THE ADDRESS Magazine No.21 | Page 70

non-resident CGT, not surprisingly ATEDrelated CGT takes priority as it is at 28% rather than 20%! Gains that are outside the scope of either ATED-related CGT or non-resident CGT for any reason, including gains which predate the introduction of either tax charge, may still be liable to CGT if certain antiavoidance provisions apply. For example, these provisions may attribute a proportion of the gains of an offshore company to its UK resident shareholders or, in the case of companies held by offshore trustees, to UK resident and domiciled settlors, or UK resident beneficiaries of the trust. Conclusion No single structure will always be right for acquiring and holding UK property. An individual may have other, non-tax considerations, that may determine which structure is the best one for them. A trust structure might be preferred from an asset protection perspective, for confidentiality reasons or if the individual wishes to plan for future generations. Also, the investor's tax attributes and intentions for the future will determine what is optimal in each case. This necessarily involves an element of crystal ball gazing – in terms of how the property will be used (for personal occupation, to generate rental income, for capital appreciation or to quickly resell at a gain) and where the investor and their family will be living in the foreseeable future. With the world becoming a much smaller place and the investments and lifestyles of wealthy individuals and their families becoming progressively more international, this is an imprecise science, the conclusions of which should be revisited each time there is a material change in circumstances. 70 This note provides a brief and simplified outline of the complex tax considerations that may be relevant in relation to an acquisition of UK property. Detailed tax advice should be sought before proceeding, particularly as significant changes are likely to take effect in April 2017 that may affect how individuals will be taxed in respect of their UK residential property and otherwise, as discussed above. Also, there are other UK tax rules and considerations that a foreign investor should consider before going ahead with the purchase of UK property (for instance, comprehensive anti-avoidance provisions). The key message is that anyone wanting to take advantage of the London residential property market must plan carefully before investing. Anthony Thompson is a partner and Charlotte Knight an associate at the UK headquartered international law firm Wragge Lawrence Graham & Co. Anthony heads the Private Capital team who advise ultra high net worth international clients on UK tax and immigration as well as cross border estate planning and family governance matters. The team were winners of the Private Client: Effective Team award 2014 and Anthony was Lawyer of the year at the Citywealth Magic Circle Awards 2014. With offices in London, Birmingham, Brussels, Dubai, Guangzhou, Monaco, Moscow, Munich, Paris and Singapore, Wragge Lawrence Graham is a full service law firm holding leading market positions in private client; real estate, the Alternative Investment Market, investment funds; construction, IP/IT; pensions and corporate and commercial. [email protected] [email protected] www.wragge-law.com www.theaddressmagazine.com