Jurisdictions:
Argentina, Argentina, Australia, Austria, Bahamas, Belgium, Bermuda, Brazil, British Virgin Islands, Canada, Cayman Islands, Channel Islands: Guernsey, Channel Islands: Jersey, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Ireland, Isle of Man, Italy, Japan, Liechtenstein, Luxembourg, Mexico, Netherlands Antilles, Russian Federation, Scotland, South Africa, South Korea, Spain, Switzerland, The Netherlands, Turkey, USA, United Kingdom
This tool enables subscribers to search the Country Q&A in the PLC Private client multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button.
Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.
Taxation
Tax year and payment dates
1.
When does the official tax year start and finish in your jurisdiction and what are the tax payment dates/deadlines?
Domicile and residence
2.
What concepts determine tax liability in your jurisdiction (for example, domicile and residence)? In what context(s) are they relevant and how do they impact on a taxpayer?
Taxation on exit
3.
Does your jurisdiction impose any tax when a person leaves (for example, an exit tax)? Are there any other consequences of leaving (particularly with regard to individuals domiciled in your jurisdiction)?
Temporary residents
4.
Does your jurisdiction have any particular tax rules affecting temporary residents?
Taxes on the gains and income of foreign nationals
5.
How are gains on real estate or other owned by a foreign national taxed? What are the relevant tax rates?
6.
How is income received by a foreign national taxed? Is there a withholding tax? What are the income tax rates?
Inheritance taxes and lifetime gifts
7.
What is the basis of the inheritance tax or gift tax regime (or alternative regime if relevant)?
8.
What are the inheritance tax or gift tax rates (or alternative rates if relevant)?
9.
Does the inheritance tax or gift tax regime apply to foreign owners of real estate and other assets?
10.
Are there any other taxes on death or on lifetime gifts?
Taxes on buying real estate and other assets
11.
Are there any other taxes that a foreign national must consider when buying real estate and other assets in your jurisdiction?
12.
What tax-advantageous real estate holding structures are available in your jurisdiction for non-resident individuals?
Taxes on overseas real estate and other assets
13.
How are residents in your jurisdiction with real estate or other assets overseas taxed?
International tax treaties
14.
Is your jurisdiction a party to many double tax treaties with other jurisdictions?
15.
Is it essential for an owner of assets in your jurisdiction to make a will in your jurisdiction? Does the will have to be governed by the laws of your jurisdiction?
16.
What are the formalities for making a will in your jurisdiction? Do they vary depending on the nationality, residence and/or domicile of the testator?
Redirecting entitlements
17.
What rules apply if beneficiaries redirect their entitlements?
Validity of foreign wills and foreign grants of probate
18.
To what extent are wills made in another jurisdiction recognised as valid/enforced in your jurisdiction? Does your jurisdiction recognise a foreign grant of probate (or its equivalent) or are further formalities required?
Death of foreign nationals
19.
Are there any relevant practical estate administration issues if foreign nationals die in your jurisdiction?
Administering the estate
20.
Who is responsible for administering the estate and in whom does it initially vest?
21.
What is the procedure on death in your jurisdiction for tax and other purposes in relation to:
Establishing title and gathering in assets (including any particular considerations for non-resident executors)?
Paying taxes?
Distributing?
22.
Are there any time limits/restrictions/valuation issues that are particularly relevant to an estate with an element in another jurisdiction?
23.
Is it possible for a beneficiary to challenge a will/the executors/the administrators?
24.
What is the succession regime in your jurisdiction (for example, is there a forced heirship regime?)
Forced heirship regimes
25.
What are the main characteristics of the forced heirship regime, if any, in your jurisdiction?
Real estate or other assets owned by foreign nationals
26.
Are real estate or other assets owned by a foreign national subject to your succession laws or the laws of the foreign national's original country?
27.
Do your courts apply the doctrine of renvoi in relation to succession to immovable property?
30.
Are trusts (or an alternative structure) recognised in your jurisdiction?
31.
Does your jurisdiction recognise trusts that are governed by another jurisdiction's laws and are created for foreign persons?
32.
What are the tax consequences of trustees (for example, of an English trust) becoming resident in/ leaving your jurisdiction?
33.
If your jurisdiction has its own trust law:
Does the law provide specifically for the creation of non-charitable purpose trusts?
Does the law restrict the perpetuity period within which gifts in trusts must vest, or the period during which income may be accumulated?
Can the trust document restrict the beneficiaries' rights to information about the trust?
34.
Does the law in your jurisdiction recognise claims against trust assets by the spouse/civil partner of a settlor or beneficiary on the dissolution of the marriage/partnership?
35.
To what extent does the law of your jurisdiction allow trusts to be used to shelter assets from the creditors of a settlor or beneficiary?
36.
What are the laws regarding co-ownership and how do they impact on taxes, succession and estate administration?
Familial relationships
37.
What matrimonial regimes in trust or succession law exist in your jurisdiction? Are the rights of cohabitees/civil partners in real estate or other assets protected by law?
38.
Is there a form of recognised relationship for same-sex couples and how are they treated for tax and succession purposes?
39.
How are the following terms defined in law:
Married?
Divorced?
Adopted?
Legitimate.
Civil partnership.
Minority
40.
What rules apply during the period when an heir is a minor? Can a minor own assets and who can deal with those assets on the minor's behalf?
41.
What procedures apply when a person loses capacity? Does your jurisdiction recognise powers of attorney (or their equivalent) made under the law of other jurisdictions?
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