Tax
Deadline Looms For UK Non-Doms To Sign Up For New Reporting Regime

A deadline is fast approaching for UK non-domiciled individuals to take advantage of a new reporting regime or run the risk of deep intrusion into their financial lives.
Lawyers are warning people with non-domiciled status who live in
the UK that they have less than a week to elect to join the
country’s alternative reporting regime or run the risk that full
details of offshore accounts, trusts and companies are sent to
the UK tax authority.
The message comes from Pinsent Masons, the
law firm. The deadline to apply to join the reporting regime is
30 May.
UK rules stemming from the US Foreign Account Tax Compliance Act,
or FATCA, mean than financial institutions in Crown Dependencies
or British Overseas Territories will have to share non-doms’
financial details with HMRC from September 2016.
However, if non-doms elect to join HM Revenue & Custom’s
alternative reporting regime, offshore financial institutions
will only have to report the details of accounts and trusts which
have remitted cash to the mainland UK and not other assets, the
law firm said in a note.
The Crown Dependencies are the Isle of Man, Guernsey, and Jersey;
and the British Overseas Territories participating in the
information exchange are Anguilla, Bermuda, the British Virgin
Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks
and Caicos Islands.
“Non-doms who fail to act quickly will lose a great deal of
anonymity and potentially make themselves vulnerable to lengthy,
in depth tax investigations. In many cases these investigations
will be unnecessary, and have the potential to generate a lot of
disruption, even for taxpayers whose tax affairs are compliant,”
Paul Noble, tax director at Pinsent Masons, said.
There is a time lag between the deadline for electing to use the
alternative reporting regime and the exchange of information
taking place. The information due to be exchanged in September
2016 will cover calendar years 2014 and 2015.
“HMRC will be able to use the additional FATCA information to
launch investigations. The level of detail that offshore
financial institutions will have to disclose about their clients
far exceeds that required in a normal UK tax return. For example,
FATCA requires the disclosure of the balances held in each
account,” Noble continued.
“Even if the information that HMRC receives through FATCA does
not demonstrate that a non-dom has evaded tax, it could still be
used as the basis amount to launch investigations into non-doms’
finances. Indeed, most of this information will be irrelevant to
HMRC but they will still have access to it, and will seek to use
it to their advantage. Advisors should be recommending to any
non-dom clients that they elect to the alternative reporting
regime as soon as possible.
“Schemes like the Liechtenstein Disclosure Facility allow
non-doms to ‘come clean’ about any tax avoidance they have
engaged in and, in exchange, gain the right to avoid criminal
prosecution. The LDF scheme will close, early, at the end of
2015, and any non-payment of tax discovered subsequently could
result in criminal charges being brought,” he added.