To help you to fully understand your tax obligations in buying units in a KBC Offshore Investment Fund, we recommend you contact a professional independent tax advisor to discuss your personal tax situation, and to ensure you are tax compliant. We do not offer tax advice and are unable to help you to determine what (if any) tax is due, nor can we assist you with filling-in tax forms. We can however provide you with some general explanatory information which we have included below.
- The transaction type ‘subscription’ means a buy transaction leading to you acquiring a number of units of a specific KBC Offshore Investment Fund.
- The transaction Type ‘redemption’ means a sell transaction leading to a reduction (full or partial) of your holdings in a specific KBC Offshore Investment Fund.
- ‘Gross Amount’ in the case of a subscription means the gross subscription amount, before entrances fees are deducted.
- ‘Units’ – means shares in an Investment Fund.
You have acquired a material interest in a regulated offshore fund in the EU/EEA/OECD (often referred to as an “equivalent fund”). KBC Offshore Investment Funds are located in Belgium and Luxembourg.
Buying units in a KBC Offshore Investment Fund with a lump sum and/or starting a monthly investment plan means you automatically fall into the ‘self-assessment’ tax category. This means you have to file a Form 11 income tax return and are subject to the tax payment rules including preliminary tax. All customers, even those who have previously only been subject to the PAYE system, must file a Form 11 income tax return
A Form 11 income tax return for a year must be filed by 31 October in the following year (e.g. tax return for year 20X1 must be filed by 31 October 20X2). You are required to disclose the following details in your Form 11 income tax return in respect of all units that you have bought in the year:
- Name and address of the offshore fund e.g. Sivek Global Low Fund, Belgium;
- Date interest in the offshore fund was acquired (i.e. date you bought units) ;
- Amount of capital invested in acquiring the offshore fund; and
- Name and address of intermediary through whom the material interest was acquired being KBC Bank Ireland plc, Sandwith Street, Dublin 2.
If you hold units in a KBC Offshore Investment Fund for 8 years, there is a deemed sale every 8 years and you will have tax obligations. Information on the 8 year deemed sale is included in a specific FAQ below.
Calculate if you have made a gain on the sale of all or part of your units. Information on how to do this calculation is included in a specific FAQ below.
If you have made a gain, you must declare this gain in your Form 11 income tax return and pay the tax on the value of the gain directly to Revenue.
A Form 11 income tax return must be submitted to Revenue on or before the 31st
of October, in the year after the year in which you sold and made a gain ( e.g. gains made in 20X1 are returned in your Form 11 income tax return which must be filed by 31 October 20X2).
The tax due is subject to preliminary tax rules.
You should complete the section “Offshore Funds (Part 27 Ch 4)” in Panel E, under the heading “Foreign Life Policies / Offshore Funds / Other Offshore Products”.
This section should be completed for the following transactions that occurred in the year in relation to your units in a KBC Offshore Investment Fund;
- All units that you bought,
- All gains arising on the actual sale of all, or part of your units,
- All gains arising on the deemed sale of units held every 8 years.
Preliminary tax is your estimate of the Income Tax, Pay Related Social Insurance (PRSI) and Universal Social Charge (USC) that you expect to pay for a tax year. You must pay this by 31 October of the tax year in question. The amount of preliminary tax for a year must be equal to, or more than, the lowest amount of the following:
- 90% of the tax due on all income for that tax year, or
- 100% of the tax due on all income for the immediately previous tax year, or
- 105% of the tax due on all income for the tax year preceding the immediately previous tax year (often called the ‘pre-preceding year’). This option only applies where you pay by direct debit. It does not apply if the tax due for the pre-preceding year was nil.
For late payments, you will be charged interest for each day (or part of a day) past the deadline as set by the Revenue.
You must make sure that you do not under pay your preliminary tax, or you may be charged interest by the Revenue.
Details of the options available to pay preliminary tax are available on www.revenue.ie
This section applies to you if you have bought units and held them for 8 years. It will apply again in the future if you continue to hold your units for another 8 years i.e. on the 16th
anniversary of your initial purchase and so on every 8 years.
The tax law states that you are deemed to have sold your units on the 8th
anniversary of the date you bought the units. However you are NOT required to actually sell your units. Instead you are required to work out if a gain would arise if you were to hypothetically sell the units on the 8th
anniversary. If you have made a gain, you must declare this gain in your Form 11 income tax return and pay the tax on the value of the gain directly to Revenue.
The Form 11 income tax return must be submitted to Revenue on or before the 31st
of October, in the year after the year in which your 8th
anniversary occurred ( e.g. gains in 20X1 are returned in your Form 11 income tax return which must be filed by 31 October 20X2). The tax due is subject to preliminary tax rules.
The tax paid is effectively a payment on account with Revenue. It is available for credit against the tax due when the units are ultimately sold. It is important that you remember the tax already paid when calculating the tax liability owed to Revenue when the units are ultimately sold.
If no gain arises, no tax will be due and there will be no action required on your part.
If you continue to hold your units for another 8 years, you would be required to complete the same process on the 16th
anniversary of your initial purchase and so on every 8 years.
To calculate if you made a gain, compare the proceeds from the sale to the cost of buying your units which is the gross amount invested. If the proceeds exceed the cost, then you have made a gain and tax is due on the value of the gain which you must pay directly to Revenue . You must declare this gain in your Form 11 income tax return. If the proceeds are less than the cost then you have made a loss and no tax is due and no action is required on your part. This loss cannot be used to offset a gain made on any other sale.
When you sell part of your units, the tax law states that you are deemed to sell your units based on the order you bought them in, meaning you sell your oldest units first and so on. This is called the “First In, First out”(FIFO) method.
To calculate if you have made a gain, you should first determine how many units you have sold. You then determine the amount you bought the units for (i.e. gross amount invested before entrance fees) and compare this to the proceeds of their sale to determine if a gain/(loss) arises.
If the proceeds exceed the cost, then you have made a gain and tax is due on the value of the gain which you must pay directly to Revenue . You must declare this gain in your Form 11 income tax return. If the proceeds are less than the cost then you have made a loss and no tax is due and no action is required on your part. This loss cannot be used to offset a gain made on any other sale.
The tax rate is 41%. This rate is set by Revenue and is subject to change.
This loss cannot be offset against any other gains or any other tax.
No, existing losses cannot be used to reduce any gain made on the sale of units in a KBC Offshore Investment Fund.
No, KBC are not allowed to deduct and pay tax liabilities to Revenue on behalf of our customers.
No, gains generated within the fund are not subject to Irish tax. The fund can grow tax free until the units are sold by you, or deemed to be sold every 8 years, whichever happens first.
In the event that a taxpayer fails to disclose or fails to correctly disclose details of gains from offshore investments, Revenue could impose penalties as allowed for by law.
In the event that a taxpayer fails to meet their preliminary tax obligations, Revenue could impose interest and penalties as allowed for by law.
When a customer buys or sells units in a KBC Offshore Investment Fund, KBC is required by law (Section 896 Taxes Consolidation Act 1997) to report certain details to the Revenue, one of which is your PPSN. In order for KBC to be compliant with current legislation, you must provide your PPSN to us so that we can then provide it to the Revenue.
When a customer buys or sells units in a KBC Offshore Investment Fund, KBC are required by law to report to the Revenue the following details (where relevant):
- Customer name
- The name of the KBC Offshore Investment Fund
- The date of purchase or date of sale of units
- The amount paid by or to the customer in respect of a purchase or sale of units.
See Revenue’s Tax & Duty Manual Part 27-04-01 available on www.revenue.ie
for further information in respect of the taxation of offshore funds.
Under Irish legislation it is the responsibility of each individual to ensure that they have filed a correct and complete Form 11 income tax return with the Revenue, and the obligation falls with the individual to calculate and pay on time the correct tax liability owed to the Revenue. KBC does not accept any responsibility for interest and penalties arising to the customer as a result of an incorrect or incomplete Form 11 income tax return being submitted to the Revenue, or, an incorrect or late payment of the tax due.
A mutual fund is simply an investment fund where the money of all investors is pooled together. The assets of the fund are then mutually owned by the investors. Having a well managed mutual fund means that individual investors can spread their money across a much greater number of assets than they could if they simply invested by themselves. Mutual funds differ from unit-linked investments in that, with the latter, the investor doesn’t actually own any of the assets, instead, they buy an insurance contract which allows them to benefit from the assets in the fund.
All KBCI Investment funds are mutual funds.
You can invest in KBC mutual funds from as little as €125 per month.
There is no exit penalty or charge for redeeming your investment whenever this should happen.
Your investment specialist will talk to you about your plans, your time horizon, customer profile, knowledge and experience and financial situation. Using this information, they will make a recommendation based on which options will best suit your needs. You are then free to take this recommendation or to choose an alternative option.
There is no minimum period that you must invest for and you are free to encash some or all of your investment at any time, without exit penalty. That said, investments are best viewed as a medium to long term savings option and we would recommend that you only invest money that you don’t think you will need for at least 3 years. Different options have different recommended holding periods and your investment specialist will be happy to discuss this with you.