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Published byAudra Wilcox Modified over 9 years ago
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Practical Examples of how recent legislative & regulatory changes are affecting EBT trustees Heidi Wilson Friday, 11 July 2008
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Introduction Significant levels of change from both regulatory and legislative perspectives Awareness, planning, implementation & ongoing application Practical examples from a working business Set up & take on, the life of the EBT and underlying plans, vesting of options or awards The trust company itself
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Set up & take on Customer due diligence procedures Terrorist financing & anti-corruption legislation Data Protection US Jobs Creation Act update Dividend waivers & the listing rules ABI Responsible Investment Disclosures
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Day to day administration… Internationally mobile expatriates Director’s disclosures Execution of deeds by companies New HMRC forms for companies’ annual share scheme reports Trust & Estate Tax returns for non-resident trusts
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…during the life of the plan… Leaver rate National Insurance – weekly upper earnings limit Stamp Duty Change of control – level of awards vesting Employee Benefit trust loans
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…through to vesting of awards or options EMI changes Capital Gains Tax – new 18% flat rate & abolition of taper relief Entrepreneur’s relief Two client company examples
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Company A An EMI scheme implementation Options vesting Spring 2008 Creation of an EBT to facilitate sale of shares Agreement of a share valuation Stamp Duty considerations New CGT rate applies now
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Company B A share purchase plan A private company Forfeiture restrictions apply Bad leavers Now CGT rate changes apply An option plan for the future
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The business itself Residence and domicile tax reforms – day counting GST Financial resource requirements & the ANLA calculation Professional Indemnity Insurance FSA – Treating Customers Fairly
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Thank you for listening Heidi Wilson Head of Offshore HBOS Employee Equity Solutions T: +44 (0)1534 281802 M: +44 (0) 7797 741618 Heidi.wilson@hbosees.com Contact details
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