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The Art of Estate Planning
For many art collectors, building a collection is a lifelong endeavour. Whether you collect for personal enjoyment or as an investment, your collection often becomes a significant part of your estate. It is therefore essential that collectors engage early with estate planning, to ensure that their collections pass in the way they intend, and that they are properly preserved and managed after death.
Taking Stock and Knowing Your Collection’s Worth
One of the first steps for any collector is understanding exactly what is in their collection. Maintaining a detailed inventory throughout your life will help your executors and trustees identify each item and determine its value for UK Inheritance Tax (IHT) purposes.
Knowing the value of your collection can also inform your decision as to how to transfer or gift it in the most tax-efficient way, whether during your lifetime or upon your death, and whether to individual or institutional beneficiaries.
Your inventory should be as detailed as possible, including information such as object type, images or illustrations, measurements, features, title, relevant dates and periods, and as much evidence as possible of provenance. Many auction houses and art advisers offer these services, and appointing professional valuers will assist with providing accurate and credible valuations.
If you already have advisers who are familiar with your collection, let your executors and trustees know (perhaps in a letter of wishes) who these experts are. This will help to ensure the ongoing management and preservation of your collection.
Choosing The Right Executors
Depending on the nature of your collection, it might be wise to appoint executors who have a good understanding and appreciation of art. They should be capable of coordinating appraisals, overseeing the collection’s transfer or sale, and navigating the intricacies of the art market. If your collection is held in a Will trust, you can also appoint specific trustees with the necessary expertise to manage the trust, who are separate from the general executors of your Will.
Understanding The Inheritance Tax
For IHT purposes, art, antiques, and other collectibles are treated like any other tangible asset. IHT is generally payable on estates exceeding £325,000, unless the estate is left to an exempt beneficiary, such as a spouse or civil partner, or UK charity.
Once your collection is valued for IHT purposes, this valuation is submitted to HM Revenue and Customs (HMRC) as part of the IHT account. IHT, if due, is then payable on the estate.
However, certain schemes and reliefs can reduce or exempt the IHT liability for eligible artworks, such as the ‘Acceptance in Lieu’ (AIL) scheme and the ‘Conditional Exemption Tax Incentive’ (CETI).
The AIL scheme allows those liable to IHT to pay the tax by transferring important cultural, scientific, or historic objects and archives (including artworks) to the nation. If accepted, the estate receives the open market value of the artwork, minus the IHT due, and a 25% douceur for art.
If the AIL scheme is not an option, personal representatives might consider the CETI, which exempts IHT on certain items including artworks, as long as they meet specific criteria. Under the CETI, the estate may retain such artworks provided they are accessible to the public for certain periods each year.
Leaving a Legacy
Beyond IHT concerns, if you do not specifically provide for your collection in your Will, it might end up as part of your residuary estate. This could mean your art goes to beneficiaries you did not intend to benefit or that your collection ends up being divided in complicated ways if your residuary beneficiaries are a class, for example, to your children generally.
By putting a Will in place that considers your art collection, or by setting up appropriate ownership structures, you can ensure your chosen beneficiaries inherit your collection and that it is managed and preserved properly.
Taking these steps will help secure your collection’s future, allowing it to be enjoyed and appreciated for generations to come.
To discuss any of the points raised in this article, please contact Ben Rosen or fill out the form below.
Labour’s New Tax Era: Key Changes to Expect After Historic Victory
After a historic landslide victory, the Labour Party is headed to power after 14 years of a Conservative Government. This article considers the likely key tax policies to be expected from the Labour Party during its term.
Income Tax and Capital Gains Tax (CGT)
The Labour Party has pledged to not raise taxes for ‘working people’ including no change to income tax and national insurance, however, there has been no confirmation regarding other taxes including CGT.
The Chancellor, Rachel Reeves, has said that the Labour Party has no plans to raise CGT, but there is the possibility of increasing the levy during the Labour Government’s full term.
CGT is levied on the profits made on the sale of assets and financial advisors and wealth managers have reported that clients are already starting to take action to sell assets amid the fears of an increased levy. There are also additional concerns that this could discourage investment in the UK.
Value Added Tax (VAT)
The Labour Party has committed to no increase in the rates of VAT, however, there is likely to be an introduction of VAT on private school fees at the standard rate of 20%. This change will apply equally to UK resident parents and non-UK resident parents.
From a practical perspective, this is likely to have a knock-on effect on the state system as it is predicted that more children will leave the private system as a result of the increased fees.
Non-Domicile Regime
Similar to the Conservative Party, the Labour Party intends to abolish the current ‘non-dom regime’ and replace it with a new regime for overseas individuals spending short periods in the UK. The proposals are to move to a residence-based system from 6 April 2025 whereby individuals who move to the UK will not pay tax on their overseas income and gains in their first four years of UK residence. After this period, all worldwide income and gains will be subject to UK taxation.
The Labour Party have indicated that they may consider applying incentives under temporary repatriation relief for non-domiciled individuals to bring their overseas income and gains into the UK although the details of this are yet to be announced.
Whilst the Conservative Party in their initial proposals had indicated a 50% reduction in the first year of the new regime for non-domiciled individuals who are already UK resident in tax years 2025/26, the Labour party proposes to eliminate this relief.
Inheritance Tax (IHT)
Together with the changes to the non-domicile regime, the Labour Party has also proposed to move IHT to a residence-based regime, whereby individuals will be subject to IHT on their worldwide assets after 10 years of UK residence.
The Labour Party also pledges to disapply the IHT tax protection for offshore trusts.
Stamp Duty Land Tax (SDLT)
It is proposed that SDLT will be increased for non-residents. The SDLT surcharge for non-UK residents will be increased to 3%.
Corporation Tax
There are no plans to increase Corporation Tax and to cap the main rate of tax at 25%.
Private Equity Industry
The Labour Party intends to tax private equity carried interest at income rates as ‘employment related’ income.
For tax and private client advice and services, please contact Eleanor Catling via our contact form below.
How to Secure a Sponsor Licence for Your Start-Up: A Guide From a UK Immigration Lawyer
Overview
The first quarter of 2024 has shown significant growth for start-ups in the UK, with a 10% increase in new business registrations compared to the previous year, according to Companies House data. Despite challenging economic conditions, this surge in entrepreneurial activity persists. However, many start-ups face a significant skills shortage, prompting them to look beyond UK borders for top talent. This guide outlines how your start-up can secure a Sponsor Licence to hire skilled workers from abroad.
The International Labour Market and Skills Shortage
Nearly one-third of UK businesses report experiencing a labour shortage, as highlighted by the Office for National Statistics (ONS). This shortage is exacerbated by various factors, including high energy prices, rising borrowing costs, and international conflicts. The Federation of Small Businesses reports that 80% of small firms struggle to recruit candidates with the necessary skills. As a result, many start-ups are seeking talent from overseas to meet their business needs.
Understanding The Sponsor Licence
A Sponsor Licence permits UK employers to hire workers from outside the UK, including the EU. It also covers unpaid roles, such as charitable work.
Exceptions
There are exceptions based on agreements between the UK and specific countries. Consult with an immigration solicitor to determine if you qualify for an exemption.
Steps To Obtain a Sponsor Licence
- Eligibility Check: Verify if your start-up qualifies for a Sponsor Licence.
- Role Suitability: Ensure the position you intend to fill is eligible for sponsorship.
- Licence Type Selection: Choose the appropriate type of licence based on the role.
- Sponsorship Management: Designate individuals responsible for managing sponsorship within your start-up.
- Online Application: Complete the application online and pay the applicable fee.
Eligibility Criteria
To be eligible, your start-up must meet specific conditions demonstrating good business and employer conduct:
- No unspent criminal convictions, especially related to immigration offences, fraud, or money laundering.
- No Sponsor Licence revocation in the past 12 months.
- Adequate systems to monitor sponsored workers, including staff to manage sponsorship and a track record of reliability and compliance.
Role Suitability For Sponsorship
The role you wish to sponsor must meet the UK Immigration Rules. For instance, roles must comply with minimum wage and working time regulations. Specific salary thresholds apply depending on the visa category:
- Skilled Worker Visa: Generally, £38,700 per annum.
- Scale-up Worker Visa: Generally, £36,300 per annum.
Quastels’ experienced advisers can assist you in navigating these requirements.
Types of Sponsor Licences
Your choice of licence will depend on the nature of the employment:
- Temporary Worker Licence: For short-term roles such as volunteering or job-shadowing.
- Worker Licence: For employing skilled workers in short-term, long-term, or permanent roles. This excludes certain roles like the Scale-up Worker, intended for supporting fast-growing businesses.
Sponsorship Management
Your start-up must appoint individuals and establish systems to manage the sponsorship process and the sponsored workers. Key roles include:
- Authorising Officer
- Key Contact
- Level 1 User
These individuals must pass suitability checks, such as having no unspent criminal convictions and not being fined by UKVI in the past 12 months. They should also be based in the UK and not subject to bankruptcy restrictions. Quastels can help assess your compliance with these requirements.
Application Process
The final step involves completing the application, submitting supporting documents, and paying the relevant licence fees.
Conclusion
Securing a Sponsor Licence is essential for start-ups looking to hire international talent. By following these steps and ensuring compliance with UK immigration regulations, your start-up can successfully navigate the process. For personalised assistance, consider consulting with Quastels’ experienced immigration advisers.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.