
March 2025 Newsletter
2024 heralded historic changes in leadership on both sides of the Atlantic with Sir Keir Starmer becoming the first Labour Prime Minister in the United Kingdom for 14 years and President Trump securing his second term as President of the United States.
The implications of these changes at the top are wide-ranging and have already brought focus to UK pensions. Changes include proposed legislative changes to UK pensions, additional taxation on UK pensions, and more broadly general market impacts. In this newsletter, we bring updates on: global markets from a UK fund manager’s perspective; highlight proposed changes to UK pensions and taxation; new rules on UK domicile for UK non-residents; and the abolition of the United States Windfall Elimination Provision.
Margetts Fund Management:
Quarterly Commentary and Strategy
1 November 2024 – 31 January 2025
This reporting period provided positive returns for all major equity markets with North America providing the most significant growth as US business confidence was generally buoyed by Donald Trump’s convincing election win.
During the reporting period, North American markets outperformed with the Investment Association (IA) North American sector returning 9.66%. IA Japan, IA Europe (Ex UK), and IA UK All Companies returned 6.42%, 6.27%, and 5.04% respectively. The IA Global Emerging Markets sector and IA Asia Pacific (Ex Japan) provided more muted returns of 1.91% and 1.67% following strong returns in the previous quarter whilst IA UK Gilts fell by 0.13% as borrowing costs remained high.
The US election took place on 5th November 2024, being a symbolic date in the UK celebrating the unsuccessful attempt of Guy Fawkes to blow up the House of Lords in 1605 with gunpowder. Donald Trump swept to a convincing victory winning all swing states to provide a clear democratic mandate for his policies, being inaugurated as the 47th US President on 15th January 2025. His inauguration speech will likely be viewed by history as one of the most important speeches in a generation, and pointed to a new era of profound change, maybe even on the scale imagined by Guy Fawkes himself.
The key economic policies put forward by Donald Trump are the elimination of illegal migration and mass deportation of illegal immigrants, reduction in taxation for workers, significant expansion of manufacturing, significant expansion of energy production, and reduction to the cost of everyday goods. The first few weeks have seen the execution of 50 executive orders relating to wide-ranging matters such as the elimination of paper straws, a ruthless crackdown on waste via the Department for Government Efficiency (DOGE) headed by Elon Musk, and the implementation of tariffs.
The ‘honeymoon’ period is in full swing at the time of writing, with much optimism that ‘the Donald’ can deliver the paradisiacal vision he shares with his many supporters. Brexit voters may remember the festival mood that followed the referendum outcome on 23rd June 2016 however the £300m per week boost to the NHS remains elusive, as do many of the other expected Brexit benefits, reaffirming the reality that all change, even for the better, is often painful and slow.
Given the full democratic mandate, securing the borders and effecting mass forced deportation of illegal immigrants can be implemented in short order. Although this may reduce criminal activity, it will impact businesses that have used the cheap enthusiastic labour offered by hard-working immigrants. The long-term success of the US has been founded on immigration and the significance of this policy appears ignorant of the associated inflationary risks. Similarly, the imposition of tariffs is also inflationary and represents a tax on spending akin to VAT applied to imported goods.
Elon Musk and DOGE have implemented sweeping changes already, initially focused on the immediate disassembly of USAID, responsible for providing foreign aid, removal of diversity, equity, and inclusion (DEI) programmes together with many other initiatives targeting education, the IRS, and other government agencies altogether expected to create government spending savings of $1 trillion. At this early stage, the implementation of these new policies feels frenzied, immature, and ugly with mass redundancies announced gleefully and swaths of government workers characterised as incompetent, unproductive, and/or corrupt.
The breadth and speed of policy implementation is so significant, with few checks and balances in place, that unanticipated outcomes are certainly creating risks of unintended negative consequences. The multiple experiments being trialed simultaneously will be observed by other economies who will be drawn to strategies where the outcomes are positive. For example, the initiatives around government waste will be of particular interest as many economies, the UK included, have high levels of government spending and could be drawn to take a similar approach if the benefits appear to outweigh the disadvantages. No doubt, some of these experiments will be successful and adopted by others whereas the costs of painful lessons will accrue to the US.
The US has a population of around 4% of the global population and accounts for approximately 8.5% of global trade by exports and 13.2% of imports leading to a trade deficit of around $1.4trn. This is a key focus of the new administration wishing to level up trade through tariffs and close this deficit. However, little is said about the US stock market capitalization being nearly 74% of all global stock markets which is a distortion of a much greater magnitude and partly due to US stocks being significantly more expensive than their global counterparts listed in other markets.
The term ‘credit’ is derived from the Greek word ‘credo’ which translates as ‘I trust’. The value of money and other assets is a function of trust within a financial system. The US has benefited from high levels of trust within global markets, being considered a haven and further supported by the dollar as the global reserve currency. As the US turns to America First policies and launches trade wars against its closest allies there is a danger of trust being eroded damaging global support for US assets and threatening the key imbalance that favours the US. The phrase ‘be careful what you wish for’ feels relevant as the advantage of leveling trade could lead to the loss of a more valuable advantage elsewhere.
In the post-global financial crisis era the yield on Government bonds fell significantly with some countries, notably Germany, able to issue bonds with negative yields creating the remarkable situation that lenders paid interest rather than borrowers. The irrationality of bond markets was demonstrated in 2017 when Argentina, a country with a poor track record for debt repayment, issued a 100-year bond that was oversubscribed and offered a coupon of only 5%. A default occurred after only 3 years and the bond was restructured in 2020 with investors losing around 50% of their initial capital. The failure of the Argentina bond not only demonstrated irrational investor behaviour with this asset but also a wider problem in fixed interest markets which would later experience significant capital losses as interest rates normalized post-Covid.
The Tesla share price seems to present an ‘Argentina’ moment at present being over 100 times both the historic and prospective expected earnings. Tesla sells electric cars to many customers concerned about the environment and risks associated with global warming yet Elon Musk, as CEO, is working closely with Donald Trump who has withdrawn the US from the Paris Climate Agreement and has announced a policy to increase oil production under the mantra ‘Drill, baby drill’. Recent data suggests his association with Trump is damaging sales which have been further undermined by intense competition from low-cost Chinese electric vehicle manufacturers and high-quality German car brands. The high valuation suggests irrational investor activity and is unlikely to be confined to just one stock therefore other capital risks could also be lurking within popular US assets.
US gains in recent years have focused on artificial intelligence (AI) with many of the US’ largest companies investing significant sums in this new technology. The launch of DeepSeek by a Chinese company caused pause for thought as their AI models were produced on a tiny budget yet performed similarly to their expensive US counterparts. There is a question about how AI can be monetised to provide a return on a significant investment, especially if low-cost models can easily compete. Many technologies, such as broadband, have required costly investment to enhance the service only to retain customers rather than grow revenue. Current valuations are based on an expectation of future AI monetisation and would be vulnerable to any disappointment.
Given the risks of US policy deployment, where can investors seek potential upside and diversification outside of US assets? The most significant short-term risk is the application of tariffs with the effect on US indices unclear as the level of reciprocation by US trading partners in response is unknown. The two markets which appear attractive are the UK and China which are both at attractive valuations on a historical basis and relative to the US. The UK does not have a trade imbalance with the US and should be spared any punitive tariffs thus avoiding much of the current uncertainty. China, by contrast, has a large trade surplus with the US but was ruthlessly targeted by Trump during his first term and has become resilient to tariffs.
Although Donald Trump expects to bring prices down, economists generally view his policies as inflationary. JP Morgan has adjusted their forecasts and now expects no further interest rate cuts by the Federal Reserve in 2025. Conversely, Europe, the UK, and China are expected to reduce interest rates further or increase stimulus in the case of China, which generally supports asset values.
In summary, the new US President has created feverish excitement but is unlikely to be able to deliver on all promises. Given the US market is priced for perfection and demonstrating some ‘bubble’ type behaviors the current rapid policy implementation agenda ratchets up the risk of unexpected outcomes and potential losses. Meanwhile, other markets, particularly the UK, China, and Emerging Markets are offering attractive valuations with reasonable levels of earnings growth and so better placed to meet investors’ expectations.
Strategy
The election of Donald Trump has elevated inflation expectations, and we expect both inflation and interest rates to be higher for longer in the US while other economies, such as the UK, Europe, and China will reduce interest rates modestly this year.
The strategy of fast policy implementation in the US creates a risk of unexpected outcomes, particularly for US stocks which are priced for perfection and exhibiting some signs of being in a market ‘bubble’. The enthusiasm around AI is a particular concern as the route to monetisation of this considerable investment is not clear.
Diversification away from US assets is appropriate in favour of the UK, Asia, and Emerging Markets which are more attractively valued. Fixed interest holdings are positioned with shorter durations as the additional yield available for longer maturities is not adequate to compensate for additional duration risk.
Important Information
Please note that the contents are based on the author’s opinion and are not intended as investment advice. This information is aimed at professional advisers and should not be relied upon by any other persons. Any research is for information only, does not constitute financial advice or necessarily reflect the views of the author and is subject to change. It remains the responsibility of the financial adviser to verify the accuracy of the information and assess whether the fund is suitable and appropriate for their customer. Past performance is not a reliable indicator of future performance. The value of investments and the income derived from them can fall as well as rise and investors may get back less than they invested especially in the early years. Important information about the funds can be found in the Supplementary Information Document and NURS-KII Document which are available on our website or on request.
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Toby Ricketts CEO, Margetts Fund Management Ltd. |
New Estate Planning Opportunities for UK Expats
While changes to the UK tax rules due to take effect from April 2025, mainly to inheritance tax (IHT), may be driving some non-doms (UK resident non-UK domiciled individuals) to consider leaving the UK, the changes represent a significant relaxation of the UK tax rules for many expats.
Under the current rules, expats who were UK-domiciled when they left the UK remain subject to IHT on their worldwide assets unless they can satisfy the UK Revenue (HMRC) that they have lost their UK domicile, even though they may have been non-UK residents for many years. However, the position will change from 6 April 2025.
From 6 April 2025, an individual’s domicile status, or previous domicile status, will be irrelevant. Under the new rules, anyone who has been a non-UK resident continually since 5 April 2015 (or before then) will not be subject to IHT on their non-UK assets (subject to some exceptions regarding interests in UK residential property and loans related to UK residential property) regardless of their domicile status. This means that, for example, they will be able to set up a trust and transfer non-UK assets to that trust without a charge to IHT. They will also be able to make gifts of non-UK assets to other family members without a charge to IHT regardless of whether they survive the gift by seven years. In addition, non-UK assets held by them personally or in a trust set up by them will remain outside the scope of IHT unless and until the individual returns to the UK and has been a UK resident for 10 years.
Expats also no longer need to be concerned about their connections to the UK, provided they remain non-UK residents. Many expats will have sold their UK home on leaving the UK to minimise their connections to the UK and strengthen the argument that they had lost their UK domicile. As domicile is no longer relevant for tax purposes, this will be less of an issue. Expats may consider re-establishing a home in the UK as there is no longer a concern about the impact that this may or may not have on their domicile status (however, it must be remembered that having accommodation available in the UK is a ‘tie’ for the UK statutory resident test).
Expats who have been non-UK residents continually for 10 years and become UK residents again will also be able to benefit from the new four-year FIG (foreign income and gains) exemption regime being introduced from 6 April 2025. This means that for their first four years of UK residency, they will be able to claim relief from UK tax on foreign income and gains arising to them personally and any foreign income and gains arising in any trust that they have set up, whenever the trust was set up and even if they can benefit from the trust.
Taylor Wessing is a full-service law firm with a broad client base spanning diverse sectors across the UK and globally. It has been recognised as a market leader in Private Wealth for many years and is one of the few international law firms able to provide a fully integrated legal service that addresses clients’ business, investment and personal interests. Taylor Wessing’s Private Wealth group advises global entrepreneurs, venture capitalists, wealthy individuals and multi-jurisdictional trading families and their family offices, owners and principals of financial services companies. www.taylorwessing.com
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Alison Cartin Senior Counsel – Knowledge |
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Rachel Davison Partner |
Autumn Budget 2024 – UK Inheritance Tax to Apply to UK Pensions
The UK Chancellor Rachel Reeves delivered one of the most talked about UK Budgets in years in October 2024. With the Labour government seeking to raise an additional £40Bn in tax, pensions looked like a likely place for the government to target. In the lead-up to the Budget, numerous potential changes to the UK’s pension regime were debated with many fearing that the UK’s 25% tax-free pension commencement lump sum could be abolished or at least reduced. Others debated whether the UK’s Lifetime Allowance may be reintroduced.
The good news is that many of the anticipated pension changes did not come to fruition.
However, one key change to pension taxation was announced in the Budget – from April 2027 most unused UK pension funds and death benefits will be included within the value of a person’s estate for UK inheritance tax (IHT) purposes. It is important to note to our clients, who are US residents, that this would apply irrespective of the fact that you are not a UK resident. IHT can apply to all UK-based assets for a UK non-resident.
The policy intention behind this is a desire by the government to remove “a distortion which has led to pensions being used as a tax planning vehicle to transfer wealth rather than their original purpose to fund retirement”. This comes after the introduction of the pension freedoms in 2015 which removed a 55% tax charge on inherited pension funds, in certain cases, and the abolition of the Lifetime Allowance in April 2024.
What is UK IHT?
In the UK, IHT is a tax on a person’s estate (property, money, and possessions) at death. At a high level, it does not apply to an estate, if either:
- The value of the estate is below the £325,000 threshold (the nil rate band (NRD)); or
- Everything above the £325,000 threshold is left to a spouse, civil partner or charity (see below regarding US residents).
The Chancellor confirmed that the NRB will remain frozen at £325,000 until 2030 and in fact, has not risen since 2009 to keep pace with inflation. The standard UK IHT rate is 40% and is only charged on the part of an estate above the NRB.
How could this apply to my UK pension?
The Government issued a public consultation on the inclusion of UK-registered pensions in IHT on 30 October 2024. This consultation lists only two types of death benefit that would not be included in the value of a person’s estate from 6 April 2027 – a dependant’s pension paid by a defined benefit pension scheme; and payment of a pension fund to a qualifying charity.
Consequently, any UK-defined contribution/personal pension could be subject to IHT. At a very high level, for US resident clients, the NRD would be spread proportionately across any non-pension assets in the UK and the UK pension assets based on the relative size of their UK taxable amounts.
Putting IHT to one side, the taxation of a UK pension when drawing pension income remains unchanged. This means if death occurs before age 75 (whether you have drawn from your pension or not) then 100% of the value of your UK pension can be paid to a beneficiary free of UK income tax either by way of a lump sum (subject to your Lump Sum and Death Benefit Allowance) or by drawing an income. After age 75, withdrawals are taxable on beneficiaries of the pension at their applicable rate of UK income tax.
What is the status of these proposed changes – do I need to do anything now?
The above changes have been subject to a public consultation which closed on 22 January 2025. Many commentators have noted that issues identified in the consultation could bring changes to the scope of the policy. The next steps will be the government publishing both a formal response and draft legislation which is expected “later in the year”.
Until we receive a formal response and draft legislation, we feel it is too early to consider what (if any) changes to our clients’ retirement planning for their UK pension should be. For now, if you have planned for your UK pension to be used primarily for your own retirement (so that you are likely to exhaust the pot before you die), then the IHT changes would not affect this. Alternatively, if you have been planning to put off drawing your UK pension to provide a tax-efficient inheritance for your beneficiaries, your Florin advisor may need to review this strategy with you once we receive greater clarity from the government and consider ways to mitigate potential IHT liability.
At this time, we will be liaising with our UK pension providers and tax advisors to learn more about how these changes could apply to our clients, particularly as US residents. Important matters we will be seeking insight into include the applicability of the spousal exemption to US resident clients. We will provide a more detailed update in due course.
If you have any questions at this stage, please do not hesitate to contact your Florin Pensions advisor.
US Social Security Update: US Windfall Elimination Provision Repealed
Before the end of his presidency, President Biden signed the Social Security Fairness Act of 2023 (Act), repealing the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) on 5 January 2025. This came after the U.S. Senate and House voted 76-20 and 327-75, respectively, to pass the legislation showing strong bipartisan support.
This repeal will result in affected retirees, spouses, and survivors no longer seeing reductions to US Social Security (SS) benefits due to the application of WEP or GPO.
Background
The US GPO and WEP both reduced SS benefits where an individual was entitled to a public pension from a job that did not pay taxes into the US system. The SS benefits were reduced to prevent what was perceived as a “windfall” benefit from having dual pensions and could result in a reduction to an individual’s SS by hundreds of dollars per month.
The level of US SS reduction applied by the WEP depended on how many years a person had contributed to US SS. Only 30 or more qualifying years of US SS benefits meant that WEP did not apply.
Whilst the impact of the GPO and WEP repeal has largely focused on affected US state and federal employees, the repeal is also excellent news for our clients who have worked in both the US and the UK and are entitled to both US Social Security and a UK State Pension.
When will it change US SS payments?
The Act requires the Social Security Administration (SSA) to adjust benefits for over 3 million people. Since the law’s effective date is retroactive applying “with respect to monthly insurance benefits payable…after December 2023”, SSA must adjust people’s past benefits as well as future benefits.
A recent update from SSA has confirmed that starting the week of February 24, 2025, SSA is beginning to pay retroactive benefits and will increase monthly benefit payments to people whose benefits have been affected by the WEP and GPO.
If an individual is due retroactive benefits, they will receive a one-time retroactive payment, deposited into the bank account SSA has on file, by the end of March. This retroactive payment will cover the increase in their benefit amount back to January 2024, the month when WEP and GPO no longer apply.
Most of those affected will begin receiving their new monthly benefit amount in April 2025 (for their March 2025 benefit). However, SSA expects that some complex cases could take up to one year to adjust benefits and pay all retroactive benefits.
Anyone whose monthly benefit is adjusted, or who will get a retroactive payment, will receive a mailed notice from SSA explaining the benefit change or retroactive payment.
The SSA urges individuals to wait until April to inquire about the status of any retroactive payment. They also ask that individuals wait until after receiving an April payment before contacting SSA to ask about monthly benefit amounts because new amounts will not be reflected until April for the March payment.
More information
Updates are being provided by the SSA on this website:
www.ssa.gov/benefits/retirement/social-security-fairness-act.html
A Refresher on the UK’s New UK Lump Sum Allowances
On 6 April 2024, the UK’s Lifetime Allowance (LTA) was abolished and replaced with a new lump sum framework. The LTA is the amount of savings you could take from all your UK pension savings (excluding the UK State Pension) without facing a UK tax charge. Since 5 April 2020, the standard Lifetime Allowance had been £1,073,100, unless you had some form of protection (for example Fixed Protection 2016).
Under the new legislation, three new categories of UK pension allowance have been introduced. The two of relevance to our clients are the Lump Sum Allowance (LSA) and the Lump Sum and Death Benefit Allowance (LSDBA). These allowances only apply when lump sums are being drawn from your UK pension(s).
- The LSA restricts the maximum cumulative UK tax-free pension commencement lump sum (PCLS) you can draw from your UK pension to £268,275 (25% of the former LTA) unless you have a higher protected amount.
- The LSDBA is the fixed cumulative amount of lump sum payments that can be paid to or in respect of an individual UK tax-free in life and death. The fixed limit is £1,073,100 (or any higher protected amount as above). Lump sum payments like PCLS use up this allowance. The LSDBA only applies if you have died before age 75.
Under the LSDBA when a death benefit is paid as a lump sum to a beneficiary, it will only be UK income tax-free if it falls below the deceased member’s remaining LSDBA. Any excess will be taxable at the beneficiary’s marginal rate of UK income tax.
However, any death benefits paid via Flexi-Access Drawdown are not tested against the LSDBA. So, on death before age 75, beneficiaries who choose beneficiary’s drawdown can draw as and when desired income UK tax-free.
If you die over age 75, all death benefits would be subject to income tax at your beneficiary’s marginal rate of UK income tax.
Do You Need to Act Before the 5 April 2025 UK Tax Year Deadline?
Do you need to register for Fixed or Individual Protection 2016?
Whilst the UK’s Lifetime Allowance (LTA) was abolished and replaced with the new lump sum framework noted above, your individual LTA is still relevant as it determines what maximum level of Lump Sum Allowance (LSA), and Lump Sum and Death Benefit Allowance (LSDBA) is available to you/your beneficiaries.
If you do not already have a form of protection (like Fixed Protection or Individual Protection 2012, 2014, or 2016) and your pension is at or could in the future exceed £1,073,1000, please contact your Florin advisor.
If you are unsure whether you already have a form of protection, contact your Florin advisor. You should also be able to confirm what protection you hold by signing into your UK Government Gateway account at www.access.service.gov.uk/login/signin/creds
Do you want to top-up your UK National Insurance contributions?
The new UK State Pension system was introduced in April 2016 and, in recognition of the changes to benefits, the UK government provided an extended period for people to make top-ups to their National Insurance (NI) contributions to plug any gaps in their NI records from the 2006/7 tax year onwards.
The UK NI top-up deadline for individuals reaching State Pension age on or after 6 April 2016 is 5 April 2025.
When the WEP was in place, any UK NI top-up needed to be balanced against any impact it could have on SS benefits. With the repeal of the WEP, for those who were considering a UK NI top-up, it could be worth revisiting this before the 5 April 2025 deadline.
After the deadline has passed, NI top-ups can still be made going back a maximum of six years.