These are the official dates of public holidays for the UAE for the coming year so you can make a note in your diary now and plan ahead. Actual days off work for both the public and private sector will vary but these are the dates announced by the Government so far.
Tag Archives: Wills in the UAE
Where there’s a Will there’s a way to protect your family
This article has been superseded, Please see this revised one. published 30th March 2020
Where there’s a will, there’s a way to protect your family – March 2020
As with most matters, personalised advice is required based on your specific situation. To arrange a meeting to discuss arranging a Will, or for advice on any other personal financial planning issue, please email me at keren@holbornassets.com
Protecting what matters most – your family
If you have children there is no question that they are the most valuable thing you can think of. So have you done all you can to protect them?
How would your family manage if you died and your income was lost? How would they manage without you to take care of them?
Would they be able to maintain their standard of living? Would your children’s education remain unaffected? Would any outstanding loans or debt be repaid?
These are all big questions and not ones we like to think about but tackle them now, take the right steps, and then you can relax knowing that if the worst should happen they will at least be financially secure.
Money does not replace a beloved husband or wife or a parent, but it’s even worse if those left behind are worrying about money and how they’ll manage. These are not subjects that we want to think about but the kindest action is to take the right steps to safeguard your family should the worst happen.
These are some of the issues you need to consider.
Seminars: Financial Planning for Women
As there are always questions about these issues, a colleague and I will be running two seminars on the topic of Financial Planning for Women.
Monday 9th February, 10am, Jumeirah Islands Club
Tuesday 10th February, 7pm, Holborn office, Tecom
Despite the title this isn’t just for women although the topics we will be covering will include:
Seminar – Financial Planning for Woman
On Monday 21st October I will be running a seminar on the topic of Financial Planning for Women. This will start at 7pm and take place in Tecom.
Despite the title this isn’t just for women although the topics I will be covering will include:
What happens if you don’t have a will?
If you don’t have a will when you die, your money, property and possessions will be shared out according to the law, instead of how you want them to be. This can mean they pass to someone you hadn’t intended, or that someone you want to pass things on to ends up with nothing. Being married does not automatically mean that your husband or wife is your sole, or even main, beneficiary.
News: British national with a foreign spouse? Good news!
Although there have been whispers about this for some time, it now appears that the UK Government really is planning to relax the inheritance tax rules relating to British nationals with a foreign spouse.
The current situation is that under UK inheritance tax (IHT) rules transfers of assets between spouses are usually free from tax at all times and also at death, but only if both parties are UK domiciled, a legal concept separate to residency. In most cases a person needs to have been born in the UK, or for their father to have been, to be UK domiciled.
Financial Priorities
As an adviser, with more years of experience than I care to admit to, one of the most common questions I am asked is about financial priorities. Where should you start if you haven’t reviewed your personal finances before, or haven’t done so for some time? What should you do first and what is most important?
Naturally the requirements will vary depending on circumstances, but these apply to the majority of people.
Get your paperwork in order
Start by getting together a list of all your existing bank accounts, life policies, savings plans and pensions, together with insurance policies, mortgages and credit cards. Then calculate your monthly income and outgoings so you end up with a realistic monthly budget.
When doing this you might like to sort out a regular filing system so you keep all your financial papers in one place. This will make it easier to manage your money in the future.
Emergency fund
It is important that you keep a significant amount of cash on deposit should you encounter any financial difficulties. There is less job security in the Middle East and no safety net so I would suggest that people build up and maintain an amount on deposit equivalent to three to six month’s outgoings. These monies should be immediately accessible.
Arrange wills
Even if you have relatively little in the way of assets at the moment, surely you are planning on building them up? If you have children it is important that provision is made for them. A will ensure that in the event of your death your assets end up where you want them to be, not according to the rules of where you are living or are from. Do use an experienced lawyer.
Arrange medical insurance
Some people have this provided by their employer, but even then should check that cover is adequate as all plans are not equal. If your employer does not offer a group scheme, then you should make your own arrangements as treatment can be very costly.
There are numerous providers operating in the region, each with several different plans, so it makes sense to take independent advice to ensure you get the right plan for your circumstances and budget, especially as this will not cost you any extra.
Arrange life assurance
If you have debts or financial dependents, then you need life cover. Simple cover for most people is not costly and provides peace of mind. You will want to ensure that in the event of your death your family is not left with debts that they cannot pay or without sufficient income to live on.
Many plans have the option to add critical illness cover and that should also be considered.
Review banking
Is your bank offering the service that you want? Are you happy with them and their charges? If not, you can usually change banks, although it can be a frustrating and time-consuming process. Changing credit cards can be a little easier. See the Souqalmal website for full details of your options www.souqalmal.com The difficulty in the Middle East is that if you have a loan with your bank you will have signed an agreement to say that your salary will be paid to them for the duration of the loan, so bear that in mind.
Plan for your financial future
Even if retirement seems a long way off, the sooner you start saving for the later years, the less it will cost you in the long term. With ever increasing life expectancy, the onus is on us to make substantial provision to provide for ourselves as few of us will receive much support from governments. There are various options and ways to save or invest, but the most important thing is that you are saving substantial amounts. Take advice to ensure that you are saving in the most efficient way.
Review existing investments
If you have existing investments are they being managed properly? One of the main reasons why investments do not perform well is that they are not reviewed on a regular basis. Are your monies still invested appropriately taking into consideration the current market situation and your own circumstances? Do you have pension schemes from previous employers and don’t know what to do with them? All investments should be reviewed annually.
Much of financial planning is simply about being organised. Get your papers in order, work out what you need and then take independent professional advice, from someone who is qualified and experienced, to ensure that you can achieve your financial goals. As an experienced Independent Financial Adviser I can be objective about someone’s situation and my role is to guide people to make the most of their finances in the way that best suits their personal situation and requirements.
Do you need a review of your finances? Contact me on keren@holbornassets.com to arrange a no obligation meeting.
Financial Planning & Tax Seminar for British Expats
On Wednesday 20th June I will be running a seminar for British expats, at the Holborn Assets office in Tecom, Dubai. This will cover general financial planning issues, including wills and I have invited a guest speak, the International Tax & Pension Consultant for Royal Skandia, Darren Jones, who will cover the issue of the new residency rules that will come into effect in April 2013.
Further details on the invitation below. Places are limited so please contact me to reserve yours now. Feel free to forward this to any friends or colleagues who may be interested.
Guidance for British Expats – updated May 2012
Please note that the information in this post refers to the 2012/13 tax year (6th April 2012 to 5th April 2013) and bear in mind that the proposed Statutory Residency Test should become effective from 6th April 2013. Information can be found here:
Taxes
British expatriates are generally not liable for UK income tax on their earnings whilst resident in the UAE, but specific rules apply. The date from when overseas income is not taxable depends on when a person leaves the UK and how long they remain non-resident. The UK tax year runs from 6th April to 5th April and if someone leaves the UK part way through a tax year they may remain liable for UK income tax for the remainder of that year. This is particularly the case for anyone who intends to remain overseas for just a few years as after a period in excess of five years living overseas you become more than temporarily non-resident for tax purposes and any partial years become exempt from UK income tax. At this time there is also no liability to Capital Gains Tax.
When leaving the UK, HMRC (Her Majesty’s Revenue & Customs) form P85 should be completed. This is an application to be treated as non-resident for tax purposes.
Should a non-resident Brit receive arising income in the UK, this is subject to UK tax, although only in excess of the Personal Allowance (£8,105 for tax year 2011/12). Even if employed overseas, income could be received from savings accounts, investments or from property. Anyone who owns a property in the UK and rents it out should complete the paperwork for the HMRC Non-Resident Landlord Scheme which is basically an arrangement for taxing the UK rental income of non-resident landlords. Generally tax will be deducted at source, although it is possible to apply for gross payments with the landlord then being liable for self-assessment. This is often preferable as certain costs, such as maintenance charges, may be offset against the rental income. If a property is jointly owned, then two sets of Personal Allowances can be used in order to reduce the tax payable.
Non-residents can apply for income on savings accounts to be paid without the deduction of savings rate tax by completing HMRC form R85, but the income received is taxable. It is therefore often more practical to move savings offshore.
Anyone can spend up to 90 days in the UK per tax year without liability to UK tax. Provided a person is non-resident for tax purposes in a particular tax year there should be no liability to tax on monies earned overseas but remitted to the UK.
Pensions
UK pension legislation is complex and several areas need to be considered. To start with; state pensions. UK national insurance contributions can be paid whilst living overseas, provided that certain eligibility conditions are met. There are three classes on contributions that are relevant to non-residents, Classes 1, 2 and 3, but classes 2 and 3 are those that can be made voluntarily in order to help maintain a national insurance record, which could affect entitlement to the basic state pension and other contributory state benefits. Class 1 is usually payable when a person has been posted abroad by their employer for a specified period.
British adults have the option to pay voluntary national insurance contributions, as either Class 2 or 3 dependent on their circumstances and it is necessary to pay 52 voluntary national insurance contributions in a tax year for that year to be a qualifying year for UK state pension entitlement..
An individual will need to consider their entitlement to state pension based on their existing national insurance record in order to find out if there is any benefit in making voluntary national insurance contributions. This is simply done by sending in form BR19 to HMRC and a response is usually issued in a few weeks. Individuals wishing to make voluntary national insurance contributions whilst abroad should apply using form CF 83 which is attached to the guide Social Security Abroad (NI 38), available from the HMRC website.
In most cases only limited ongoing pension contributions can be made whilst someone is non-resident. Provided a personal pension or stakeholder scheme is already in force, an individual can continue to make contributions of up to £3,600 per annum for up to five years after their departure from the UK. With tax relief the cost of contributions would reduce to £2,880.
A UK employer can make contributions to a UK registered pension scheme for one of their employee’s who is working overseas. There must however be continuous employment and the individual must have a UK employment contract. Tax relief on such employer payments will be at the discretion of the Inspector of Taxes. In practice, it is rare for the Inspector of Taxes to deny or restrict tax relief.
Whilst non-resident it is possible to transfer existing pension benefits to other UK pension schemes, although independent advice should be sought regarding suitability.
At retirement the proceeds of UK pensions, whether state or personal, can be paid to a pensioner living overseas in accordance with the provisions of the plan. With a state pension, although this can be remitted overseas, if the individual is living outside of the EEA (European Economic Area) or in a country which does not have a reciprocal social security agreement with the UK, the amount of UK state pension they will receive each year will be frozen at the amount initially paid when it was first claimed. There are petitions to the UK Government on this subject each year, but in the current economic climate this is unlikely to change.
Offshore
British nationals may open bank accounts anywhere that they wish and whilst it is practical and indeed necessary to have a Dirham account, many will want an offshore bank account. In most cases these are subsidiaries of international banks with offices in one of the UK offshore jurisdictions such as the Channel Islands or Isle of Man. Advantages include no liability to UK tax on the interest earned whilst UK non-resident for tax purposes and the ability to time the repatriation of funds in a tax efficient manner.
Investment
For Brits living abroad, a number of investment options in the UK are available, but some are best avoided as there would be tax liabilities on growth or income. Existing Individual Savings Accounts (ISAs) can be retained, but no new funds can be contributed to these plans. Investments can be made to bonds and unit and investment trusts, but the potential tax liability means that it is generally more advantageous to use offshore investments.
There are a number of well known insurance companies who have offshore divisions and these offer a range of plans to suit most circumstances, both for regular payments and lump sums. Generally these providers offer access to several hundred funds for each plan, many managed by well known international fund managers, so suitable portfolios can be constructed in accordance with an individual’s personal attitude to risk, preferences and timescale.
A word of warning: certain salespeople are known to recommend long term savings plans but forget to mention that if such plans are encashed after returning to the UK the planholder is likely to have a significant tax charge. For most plans shorter terms will suit the majority of people, so be wary of anyone pushing a 25 year term plan as this will be in their interest, not yours.
There are investment products available offshore that have tax advantages for people returning to the UK, even if that is within five tax years of departure.
It is also possible to invest locally, but as assets in the UAE may be subject to Sharia law this may not suit all.
Protection
Many people have life assurance policies that they took out whilst resident in the UK, and provided there was no intention to move overseas when it was set up and premiums are paid from a UK bank account the plan should be valid. Critical illness plans, or those that include it may not be valid so it is worth checking this.
Once you are non-resident it is not possible to take out UK life assurance policies, but offshore providers offer a range of policies to suit most circumstances, including term assurances, whole of life plans and critical illness cover.
All residents should have suitable medical insurance to cover them whilst abroad, but many people do not realise that once they move overseas they are not eligible for free treatment by the National Health Service (NHS). Under the Health and Medicines Act 1988, health authorities may set their own charges for non-resident patients and these are reviewed annually. The only areas for which there is no fee is for people admitted to Accident & Emergency Departments, but follow up treatments and admissions may have fees. The exact rules and costs will vary between health authorities. With this in mind international medical insurance policies that include the UK are recommended.
Estate Planning
Having a will is important for financial planning, but the rules relating to inheritance in the UAE are different to those that apply in the UK. Sharia law will take precedence over assets held in the UAE and although this is not necessarily overridden by a will, a properly written Will may mean that your wishes are taken seriously into consideration. More importantly a Will allows parents to specify guardians for young children and to make arrangements for monies to be set up in trust for the children should both parents die.
UK Inheritance Tax is payable on worldwide assets for those that are UK domiciled. Domicile is a concept of general law and is used to determine the system of personal law (dealing with matters such as marriage, divorce and Wills) that should be applied to an individual who has connections with more than one jurisdiction. Domicile is distinct from nationality or residence and you can only have one operative domicile at any given time. The Inheritance Threshold for the tax year 2012/12 stands at £325,000.
Having a Will allows for assets to be distributed in accordance with the wishes of the settlor and if properly worded can also reduce the inheritance tax due. Wills should be written mainly in accordance with British law, taking into account assets held elsewhere, but these can be arranged in the UAE. Always ensure that your will is arranged by a lawyer.
Returning home
British Nationals do not have to repatriate their assets should they return to the UK and may keep them overseas for as long as they wish. Any growth or interest however, will be subject to UK tax. In an ideal world a return to the UK is planned well ahead of time, particularly if there are considerable assets offshore or overseas that may have tax liabilities upon return.
As soon as someone takes up employment in the UK again they will come to the attention of the tax man and will usually be put on a, generally less favourable, emergency tax code whilst HMRC works out whether there is any outstanding tax liability. Form P86 ‘Arrival in the UK’ should be submitted upon return.
If you have any queries on this post, want to discuss your tax situation, or any other financial planning topic, please contact me keren@holbornassets.com
