I’d like to just check something if I may.
question: are U.K. investment trusts always subject to income tax and CGT?
if you think the answer is yes, please like the post
If not please set out your reasons below.
I’ll run this for say a week.
thanks
So, only two likes to the original post suggesting that some of you suspected a trap, and you’d be correct.
I picked out this thread because, as is often the case on AAM, it contained several confident and definitive statements about how U.K. investment trusts are taxed in Ireland.
As many of you will know, I’ve spent the last 12 years extensively researching this subject and the tax aspects of this post are based on analysis by one of the leading authorities on the taxation of investments in Ireland and once again I’m the bearer of bad tidings for those of you who think this is easy.
My primary concern is that many posts are framed on the basis that all investment trusts are CGT items and not funds from an Irish tax perspective. I would not be black-and-white on this, I think it is possible for investment trusts in the UK to be considered offshore funds, at least in theory.
The key component that would need to be present for an investment trust to be considered a fund (and I concede it is extremely unlikely for an investment to fall into these categories, but have seen it) are:
· They commit in their articles of association to operating an active discount management policy whereby they try to ensure that the company trades within a stated percentage of NAV.
If this stated percentage is in or around 5% that causes an issue.
Personal Assets Trust for example had this enshrined in their articles of association and therefore in the opinion of leading tax consultants in Ireland, is more likely to be a fund than CGT.
The original tax analysis was conducted when the U.K. was still in the EU and that had implications for marketing which I will cover below
Once you get into Guernsey etc. then you are into different tests, and the only test you need to meet to be a fund is if you could expect to realise the value of your investment at some point during the next 7 years (that being an amount that is reasonably approximate to the NAV of the company's underlying assets). If you meet this test then it is considered a fund and liable to top rate income tax for Irish taxpayers. I would expect that most if not all investment trusts domiciled in Jersey/Guernsey etc. are considered funds on that basis; unless they habitually trade at really significant discounts or premiums to NAV (to such an extent that it would be unlikely they would ever trade close to NAV in the next 7 years) then you have an offshore fund.
The next consideration is if you are Irish and married to a UK domiciled spouse or Civil Partner - like my wife for example.
UK Inheritance Tax
Investment companies domiciled in the UK are subject to UK Inheritance tax at a rate of 40% for portfolios in excess of the nil rate band currently £325,000 (tax year 2020-2021).
Under the terms of the double taxation treaty between the UK and Ireland, tax is based on the following principles; where the property is not situated (in this instance Ireland) gives a credit and the jurisdiction where the property is situated taxes.
It should be noted that any UK Inheritance Tax payable is not deductible as a liability in calculating the amount of CAT payable - it can only be used as a credit against CAT in Ireland only when the same property is taxed in both countries.
Spouse or civil partner exemption: spouse or civil partner domiciled outside UK
Where, immediately before the transfer;
the transferor is domiciled in the United Kingdom, or is treated as domiciled in the UK under IHTA84/S267, but the transferor’s spouse or civil partner is neither domiciled nor treated as domiciled in the United Kingdom the exemption for transfers between spouses and civil partners is
restricted. Where the transfer is on or after 6 April 2013, the exemption is limited to the nil-rate band that applies at the date of the transfer.
Where the transfer was on or after 9 March 1982 and before 6 April 2013, the exemption was limited to £55,000.
This restriction to the amount of the exemption does not apply if;
both the transferor and their spouse or civil partner are domiciled outside the UK, or
the transferor is domiciled outside the UK but the spouse or civil partner is domiciled in the UK
This means that if both spouses are not UK Domiciled i.e. Irish Nationals the full spouse exemption applies.
The final issue to consider which I have repeatedly try to flag in the run up to Brexit is our good EU regulation friend PRIIPs.
In order to distribute a U.K. investment trust to a retail investor there must be a PRIIPs KID document no document and the fund cannot be sold across the EU,
The Brexit trade “deal” excluded financial services so until that section is negotiated its impossible to say if U.K. investment trusts will survive to the end of this year for Irish investors.
The U.K. regulator, the FCA, had already made it clear that it is looking to extend the exemption from PRIIPs for U.K. UCITS by 5 years but Investment trusts continue to labour under the highly misleading disclosure regime (FCA official view)
If the association of investment companies manages to negotiate an exemption from PRIIPs then its game over for Irish investors.
happy to provide an alternative for those looking to take advice on this
www.globalwealth.ie