Tolley's Tax Planning for Owner-Managed Businesses 2015-16

Contents
Preface
Author Biographies
Table of statutes
Table of statutory instruments
Table of cases
PART A PLANNING
Section I: UK Resident and Domiciled Individuals: use of
Offshore Structures as Tax Shelters
1 Offshore trusts
2 Offshore companies
3 Offshore funds
4 Life policies
5 Overview
6 Holding companies
7 Traps and pitfalls
8 Income distributions
9 Capital distributions
10 Planning points in relation to capital distributions
11 Bringing the trust onshore
12 Basic planning
13 Pre-arrival planning
14 Bringing money to the UK
15 Identifying non-UK investments
16 Mitigating tax on UK investments
17 Home ownership
18 Creating offshore settlements
19 Foundations
20 Anticipating UK domicile or deemed domicile
21 General
22 Provision for the settlor
23 Provision for other beneficiaries
24 CGT planning
25 Sheltering business profits
26 Employee benefit trusts
27 Investment in real estate by offshore companies
28 UK houses for non-residents
29 Emigration
30 Migration of trusts
31 Company migration
PART B THE DOMESTIC LEGAL FRAMEWORK
32 Characterisation
33 Characterisation of foundations
34 Sham trusts
35 Territorial limits
36 Situs of assets: general rules
37 CGT situs rules
38 Source
39 The residence of individuals
40 Residence of trusts
41 Residence of companies
42 Domicile: general principles
43 Domicile for inheritance tax
44 Eligibility for the remittance basis
45 Long-term residents: the annual charge for the remittance basis
46 Relevant foreign income
47 Foreign chargeable gains
48 Earnings
49 Core meaning of ‘remittance’
50 Derivation
51 Mixed funds
52 Relevant persons
53 Services provided in the UK
54 Debts relating to property enjoyed in the UK
55 Anti-avoidance provisions: Conditions C and D
56 Business investment relief
57 Other exemptions from tax on remittances
58 The relevant property regime
59 Exceptions to the relevant property regime
60 Excluded property and settlements
61 Excluded property and the relevant property regime
62 UK income of non-residents
63 UK gains of non-residents
64 ATED and ATED related CGT
65 Stamp duty land tax
66 Relevant transfers
67 Transferors
68 Non-transferors
69 The s 733 computation
70 Non-UK domiciliaries
71 The motive defence
72 European defence
73 Attribution of income to the settlor
74 Attribution of gains to the settlor
75 Section 87
76 Capital payments
77 Capital payments and non-UK domiciliaries
78 Trustee borrowing
79 Schedule 4C pools
80 Trust offshore income gains
81 Reservation of benefit rules
82 The IHT treatment of liabilities due from individuals
83 The IHT treatment of liabilities: trusts and reservations of benefit
84 Pre-owned assets
85 The general anti-abuse rule
86 Close companies
87 Corporate gains: section 13
88 Transfer pricing
89 Diverted profits tax
90 Benefits in kind
91 Employment income provided through third parties
92 Offshore funds
93 The regime applicable to life policies
94 Introduction to DTTs
95 Treaty residence
96 Overview of distributive articles
97 Availability of relief
98 Problem entities
99 DTTs and anti-avoidance legislation
100 The fundamental freedoms
101 Impact of the freedoms on anti-avoidance legislation
102 The Liechtenstein Disclosure Facility
103 The UK/Swiss Tax Cooperation Agreement