Dear all:
I am a US citizen who moved to UK 7 years ago, in 2013 (so a UK resident, but non-dom).
I am the owner of the 529 plan established long ago - all payments in it were made well before I moved to UK. It is not very large (less then 100K), and 2/3 of it is basis (the amount which was put in it) which leaves around 30K grows from dividends/capital gains.
I am trying to figure out how UK treats 529 for tax purposes.
So far, I assumed that 529 is a gift to the child, so there are no taxes until we take money out from it, and then the corresponding child is responsible to pay taxes on earnings (which will be zero or near, since the child has no other income).
But I am starting to have doubts now. I see three other alternatives:
1) It can be treated as a protected foreign trust, where I am trustee, and child (or children, if we change the child name in 529) is beneficiary. Then my understanding is that I do not pay taxes, but child pays them from distribution (i.e. when tuition fees are paid), in they are UK residents at the time.
Not sure though how to calculate taxable amount here. Would it be the same as earnings in US? Or should I use as a reference point the total amount on the day we moved to UK? Or?
There are dividends (reinvested) + some capital gains/losses until 2017 ( it became fully protected)
There is also apparently some issue of Inheritance tax each 10 years for trusts - not sure what to do about that.
2) It can be treated as my investment account abroad. Then I assume I am to pay taxes on dividends every year (but £2000 is non-taxable, and additionally another 2000 can be claimed on remittance).
Next, if I take a distribution to pay tuition fees, capital gains are due (I assume all of them, from the beginning of 529 existence). But is it no me or on child?
3) It can be treated as child's investment account abroad. Then I guess the child has to pay tax on dividends every year and capital gain tax when the distribution is taken. And if the name of the child is changed then the new child becomes responsible for taxes. In particular, if the child currently named as beneficiary in not UK resident, then no taxes are due.
Did anyone have this issue? how do you approach it?