ARTICLE
17 April 2018

Offshore Income And Gains - Do You Need A Second Opinion?

Da
Duff and Phelps

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Duff & Phelps is the global advisor that protects, restores and maximizes value for clients in the areas of valuation, corporate finance, investigations, disputes, cyber security, compliance and regulatory matters, and other governance-related issues. We work with clients across diverse sectors, mitigating risk to assets, operations and people. With Kroll, a division of Duff & Phelps since 2018, our firm has nearly 3,500 professionals in 28 countriesaround the world.
This must be done by 30 September 2018.
United Kingdom Tax

In November 2017, the UK Parliament enacted Requirement to Correct (RTC) legislation; representing a fundamental shift on reliance placed on historic (pre-6 April 2017) tax advice on offshore matters. Whilst not explicitly retrospective, if HMRC disagree with such analysis, it has scope to levy penalties between 100% - 200% of the tax liability, impose a 10% asset based penalty and publicly "name and shame" offenders. Historically, if a taxpayer had sought appropriate tax advice this would typically protect them from penalties, however under the RTC regime this is no longer necessarily the case.

Individuals, companies and trustees with offshore interests should review their tax affairs to identify risk areas; and in some cases, seek a second opinion corroborating the original advice or correcting their UK tax position. This must be done by 30 September 2018. The deadline coincides with Common Reporting Standard (CRS) deadlines, when HMRC will receive significantly more information on offshore structures and offshore transfers under CRS reporting. 

The type of matters that asset managers may need to review are:

  • Disguised investment management fee (DIMF) rules
  • Carried interest received post July 2015
  • Transfer pricing policies
  • Dividends paid offshore
  • Offshore remuneration structures

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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