STEP Journal: Issue 2, 2021

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STEP Journal Issue 2 2021

STEP Journal: Issue 2, 2021

Welcome to the second issue of the STEP Journal for 2021. This issue shines a spotlight on the Caribbean and Latin America, providing updates on wealth structuring, beneficial ownership and new tax rules. This issue also focuses on complex families and vulnerable clients, with features touching on elder abuse, vulnerable children and helping families navigate mental health challenges.


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STEP membership renewals 2021

Thank you for your support over the past year.

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January 2021 has already seen substantive policy headlines in the private client industry.

Author name
Emily Deane
Author bio

Emily Deane TEP is Technical Counsel at STEP.

Introduction
Emily Deane updates members on the changing landscape in the UK for disclosing information
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Above and beyond

STEP proudly presents the winners of the Founder’s Awards for 2021. We asked the recipients what the awards mean to them and how the spirit of community within the Society accentuated their experience of volunteering.

In January 2020, STEP launched its revised Disciplinary Rules (the Rules). Less draconian, yet more robust than ever before, the Rules provide greater flexibility for how STEP upholds its professional standards.

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Sarah Manuel
Author bio

Sarah Manuel is the Professional Standards Manager at STEP.

Introduction
Sarah Manuel outlines STEP’s revised process for handling disciplinary matters
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After a turbulent 2020, the world could be forgiven for hoping for a calmer 2021.

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Helen Swire
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Helen Swire is News Editor at STEP.

Introduction
Seismic political shifts heralded the arrival of 2021. Helen Swire examines what some of these changes may mean for tax, trust and estate legislation.
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By Sofia Thomas and James Pirrie

Reviewed by Steven Holden TEP

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Steven Holden
Author bio

Steven Holden TEP is a Tax Director at Edwards Chartered Accountants.

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Nature is the bedrock of our economy.

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Kristina Church
Author bio

Kristina Church is Head of CLIC Sustainable Solutions at Lombard Odier Investment Managers.

Introduction
As momentum gathers for eco-friendly policies, we must invest in our natural resources, writes Kristina Church
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Taxation

Africa

  • The Seychelles National Assembly’s final sitting of 2020 approved government-proposed amendments to the Business Tax Act, in a move to resolve EU concerns about its territorial tax system.
Author name
Helen Swire
Author bio

Helen Swire is News Editor at STEP.

Introduction
Helen Swire, News Editor at STEP, examines developments in legislation, regulation and taxation in Africa and the Middle East
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As the COVID-19 pandemic continues, many countries are searching for new sources of revenue, and Brazil is no exception. Due to a current debate at the Supreme Federal Court of Brazil (the Court), the country’s estate and gift tax (ITCMD) is back in the spotlight.

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Yuri Freitas and Pedro Rêgo
Author bio

Yuri Freitas TEP is a licensed attorney in New York and Brazil, and Pedro Rêgo is a wealth planner and a licensed attorney in Brazil.

Introduction
Yuri Freitas and Pedro Rêgo analyse a Brazilian Supreme Court case that will elucidate whether estate and gift tax may be applied to the succession of offshore assets
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Key points

What is the issue?

The Grand Court of the Cayman Islands has confirmed that s.90 of the Trusts Law (2020 Revision) does not confer exclusive statutory jurisdiction on the Cayman Islands courts.

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Andrew Peedom
Author bio

Andrew Peedom TEP is Counsel at Collas Crill.

Introduction
Andrew Peedom considers a judgment of the Grand Court of the Cayman Islands addressing the issue of exclusive jurisdiction clauses in trust instruments
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Key points

What is the issue?

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Camilo Cortés and Jose Eduardo Jiménez
Author bio

Camilo Cortés TEP is a Partner, and Jose Eduardo Jiménez is a Senior Associate, at Dentons Cárdenas & Cárdenas, Colombia.

Introduction
Camilo Cortés and Jose Eduardo Jiménez detail the challenges with implementing the notion of beneficial owners in collaboration agreements, trusts and investment funds in Colombia
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What is the issue?

Brazilian high-net-worth individuals are increasingly looking to diversify their wealth globally. However, there is a lack of clarity surrounding the treatment of trusts in Brazil.

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Siobhan Moret and Fred Ragno
Author bio

Siobhan Moret TEP is an Associate Director, and Fred Ragno TEP is a Client Director, at Saffery Champness, Geneva.

Introduction
Siobhan Moret and Fred Ragno consider the potential of nascent trust law for wealth structuring for Brazilian high-net-worth individuals
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Prior to 2020, controlled foreign corporation (CFC) rules set forth in Mexico’s Income Tax Law (the Law) also applied to foreign legal arrangements without legal personality, such as trusts and most partnerships.

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Pedro Ramirez
Author bio

Pedro Ramirez TEP is a Partner at Turanzas, Bravo & Ambrosi, Mexico.

Introduction
Pedro Ramirez explains the main new tax rules for foreign trusts in Mexico
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What is the issue?

Foreign direct investments in the United Arab Emirates mainland used to be subject to restrictions, notably the so-called ‘49–51 per cent rule’.

What does it mean for me?

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Alejandra Esmoris
Author bio

Alejandra Esmoris TEP is a Senior Associate at Bonnard Lawson, Dubai.

Introduction
Alejandra Esmoris explores the impact of new legislation facilitating foreign direct investments in the UAE
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Reimagining client relationships

Tanya McCartney examines how advisors may weave closer ties with clients, despite social distancing measures in place all over the world

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What is the issue?

England and Wales is a jurisdiction often favoured by individuals from overseas to either invest or own property in, although many will not be domiciled there.

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Paul Branch, Álvaro Aznar Azcárate and Alex Burch
Author bio

Paul Branch is a Partner, and Álvaro Aznar Azcárate TEP and Alex Burch are Senior Associates, at Buckles Law.

Introduction
Paul Branch, Álvaro Aznar Azcárate and Alex Burch discuss the administrative issues that arise with English and Welsh estates when the settlor dies domiciled abroad
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What is the issue?

The interaction between US domestic tax residency provisions and tax treaties is integral to international income tax and estate planning, particularly in light of the US expatriation tax.

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Christine Perry and William H Newton III
Author bio

Christine Perry is a Partner at Gowling WLG, Toronto, and William H Newton III TEP is author of International Income Tax and Estate Planning and a professor at the University of Miami College of Law.

Introduction
Christine Perry and William H Newton III detail the interaction between the US expatriation tax and tax treaties
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What is the issue?

In an increasingly globalised world, the issue of child relocation or permanent removal as a result of relationship breakdown is often thrust to the forefront of family law proceedings. 

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Rita Ku, Suzanne Todd, Ivan Cheong and Philippa Hewitt
Author bio

Rita Ku is a Partner at Withers, Hong Kong; Suzanne Todd is a Partner at Withers, London; Ivan Cheong is Partner at Withers, Singapore; and Philippa Hewitt is Professional Support Lawyer at Withers, Singapore.

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Rita Ku, Suzanne Todd, Ivan Cheong and Philippa Hewitt compare child removal applications in England and Wales, Hong Kong and Singapore
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For donors and attorneys acting under lasting powers of attorney (LPAs) or continuing powers of attorney (CPAs) in Scotland, enduring powers of attorney (EPAs), or indeed other powers of attorney (PoAs) in England and Wales and Scotland, a recent and welcome development is the availability of a s

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Mark Dunkley
Author bio

Mark Dunkley TEP is a Solicitor and a Consultant at Shakespeare Martineau.

Introduction
Mark Dunkley explores the availability and possible benefits of the surety bond for practitioners in England and Wales and Scotland
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In a technology-driven world, even the eldest members of our society have become familiar with financial scams: from calls over a car’s extended warranty to emails from a foreign prince promising riches.

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Scott Rahn
Author bio

Scott Rahn is Founder and Managing Partner at RMO, California.

Introduction
Scott Rahn writes that legislative reform may be needed to address a wave of financial elder abuse in the US, particularly in California
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Key points

What is the issue? 

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Bryony Cove and Charlotte Fraser
Author bio

Bryony Cove TEP and Charlotte Fraser are Partners at Farrer & Co.

Introduction
Preparing for potential mental health crises is as important as managing ongoing conditions, write Bryony Cove and Charlotte Fraser
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Child Trust Funds and their replacement, Junior ISAs, were introduced in 2005 and made available to all children born in the UK between 1 September 2002 and 2 January 2011.

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Stephen Horscroft
Author bio

Stephen Horscroft TEP is a Partner at Cripps Pemberton Greenish.

Introduction
Stephen Horscroft offers guidance for practitioners advising parents of vulnerable children who may be unable to access their UK Child Trust Funds
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Key points

What is the issue? 

With an affluent but ageing population, there is a growing risk of elder financial abuse, often involving legal transactions.

What does it mean for me?

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Darryl Browne
Author bio

Darryl Browne TEP is the Principal of BROWNE.Linkenbagh, Australia.

Introduction
Darryl Browne highlights best practice suggestions from recent Law Council of Australia guidance to avoid elder financial abuse
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Marriage rates in the UK have fallen greatly in the past few decades. Concomitantly, the number of cohabiting couples has significantly increased, and such couples are the fastest-growing family type.

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Emily Bueno
Author bio

Emily Bueno is an Associate at Mishcon de Reya.

Introduction
Emily Bueno looks at how courts in England and Wales balance legal certainty with fairness when determining cohabitees’ property rights
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What is the issue?

The treatment of clients in vulnerable circumstances has moved up the national agenda. It is essential that all professionals gain a thorough understanding of its implications for service delivery.

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Robin Melley
Author bio

Robin Melley TEP is a Chartered Financial Planner at Matrix Capital.

Introduction
Robin Melley provides a financial planner’s perspective on how best to advise clients in vulnerable circumstances in England and Wales
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What is the issue?

As of 1 January 2021, EU Council Directive 2018/822 (DAC6) is live for all EU Member States. Its rules are complex and frequently difficult to interpret with certainty.

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Andrew Knight
Author bio

Andrew Knight TEP is Managing Partner at Harneys, Luxembourg.

Introduction
Andrew Knight provides an update on the key elements of DAC6 for EU Member States
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In 2020, the England and Wales High Court (the Court) issued a decision in a case concerning two warring elements of the UK’s Greek Orthodox community and historic trust documents dating back to the 19th century.

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Steven Kempster and Olivia Turner
Author bio

Steven Kempster TEP is a Partner, and Olivia Turner is an Associate, at Withersworldwide.

Introduction
Steven Kempster and Olivia Turner detail a conflict between two Greek Orthodox charities over the wording of a 19th century declaration of trust
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What is the issue? 

The latest amendment to Act LX of 2017 on Arbitration allows any disputes related to trusts in Hungary to be referred to arbitration.

What does it mean for me?

Author name
Peter Kun
Author bio

Peter Kun TEP is a Managing Partner at Kun & Partner, Budapest.

Introduction
Peter Kun explains why the latest amendment to arbitration legislation means the start of a new era in resolving trust disputes in Hungary
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Breakdown of trust

Sital Fontenelle and Stacey Nevin explore the status of trusts during the divorce process in England and Wales

Member Q&A - Peter Bobbin

STEP Australia Chair Peter Bobbin TEP is a principal lawyer at Coleman Greig in Sydney. With more than 30 years’ experience under his belt, Peter has been instrumental in strengthening and growing the estate planning industry in Australia, as an active contributor to the financial services, superannuation and planning industries. We sat down with Peter to discuss his plans for 2021 and beyond with STEP Australia.