· Pre-residence advice for individuals considering becoming UK resident, including the application of the statutory residence test, the remittance basis of taxation and the key concerns around preparation for UK residence to minimise remittances and structure assets effectively for the future. Advice provided has included the application of the business investment relief rules to potential investments.
· Advice on the issues to be considered when leaving the UK and becoming non-UK resident for tax purposes, including the application of the statutory residence test in this context, a consideration of the implications of the ‘tax tail’ applicable to deemed domiciled individuals and the caution to be taken in the years following departure.
· Advice on the application of the temporary non-residence rules for capital gains tax and remittance purposes for individuals leaving the UK who may return in future years.
· Advice on the domicile status of individuals for UK purposes and the implications of long term UK residence.
· Advice on the application of the 2017 offshore trust rules, including the care needed to avoid tainting protected trusts and the implications of tainting when it occurs. Sara recently pursued a non-UK trustee for professional negligence in failing to prevent the tainting of a trust.
· Advice on court action to vary both UK and non-UK trusts.
· Advice on succession and UK inheritance tax issues (including those arising in respect of UK residential property) and the potential for mitigation of those issues in the context of international individuals and trusts. This may include the consideration of the potential use of family investment companies as part of the restructuring of family succession arrangements. Sara advises and manages implementation of appropriate restructuring to minimise tax exposure, including the drafting of all relevant wills and trust documents.
· Advice on general ongoing non-UK trust matters, including the transfer of trusteeships, deeds of appointment, loans, sale and purchase agreements. Recent advice has included the restructuring of a large and complex private trust company structure to meet the changing needs of the family and intentions of the settlor.
· Reviewing trust structures for UK tax issues and any updating needed in light of the changes to the tax regime or family situation.
· Advice on the application of the Trust Registration Service and Register of Overseas Entities.