Tax
HNW Individuals Get No Tax Joy From UK Government – More Reactions

Here are more reactions to the details coming out of the UK government's spring statement earlier in the week.
On Wednesday,
as reported here, any hopes that the UK Chancellor of the
Exchequer might change course on taxes as they affect affluent
and HNW clients were disappointed. Government forecasts for
economic growth were cut and, with public coffers under pressure,
wealth managers will continue to be busy trying to help clients
handle these pressures. Certain changes, such as those
affecting inheritance tax (IHT), are going ahead.
Here are more reactions from practitioners across the
industry.
Helena Luckhurst, partner, Fladgate, a law
firm
In a major change to the current rules, from 6 April 2025, anyone
who is not a “Long-term UK resident” (LTR) is outside the
UK’s inheritance tax net, at least for their non-UK situs
assets.
For individuals aged 20 or older, LTR status means that they must
have been UK resident for at least 10 of the previous 20 tax
years. However, once an individual ceases to be UK resident, LTR
status is also phased out on a sliding scale of between three to
10 years. For example, if the individual was UK resident for 13
of the past 20 tax years before becoming non-UK resident, they
will lose their LTR status after three tax years of non-UK
residency. If they were UK resident for 16 years, they lose LTR
status after six tax years of non-UK residency, and so on.
Under the current law, returning Brits who are “formerly
domiciled resident” have their worldwide assets exposed to IHT
after a grace period of only one tax year – not a very
generous “welcome home.” Fast forward to 6 April 2025, and
it’s a completely different picture for returning Brits who have
been abroad for at least 10 consecutive tax years in the previous
19. Their non-UK situated assets are not subject to IHT for 10
years, beginning with the UK tax year of their arrival – a very
nice welcome home.
Of course, you don’t have to be a Brit to enjoy this IHT
treatment but the contrast between the current rules and the
soon-to-be current rules could not be starker for those born in
the UK with a UK domicile of origin in particular.
The change is also a significant win for Brits who intend to stay
abroad. Under current rules, individuals living abroad who retain
their UK domiciles (actual or deemed) are exposed to IHT on their
worldwide estates, regardless of where they are tax resident.
It’s hard to lose a UK domicile if you like to move between
different countries or intend to return to the UK upon
retirement. From 6 April 2025, ex-pats just need to work at
staying “not LTR” if they want to keep their non-UK situs outside
the clutches of IHT.
Hugo Smith, head of private wealth at Broadfield, a law
firm
The Spring statement includes proposals to give HMRC additional
powers to crack down on tax avoidance and evasion.
HMRC already has extensive powers to obtain information
about taxpayers from taxpayers themselves and from financial
institutions. HMRC also receives unprecedented volumes of
information from overseas revenue authorities as part of the
global agreements on international tax information exchange. In
2018/19, HMRC used this information to recover £100 million
($1.29 million) from non-compliant taxpayers. Whilst HMRC’s
“Connect” computer analyses the information and identifies
potential non-compliance, an increase in the personnel at HMRC to
follow this up will certainly help to collect more funds for the
public purse.
The government and HMRC have, for many years pursued strategies
to reduce tax avoidance – the legitimate but artificial
reduction of tax liabilities – as well as evasion. They
are now consulting on even more draconian measures to counteract
marketed avoidance schemes.
The Disclosure of Tax Avoidance Schemes (DOTAS) rules require
information about schemes to be provided to HMRC at an early
stage so that it can counteract them, using legislation if
necessary. A failure to report information may result in
penalties. The consultation proposes to create a strict liability
criminal offence of failing to notify arrangements to HMRC under
DOTAS which could result in two years in prison.
At present, HMRC can issue “Stop Notices” to promoters of schemes
to prevent them from selling their schemes. It is now proposed to
introduce a “Universal Stop Notice” which would prevent anyone
for promoting the same or a “similar” scheme, potentially subject
to criminal sanctions.
The Consultation also proposes to remove Legal Professional
Privilege, which is fundamental to the confidentiality between
lawyer and client in some situations.
A further consultation seeks to enhance HMRC’s powers to obtain
information and impose greater sanctions on tax advisors who
“harm the tax system and who facilitate non-compliance of their
clients.”
It is clearly desirable to combat tax evasion and to discourage
the use of abusive avoidance schemes. The concern with the
proposals is that they are widely drawn and as well as catching
their intended targets have the potential to include responsible
professionals legitimately advising their clients on tax
planning. It will be important to safeguard the ability of
responsible advisors to advise in the best interests of their
clients, especially if they could be subject to criminal
sanctions.
To put these issues in perspective, HMRC acknowledges that there
is a very small number of promoters of tax avoidance
schemes. Further, avoidance contributes a mere 4 per cent to the
£35.8 billion ($46.4 billion) “tax gap” (the estimated difference
between the tax collected and the tax HMRC believes is due). The
government seems to be devoting a lot of additional resources to
tackling this comparatively small problem. Could those resources
better be deployed in helping those taxpayers who are careless or
who make innocent errors, who contribute 45 per cent to the tax
gap, to get their tax liabilities right?
Rob Morgan, chief investment analyst at wealth manager
Charles
Stanley
Despite some fire and brimstone in the Chancellor’s delivery in
the House of Commons, the revised forecasts for the UK economy
and public finances from the government’s official forecaster,
the Office of Budget Responsibility (OBR) paint an uncomfortable
picture.
The OBR slashed the GDP growth outlook for this year to just 1 per cent from the 2 per cent it predicted last October. It also upped its inflation forecast to 3.2 per cent and predicts price rises will not fall to target before 2027. This economic cocktail of weak growth and high inflation is an unpleasant one to swallow and would have resulted in the Chancellor shattering her fiscal rule without taking corrective action in the form of £14 billion of spending cuts.
There was, however, a more optimistic picture for the next four years with the OBR revising growth assumptions marginally upwards, almost making up for the 2025 downgrade over the five-year time frame. This was largely the result of the Chancellor’s planning reform policies now being integrated into longer-term forecasts.
Ahead of the day, Ms Reeves had emphasised that this was not to
be a “tax and spend” event, so it was not a surprise to see her
resist new tax rises. The government’s promise not to raise
personal or corporate tax rates alongside some worrying early
signs in the jobs markets will have also prevented her from
opting for hikes. There is just too much risk in terms of
upsetting profitability, growth and employment. The focus was
therefore on reducing spending. However, there were a few items
of note for personal finances in the accompanying documents.
There have been rumours circulating for the past few weeks that
the government is considering making changes to ISAs to encourage
more people to invest rather than save.
Treasury documents released after the Spring Statement confirmed
that it is investigating reforms to "strike the right balance"
between cash and equities to earn "better returns for savers,
boost the culture of retail investment and support the growth
mission."
This implies that the cash ISA limit could be cut in future.
Under current rules, savers and investors can split their £20,000
ISA allowance across the different ISA types, primarily cash and
stocks and shares ISAs, as they see fit.
Encouraging greater use of stocks and shares ISAs over their cash
equivalent could help more people build wealth over the long term
and help direct capital towards productive investment, so it’s
understandable why the government wants to examine this. However,
a convoluted system of an ISA allowance with a sub-allowance in
cash could introduce unwanted complexity into the ISA
landscape.
There has been significant pushback over some of the
Chancellor’s planned measures for inheritance tax announced
in October’s Budget. However, there was no further update on the
cap on exemptions on business assets and agricultural land from
2026 nor the inclusion of pension pots in estates from 2027.
The changes will be of great concern to owners of family
businesses and farms who aim to pass assets to the next
generation. They potentially face additional complexities and
large tax bills, especially in the absence of judicious financial
planning.