THE ADDRESS Magazine No.21 | Page 66

of a discretionary trust created by the individual. The form of ownership which will suit each individual investor will vary not only according to his or her personal tax circumstances but also, and often more importantly, according to other factors such as privacy of ownership, or any applicable fixed inheritance rights of heirs, such as Sharia law or those of many European and other civil law countries. Tax considerations Income tax Income tax will be relevant if a UK property is rented out, in which case the rental income will have a UK source and will be taxable in 66 the UK, except to the extent of any allowable expenditure. The tax rates and other specific considerations (including issues such as shadow directors and the receipt of benefits in kind) may vary according to the structure through which the property is held, and advice will be needed accordingly. Inheritance tax (IHT) Even where an individual is dom iciled outside the UK, inheritance tax will be applicable to his or her UK situated assets. Prior to 2013 this was easily avoided by owning the property through an offshore company. However, with the introduction of ATED and ATED-related CGT (see below) this may not be the best option. Furthermore, the UK Government www.theaddressmagazine.com