed UK domiciled for inheritance tax purposes.
    • This means that even if they leave the UK, their worldwide assets could still be subject to UK IHT for a period of time (up to 4 years after leaving).
  4. UK-Based Assets:
    • If the non-UK resident/non-UK domiciled person owns UK assets (e.g., UK property or investments in the UK), these assets would generally be subject to UK inheritance tax, regardless of the person's domicile or residence.

Scenarios Where UK IHT Would Not Apply:​

  • Non-UK resident and non-UK domiciled individual passes away, and all of their assets are located outside the UK: In this case, no UK inheritance tax is due.

Scenarios Where UK IHT Might Apply:​

  • Non-UK domiciled individual has assets in the UK (such as property or UK investments)**: In this case, the UK-based assets would be subject to inheritance tax at the normal rates, even if the person is non-resident and non-domiciled.

Conclusion:​

If the person who passes away is not domiciled in the UK and owns no UK assets, their estate is not liable for UK inheritance tax. However, if they own UK assets, inheritance tax may apply to those specific assets.
 
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In Hungary there is an inheritance tax but a gift to a lineal relative is completely tax free without limit.
Its common for grandparents to gift their companies and real estates to their kids and grandkids, and only retain usufructuary rights.

Austria and Slovakia has no gift tax either, and I think many Central-European countries has similar systems.
 
After all the turmoil in the UK, it's no longer safe to register a foundation or similar entity there. I’d stay far away from such a risky venture. You risk having your entire assets seized at their discretion - it's just not worth the risk.
 
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After all the turmoil in the UK, it's no longer safe to register a foundation or similar entity there. I’d stay far away from such a risky venture. You risk having your entire assets seized at their discretion - it's just not worth the risk.
On that totally agreed
 
7 years tax cooldown for gifts and the government has to be actually notified that the person died.

For real wealth planning it's either trusts or corporations (you can play with voting/non voting shares for the beneficiary/kids). Trusts can be quite cheap to open and maintain if the assets are few and easy to handle like ETFs and bank accounts. Adding immovable property complicates things and makes it more expensive.
 
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From a UK perspective offshore trusts/foundations are great for non-Doms moving to the UK with non-UK assets. However, if you put UK assets into an offshore trust it still falls within the relevant property rules (ie UK IHT rules on trusts). Historically they provided lots of protection for non-Doms who were settling in the UK and becoming actual or deemed domiciled as it provided protection for those assets after you became domiciled. However Labour are just about to change the rules which basically say that they will be looked through if you have been resident in the UK for 10 years. So basically they really serve very little purpose beyond litigation risk for UK tax purposes now.
 
Yes, the idea is to have as little UK assets as possible and have your wealth in a liquid form offshore.
You suggest what type of liquid form ?

So basically they really serve very little purpose beyond litigation risk for UK tax purposes now.
So it is in the UK as it is in most parts of the world and Europe, they are waste of time and money.
 
You suggest what type of liquid form ?
ETFs mostly. No castles, physical gold airplanes or super-yachts.
You can quickly wrap a trust around these assets and if you are non-UK tax resident - HMRC will have nothing to say.
Then the trustee may slowly drip the wealth down to your kids and you may put a "windfall" condition to pass everything on them as long as they move from the UK to some tax heaven and don't trigger the tax on return (currently 5 years if I'm not mistaken).
So you can protect your wealth from taxman, give your kids a chance to build their own while not leaving hand to mouth and leave a big stash on the table if they finally decide to escape the system when they are older.
 
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very good, requires some additional research at my end, thank you @manukahoney
 
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