Phoenix :: The Marlborough Blog

What have the Greeks ever done for us?

(With apologies to John Cleese for paraphrasing The Life of Brian)

I was intending to write this week’s article about the Horizon programme on BBC 1 on Monday night about corporate tax planning, however that got me thinking about competitive advantage in a global market place and what lessons we can learn from Greece.

Greece is known as the birthplace of civilisation.  I am of course aware that the early Greeks settlers most likely came up through North Africa and settled in the Aegean islands before the mainland, however it was in Greece itself that early forms of philosophy, astronomy, engineering and mathematics thrived amidst a burgeoning economic climate.  During the period up to the Persian Wars, Greece was separated into a myriad of individual city states with their own distinct cultures and societies, they came together to fight the Persian invasion but again disbanded once they had beaten back the marauding forces of Xerxes in 479 B.C.  The 100 years thereafter were the golden age for Athens when democracy was founded and Aristophanes wrote some quite amusing (and very rude) plays.

When Philip of Macedon came to power he once again united Greece and when his son, Alexander The Great, took control he conquered most of the known world.  What should happen upon his death?  The city states split once again and went their own merry way (do you see where I’m going yet?).  So is it any surprise that unions of states end up reverting back to a socially acceptable position of a loose coalition of individual jurisdictions with their own economies and cultures.

The European Central Bank is actively discussing Greece decoupling from the Euro and one has to consider that Spain and Portugal will follow.  If so, why would Germany not do the same being at the stronger end of the scale?

So decoupling is likely to result in a massive depreciation of the new Drachma and possibly hyperinflation in Greece which does, tenuously, lead me on to the aforementioned Horizon documentary.  The tone of the programme was entirely predictable in that offshore jurisdictions are assisting unscrupulous big business to avoid paying their ‘fair’ amount of tax in the UK.  The reporter also mentioned that the UK has one of the lowest corporate tax rates amongst first world countries implying that this may be unfair against our fellow Europeans.

The reality is that HNWs and corporates increasingly have the freedom to choose where and when to pay tax; this has been helped hugely by the rise of the internet, mobile technology and broadband.  As such, jurisdictions need to be competitive just as the private sector is.  That basically means that the services you pay for need to be worth the money.

My suggestion to Greece: leave the Euro and introduce a 5% corporation tax rate.  The EU may well attack them for unfairness however if Spain and Portugal follow suit they may encourage a new Mediterranean financial boom that will see companies relocating wholesale; and why not?

The EU is discovering that it cannot police the world fiscally, so rather than fighting it, let freedom flourish and maybe Athens can have another golden age.

What is Fractional Ownership?

Fractional ownership is essentially partial ownership of a property.  Fractional ownership allows several unconnected buyers to collectively share ownership of a specific property that usually forms part of a holiday resort, residential building or private residence club.  With FOC’s fractional model, you will own part of the title and therefore, if the property appreciates in value then so does your share.  As with whole ownership, you can sell whenever you deem it necessary or prudent as you have a real ‘bricks and mortar’ purchase.

Fractional ownership is, arguably, the most progressive way of owning your own holiday home.  This form of ownership has been operating in the USA for over 30 years and many resorts in the European hot spots have been offering fractional property for several years.  Fractional ownership also takes away much of the hassle of outright ownership – by sharing annual expenses as well as giving peace of mind that the property is being professionally managed all year round.

With ten years of shared ownership under our belts, FOC is the most experienced Fractional service provider in Europe and were responsible for creating and structuring the very first European fractional resort.

Because of this, FOC has the most tried and tested fractional system available.  We have an extremely strong track record of success with hundreds of buyers across the world as we offer a watertight package that provides all the protection, clarity and control that you would expect from a world-class market leading fractional system.  Our system is constantly reviewed and improved by our legal advisers to continue to delight buyers with trouble free fractional ownership and peace of mind.

For more information on fractional ownership, please call +(0) 44 1481 747800

Important Guernsey QROPS Update

Following the recent changes to the UK Legislation by HMRC (Her Majesty’s Revenue and Customs), which came into force on 6th April 2012, Marlborough Pension Trustees Limited has suspended all of their QROPS plans until further notice.

As a compliant and innovative pension provider, MPTL is currently consulting with local authorities regarding alternative solutions here in Guernsey as well as in other jurisdictions for new and potential clients.

All existing members within our numerous pension plans will not be affected by this change and will still enjoy the full benefits of having their pension savings looked after by one of the leading providers and innovators in pension products.

We have a number of retirement plans, including QNUPS and ROPS and tailor these to meet individual needs.  At Marlborough, we are not a one size fits all organisation and we totally understand that one person’s retirement needs are different from the next, which is reflected in our product range.

Please feel free to contact the team with your clients’ requirements, and we will do our best to guide you to a product/plan which is best suited to them.

Guernsey Film: More than you might think

At the end of last year Guernsey Film gave a presentation locally about who we are, what we do and what we are seeking to achieve. We were also delighted to be able to announce that the very popular book, The Guernsey Literary and Potato Peel Pie Society, is set to be made into a movie by Fox Studios. They are considering calling it Guernsey, have lined up Kenneth Branagh as director, an Oscar-winning actress has been linked with the lead role and the Island is also set to be the primary location for much of the filming. Therefore, it is rather ironic that one of my main messages to the audience at the presentation was that in fact our group is not principally focused on persuading more studios to shoot their films in Guernsey.

Around two years ago Guernsey’s Commerce and Employment Department began talking to members of the local community about ways in which we can diversify our economy and particularly through the establishment of a Guernsey film industry. Of course, the Isle of Man has already gone down this road, with purposebuilt studios and the offer of VAT credits. Yet in Guernsey there is less space for visiting film crews, studios would require significant investment and as there is no VAT (or any corporate tax), we cannot offer fiscal credits.

However, within Guernsey there is significant expertise in providing financial structuring solutions for films. Therefore, around 18 months ago, with the encouragement of the Department, we created Guernsey Film. The not-for-profit organisation is made up of a series of individuals from different firms who have expertise across the various potential financial aspects of making a film, including banking, investment, funds, insurance, intellectual property, law, tax and IT.

Yes, we are all individuals, we each have to be accountable to our own firms and, in some cases, we may be direct competitors but we have decided to work together for the greater good. Indeed, at a very early stage, we decided that we would emphasise teamwork by having myself, Director at Marlborough, and Richard Garrod, Director at Confiance, as Co-Chairmen. I have been involved in aspects of financial structuring of many films, Richard has extensive experience in this area from his time at Mazars and others in the group, such as David Sheil from Alternative Risk Management (ARM), who also presented with us, also have a strong pedigree in film finance. We are pooling resources so that we can promote Guernsey as a one-stop shop for film finance structuring.

Of course, a common misconception is that we can provide funding for films and as such, we receive any number of scripts from writers or producers who are looking to turn ideas into the next box office hit. We don’t specialise in funding films but we can provide advice on the next steps that need to be taken and which will mean that the project is more likely to succeed than fail in raising finance. The aim is that if the pieces of the jigsaw do fall into place then our initial work will help drive business to Guernsey when financial structuring arrangements are required.

Guernsey Film was launched to the wider world at a seminar in London during September 2010. The event – staged with the assistance of Guernsey Finance, the promotional agency for the Island’s finance industry — was attended by more than 70 members of the film community including producers, directors and media/entertainment lawyers, accountants and tax advisers. This was a first step in terms of putting Guernsey on the map for these key decision makers and we are now looking to provide a further taste of what Guernsey can offer during 2012.

Our primary goal is attracting film finance structuring business to the Island and not persuading more studios to shoot their films in Guernsey. Make no mistake though, we are delighted with the progress being made towards turning The Guernsey Literary and Potato Peel Pie Society into a Guernsey success story at the box office. If it is shot in Guernsey then there will be significant benefits from both the filming and the publicity for the Island, in particular tourism, and therefore the Commerce and Employment Department is right to give the project its full support.

We are very much aware that in order to win the right for the film to be shot in Guernsey, as a community we will need to pull out all the stops to make it economically viable in comparison with our competitors. However, I am hopeful that together we can make this happen and thereby provide a huge boost to the Guernsey Film initiative, which also includes a future Guernsey Film Festival of international appeal.

Budget 2012 Update (3)

With regard to the proposed changes to CGT and a potential annual ‘wealth tax’ on UK property held by offshore companies I apologise for the solution taking a little longer however we do have a 2 different solutions that should get round these new proposed taxes and we will roll these out once we have draft legislation which is not likely to be until November this year at the earliest.

Budget 2012 Update (2)

The following is an interesting change to the Controlled Foreign Company regime operated by the UK Revenue:

The business profits of a foreign subsidiary will be outside the scope of the new CFC regime if they meet the specified conditions set out in a “gateway”. The conditions define what is to be treated for the purposes of the regime as profits artificially diverted from the UK.

“Safe harbours” for the gateway conditions will be provided covering general commercial business, incidental finance income and some sector specific rules. A foreign subsidiary can rely on these safe harbours to show that some or all of its profits are outside the regime’s scope.

As an alternative to the gateway, the regime will also provide exemptions for CFCs. The exemptions will apply to the CFC as a whole and include an excluded territory exemption and a low profits exemption. The lower level of tax test which currently forms part of the definition of a CFC will function as an exemption in the new regime.

The regime includes rules for finance companies which will generally result in an effective tax rate on intra group finance income of one-quarter of the main CT rate, and full exemption in certain circumstances.

This is a huge opportunity for offshore company providers that we have been aware of for a while and are already taking advantage of this.  The proposed legislation is a lot wider than we expected, in a good way.

Budget 2012 Update

Flower Reception

We have had an interesting UK budget again today.  There have been various anti-avoidance measures that do not affect us however there are 2 headline issues regarding UK property that may have an impact as follows:

Any UK residential property owned by a non-UK entity will be charged 15% SDLT on acquisition from midnight tonight.

HMRC is consulting on an annual ‘wealth tax’ chargeable to non-UK entities owning UK residential properties, this consultation will not become law for at least a year.

HMRC is consulting on charging CGT to non-UK owners of UK residential property, again not to come in until at least 2013.

I have consulted with a number of tax adviser friends of mine and at this very early stage, can comment as follows:

This does not apply to commercial property; the question is if a residential property is rented out does that make it commercial?

The latter 2 measures are designed to scare the offshore industry.  I am in the process of drafting possible alternatives solutions to what they are proposing however we cannot implement these until we know what the legislation will be.

Being realistic I believe that there will be a substantial backlash over these proposed measures both from high end residential property owners in the UK and also the EU, the proposed punitive SDLT charge prejudices other members of the EU buying UK residential property and that is directly against the EU Treaty of Rome (freedom of movement of capital and freedom of investment) therefore I expect to see the legislation when it finally comes in to be nothing like what is proposed.

I have no doubt that you will hear scare stories over the coming days however be assured that we are very much ahead of the game as far these changes are concerned.

I shall be providing a full update on Friday but if there any urgent questions then please feel free to get in touch.

Pre-Budget Special

Marlborough Reception

Tomorrow at 12.30pm I shall be taking my usual position in front of the TV to watch the illustrious chancellor deliver another coalition budget.  Ironically my habit is to watch the budget while sipping a tomato juice from a bar stool at the Cock & Bull public house in St Peter Port (find them on facebook).  My habit is to await for the chancellor to sit down then rush back to the office to download the lovely plethora of budget notes and pore over them looking for the words ‘destroy offshore’ which will inevitably appear in one form or another.

A full update will be forthcoming tomorrow afternoon however I am breaking with tradition to write this mainly because I have been stunned by the amount of press coverage given to the budget this year.  The anticipation and associated rhetoric appears to be the highest we have seen in recent years and undoubtedly this is because of the proposed changes to corporation tax, the annual allowance and possible staged reduction in the 50% income tax rate.  This is where the editorials have focussed however I am puzzled as to why they appear to be ignoring the potentially catastrophic debt left by PFI and the massive overspend on welfare (almost double that of the NHS).  Surely these are the issues that can bring the UK economy to its knees; however governments for the past 20 years have sidestepped these problems as they know that they are currently insurmountable.  Surely the best way to ultimately address the massive hidden deficit is to encourage business, entrepreneurs and spending; and as a potential part solution to that (and to tackle offshore avoidance) I was actually rather impressed by Nick Clegg mooting a 20% tax rate for high net worth individuals.  Were this to be introduced sensibly then I have no doubt that the tax take would increase and it would encourage more wealthy entrepreneurs to relocate to, or remain in, the UK.

I have espoused my views on a flat tax rate many times and still feel that a dramatic change in policy on tax rates is required to boost the UK economy however I fear that a half sensible idea from the Liberals will not be forthcoming in the budget and that instead we will get the usual further complicated additions to the taxes acts that will continue to feed the tax, legal and accounting industries without providing any certainty to the taxpayer.  This is of course not a bad thing for us offshore and so I will end on this further ironic note.  Long may the Cock & Bull continue!

This month the directors have mainly been drinking…

Boardroom 2

Nick has been quaffing Meursault and has discovered that the highly prized Comtes Lafon wine producer has just acquired some vineyards in Macon and the likes of Clos de la Crochette are far more reasonably priced than their more famous offerings.

Adrian has mainly not been drinking red wine as unfortunately he has recently realised that his lactose intolerance means that he has an allergic reaction to most reds. It appears that there is a lactose product used as a thinner that is causing the problem. Ben is secretly quite pleased about this turn of events as he has inherited Adrian’s stock of red wine.

Dave has mainly been drinking Gluhwein as he is skiing in the Alps at present, we are fairly certain that he would have had a couple of small beverages to celebrate his birthday this week.

GAAR and SDLT – Budget Predictions

Flower Reception

Continuing on the practical theme regarding the UK approach to offshore tax planning I am taking the unusual step of making a budget prediction for 2012. Cleggy, Compo and Foggy have been after a General Anti-Avoidance Rule (GAAR) for many years and I strongly suspect that we will either see a full blown GAAR or at the least a consultation on the introduction of such a rule at the next UK budget. It would make sense that the UK follow the Irish GAAR route that was introduced in 1989 and in terms of reduction in offshore planning the GAAR should have an immediate effect. What I question is whether a GAAR will a) encourage tax evasion, and b) push wealthy individuals and entrepreneurs out of the UK to spend their money and pay their tax elsewhere.

My second prediction for the budget is that HMRC will attack offshore companies owning UK property. A massive proportion of London property over £1M is held in offshore companies and HMRC want to ensure that upon a transfer of ownership of these companies SDLT should be payable. The Liberal arm of the coalition want to take this further and ensure that inheritance tax is payable upon the death of the beneficial owner. The question is how they achieve this. The answer is simply follow the Spanish model that was introduced a few years ago whereby the transfer of a beneficial owner must be notified to the revenue and if it is not then that is a criminal offence. If this law is implemented in the UK it will have a dramatic impact on real estate values, more particularly if the IHT look through is enforced, and as such I would expect to see a possibly significant downward trend in external UK property investment. As indeed happened in Spain.

I would welcome your comments on this missive (either on or offline) and look forward to an entertaining discourse.