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Money gifts into US accounts and the tax man

Money gifts into US accounts and the tax man

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Old Apr 20th 2015, 5:25 am
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Default Re: Money gifts into US accounts and the tax man

Originally Posted by nicolatwig
Has anyone used QNUPS or QROPS? I am selling/sold my UK property on avoid the new tax changes and am thinking of using Momentum in Malta. Has anyone used this or other QNUPS? Also, what are the charges? My charges would be 1000 set up fee, 1000 a year from Momentum and .25% from the adviser? I have about 7 years before I would start draw down.

Any comments/feedback would be appreciated
An adviser is recommending a QROPS with Momentum? What on Earth are the reasons for that, given the scenario you have given? If a QNUPS, what is the reason for that? Are you UK non domicile?
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Old Apr 20th 2015, 5:31 am
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Default Re: Money gifts into US accounts and the tax man

FWIW sending the money in increments below the reporting threshold is known as "structuring" and can have its own set of penalties.

http://en.wikipedia.org/wiki/Structuring
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Old Apr 20th 2015, 10:04 am
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Default Re: Money gifts into US accounts and the tax man

Originally Posted by penguinsix
FWIW sending the money in increments below the reporting threshold is known as "structuring" and can have its own set of penalties.

Structuring - Wikipedia
Not exactly, "structuring" is specific to cash deposits, but the reasons, effects and consequences are very similar.

Last edited by Pulaski; Apr 20th 2015 at 10:12 am.
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Old Apr 20th 2015, 2:26 pm
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Default Re: Money gifts into US accounts and the tax man

I am UK domiciled. The flat was inherited by my brother and I in 2012 and I bought him out in 2013. Not sure if it still counts as inheritance?
The adviser is suggesting that the flat be sold to avoid future CGT in both the UK and the US plus double taxation on income in both countries. If it is put into a QNUPS/QROPS then tax is avoided until taken out as income in 7 years with 30% being taken out tax free first. Is he misleading me?
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Old Apr 20th 2015, 2:34 pm
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Default Re: Money gifts into US accounts and the tax man

You would need tax advice in the US before placing money into a trust. Would the 30% be tax free in the US? This is not a pension being transferred, but a new investment. It is not taxable in the UK.
What relevance has 7 years? PET rules ( ie 7 years ) do not come into play with QROPS/QNUPS.
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Old Apr 20th 2015, 2:58 pm
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Default Re: Money gifts into US accounts and the tax man

30% is tax free in the US and UK. Checked on IRS website and UK website. 7 years is when I get to retire
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Old Apr 20th 2015, 2:59 pm
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Default Re: Money gifts into US accounts and the tax man

Originally Posted by nicolatwig
I am UK domiciled. The flat was inherited by my brother and I in 2012 and I bought him out in 2013. Not sure if it still counts as inheritance?
The adviser is suggesting that the flat be sold to avoid future CGT in both the UK and the US plus double taxation on income in both countries. If it is put into a QNUPS/QROPS then tax is avoided until taken out as income in 7 years with 30% being taken out tax free first. Is he misleading me?
That sounds more like a scheme to generate fees and commission for the advisor than save you any money. Selling the flat will not generate "income" in either the US or the UK, though there might be a little capital gain over the time since you inherited (half) and bought (half) of it. If there is any tax to pay it will be paid in one country, not both, because there is a tax treaty to prevent double taxation, and so I would treat advice from anyone who tells you would be taxed twice, with a large pinch of salt.

Personally I would find an experienced and qualified tax accountant to look at your situation and advise you, because there are all manner of "financial advisors" out there with dubious qualifications to provide advice on potentially complex tax situations - and if they are getting fees or commission their advice is not going to be impartial.
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