Could a Family Investment Company help your tax position?

For many years trusts have been considered the standard way to pass family wealth on to future generations. The last few years however have seen tax changes which mean that Family Investment Companies (FICs) may be the more tax-efficient option…

Significant changes were introduced in the Finance Act 2006 affecting the UK's tax regime for trusts. Now we see that nearly all new lifetime trusts are dealt with under the relevant property regime, which means:

• An immediate charge to inheritance tax (IHT) at the lifetime rate of 20% for gifts made into trust in excess of the available nil rate band(NRB) - currently £325,000;
• A 10-yearly IHT charge (capped at a maximum rate of 6% over and above the available NRB);
• A further charge to IHT if assets 'exit' the trust (also capped as above).

These changes mean that those wishing to pass down substantial wealth in the protected manner that trusts offer need to look to different solutions, which may be more tax-efficient. All of this means that FICs have become increasingly topical in recent years, primarily owing to the increasingly competitive rates of corporation tax available in the UK (20% from 1 April 2015) that we have enjoyed under the current Government.

So, what is a FIC?

In its simplest sense a FIC is a UK-resident private limited company whose shareholders are family members. Such a vehicle can be extremely tax-efficient where an individual transfers significant sums of cash, property or investments into a company. These assets can then be utilised to generate income for the family.

Three benefits of a FIC

1. Provided that an individual has available cash to transfer into a company, the transfer into the company would be tax-free.
2. There would be no immediate charge to IHT, as a gift of shares from the donor to another member of the family is deemed to be a potentially exempt transfer (PET). Provided the donor survives for seven years following the gift there will be no further IHT implications. Furthermore, the donor could still retain some control of the company providing the articles of association are appropriately drafted.
3. The FIC would only pay tax at a rate of 20% on the profits that it generates. Shareholders then only pay tax to the extent the company distributes dividends. If the profits are retained within the company therefore, no further tax would be payable.

Three disadvantages of a FIC

1. If non-cash assets are transferred into the company, the donor may be incur a capital gains tax (CGT) charge at a rate of 18% or 28% based on the market value of assets that are transferred into the company at the date of transfer.
2. It is possible for there to be an element of double taxation in using the FIC structure. The profits are first subject to corporation tax at a rate of 20% and then are subject to income tax when they are subsequently distributed to the shareholders, albeit accessing capital through a purchase of own shares can be highly tax-efficient in some circumstances.
3. As the company has to comply with company filing regulations there are costs to consider, but this is equally true when setting up and running a trust.

The attractive corporation tax rates mean that a FIC is something that should be seriously considered as an alternative to a trust. It will still allow the donor to retain some control over their investments while avoiding an immediate charge to IHT. As with all planning of this kind though, proper care does need to be taken and professional advice should always be sought. It is certainly not something one should enter light-heartedly.

Disclaimer - The above blog does not constitute advice and not should be taken as such. The author accepts no responsibility for losses arising from taking action based on the contents of this blog alone.

Do I need to complete a Self-Assessment Tax Return?

You can file your tax return online or in paper form (although if you haven't filed your 2013/14 Tax Return yet, online is your only option),  but either way you must be registered for Self-Assessment in order to do so. If you haven't registered before you’ll get a Unique Taxpayer Reference (UTR) number. If you’re re-registering you'll need to use the same UTR as last time.

You should have registered by 5 October following the end of the tax year you need to send a tax return for (so if you haven't yet, you're already late). This is so that you should have enough time to complete registration before the tax return and any tax is due. Full details of how to register can be found here https://www.gov.uk/register-for-self-assessment.

As to whether you need to file a Tax Return, you must always send one if you’re either a self-employed sole trader, a partner in a business partnership, or a company director (unless it’s for a non-profit organisation, eg a charity, and you don’t get any pay or benefits, like travel expenses or a company car).

That said, it’s always wise to check whether you need to file a Self-Assessment Tax Return or not, helpfully HMRC provide a handy little walk through that you can find here https://www.gov.uk/check-if-you-need-a-tax-return.

So, you've discovered that you do need to file a Tax Return, but there’s only ten working days until the filing deadline! If you are filing for the first time and have not registered your details with HMRC, you need to do so by 21 January. This is because it takes seven to ten days for the online account to be set up. An activation code needs to be posted and can take ten days to arrive.

Fortunately, if you’re using a qualified tax professional, or even just a normal accountant, they should have their own software package that means you do not have to wait for the HMRC activation code. However, even they will have to wait for HMRC to issue you with a UTR before they can submit your Tax Return, which could still take several days for HMRC to send to you.

Missing the tax return deadline results in an immediate penalty of £100. As the deadline for paper Tax Returns (31 October 14) has already passed, you'll need to file a tax return online by midnight, Friday, January 31, 2015. This can be further compounded by penalties for late payment of tax that result from late filing.

If in doubt, speak to a specialist, as if your tax affairs are complex it will be well worth your money to hire a tax professional to complete your self-assessment tax return rather than risking it yourself.

Non-Residents & Capital Gains Tax: All Change

Last week the Government issued its response to the consultation document “Implementing a capital gains tax charge on non-residents” issued in March. This had set out the basis on which tax would be charged on gains realised by offshore investors in UK residential property. After the Autumn Statement today we can now see how the law reflects those intentions.

Property companies

The property industry will welcome clarification that the Government does not intend to broaden the scope of the charge and apply CGT to disposals of non-residential property. There was concern that taxing gains of offshore investors in residential property could be the beginning of a change of policy but it seems that offshore investors’ holdings of commercial, leisure, student accommodation and care homes will not suffer tax on gains.

Individuals and their homes

The proposal to abolish the 'main residence election' in favour of highly complex fact-based tests to decide which property would benefit from private residence relief – PRR - (where a person is not subject to tax on gains when they sell their  home) - has been scrapped. Instead, non-residents investing in UK residential property and UK residents investing in non-UK property have to meet an occupation test.

It is much simpler.  If you are in your home for 90 midnights in a tax year you can nominate that property to benefit from the private residence relief. Importantly, there will be no change from the current rules for individuals who are UK resident and own only UK properties.

HMRC backtrack on Pilot Trusts

HMRC have announced their decision not to introduce a single settlement nil rate band for trusts created on or after 6 April 2014. This means that Advisers, like me, can breathe a sigh of relief that the state of limbo they have been in ever since the anti-forestalling measures were announced on 6 June this year should now be coming to an end and we will all be keen to review the anti-avoidance legislation once it has been released.

The current Association of Taxation President, Natalie Miller, said:

"This decision will be most welcomed by trustees and professional advisers. Many who responded to the consultation on the ‘Simplification of Trusts’, including the ATT, pointed out that the proposals being put forward did not represent a simplification at all but rather a ‘knee-jerk’ reaction to putting a stop to the use of pilot trusts."

As for my own views, most of you will know that I have been a great advocate of trusts for many years, not because of the tax benefits (of which there are actually startlingly few), but in the main because of the protection and control they can offer my clients over their families assets.  Therefore, it will come as no surprise that I am pleased that HMRC appear to have listened to the concerns of the professional bodies and their members and have instead decided to tackle the issue with specific anti-avoidance legislation aimed at the use of multiple trusts, rather than impose a system that would cause widespread complexity and confusion across the board. It will be interesting to see the content of the new anti-avoidance legislation once it has been released, as although we have won this battle on the ware is far from over!

Inheritance Tax, the great debate...

None of us like Inheritance Tax, even me who has carved a career out of helping people manage their exposure to it. It is one of the most unjust taxes on the statute book, which is one of the main reasons I have never had too much of a moral dilemma when it comes to helping people arrange their affairs so that they pay only as much as they need to. It was Roy Jenkins who famously said “Inheritance Tax, is broadly speaking a voluntary levy paid by those who distrust their Heirs more than they dislike the Inland Revenue.”

So, enter the news today our incumbent Prime Minister at a Q&A session with Age UK states that only the very wealthy should pay Inheritance Tax. A noble statement, but how does one define "the very wealthy", after all we have seen child benefit removed from households with one person earning over £50,000, but households with two people earning £49,999 each get to keep it. The prime minister said he would like to ease pressure on people who do not regard themselves as “in any way the mega-rich” but whose estates are subject to the tax. Again, a very nice political soundbite, but no real substance there I am afraid Mr Prime Minister.

Let us not forget that George Osborne transformed Tory fortunes at the party’s conference in 2007 – and spooked Gordon Brown into abandoning plans to call an early general election – with a proposal to raise the inheritance tax threshold to £1,000,000. This would have been doubled to £2,000,000 for couples. However, the pledge was quietly dropped after the 2010 general election in the coalition negotiations and tax is still due on estates worth more than £325,000, or £650,000 for couples. We do know that the nil rate band will not be raised before the next general election, as the Lib Dems would veto it, so where does Cameron's declaration leave us? Let us not also forget thatThe Tories ran into trouble during last month's conference unveiling their plans for tax cuts without initially explaining how they would be funded.

Well, I for one think it gives us the strongest indication yet that the Conservative Party, should they get re-elected will start to look at increasing the nil rate threshold. However, I very much doubt that we will see the dizzy heights of the £1,000,000 each mooted by Osborne in 2007. The reason for this is simple, earlier this week the Treasury declared that it's income tax take was significantly down on what it had forecast despite employment being up. The Government has already borrowed £3bn more than it had budgeted for this financial year. Inheritance Tax is one of the easiest taxes for our state to collect given the way the probate system works, as basically you cannot access the deceased assets without notifying HM Revenue & Customs of their value, it is a very simple system when compared to self-assessment for example. All of this against the backdrop of our national deficit means that we are unlikely to see any meaningful tax cuts for Middle England in the near future, although we may get a perfunctory gesture of goodwill from a new Tory Government in 2015.

Apprenticeships. The solution to the skills gap?

Yesterday I was part of an excellent open forum in our great city of Birmingham, talking with other people in the professional and commercial sectors about whether Birmingham had, and if it could continue to capitalise on the country's improving economy. As if to drive home the point of how much the city has changed over recent years it was held in the new and iconic Library of Birmingham. The library is a testament to that metamorphosis having won awards for architectural excellence, a far cry from the national stereotype of our great city. But, you ask, what on earth has this got to do with apprenticeships?

Out of our discussions yesterday came one key issue for me, and it was this that drove the debate on the other issues that were discussed too. From my own point of view, like most professions and industries Tax is facing a bit of a skills gap and with the changes to our education system one could be forgiven for thinking that this might yet get worse given the ever increasing cost of putting the next generation through further and higher education. It became clear that this was an issue across the board, largely put down to the ravages of the recent recession, but how could this be solved?

The answer it would seem (or at least to us yesterday) was that we as leaders in our respective sectors have a responsibility to look not just at how we recruit our new staff, but also how we interact with our societies and the next generation before they reach the workplace and hopefully to inspire them. Apprenticeships are a route that I believe have oft been maligned by poor understanding both by teachers, students, their families and society in general. However, in recent years we have seen the introduction of higher level apprenticeships opening routes into engineering, commerce and even my own beloved profession of Tax. Just last week I was in London celebrating the 25th Anniversary of the Association of Taxation Technicians, where we celebrated not just those who have been in the profession some time (yes, I know I don't look that old but it's amazing what you can do with photoshop!), but those new to it as well. Indeed we promoted our 25ATT25, being 25 young people who have already achieved great things in their short careers of which I would like to point out 3 had come through (or were coming through) the Tax Apprenticeship Scheme!

We left yesterday with a renewed sense of purpose about spreading this message amongst our peers, and doing what we can to involve ourselves in the promotion of alternative routes into work (there are more than just apprenticeships) not just to students and job seekers, but also to our peers who might otherwise disregard such initiatives. This blog post is my first attempt, and it won't be my last...

The Number 9 Bus...

A big part of me advising any of my clients is trying to keep them away from things that I have seen previous clients get wrong, and also some of life's more unexpected events like divorce and accident.

It is these aspects of advice that are vital to a client, especially one prone to delay in the face of a lengthy period of time before the circumstance they want to plan around is likely to hit. Over the years I seem to have developed what some friends and colleagues are starting to refer to as the "No9 Bus" doctrine. I have to thanks my friend @bddalton for the photograph, as he recently sent this to me after a meeting with a mutual client in which we had been discussing one of life's more terminal unexpected events...

A large part of the advice I give, particularly around inheritance tax and succession planning in business is (and there is no way to dress this up) death. This is a sensitive subject at best and I find very often best dealt with through use of a slightly macabre sense of humour (well at least in Britain, not sure it would work anywhere else). A common example of mine, (as no-one likes to think about death as a result of a terminal illness, or old age) is that of accident and for some reason many years ago the example I took was being knocked down by the ubiquitous "No9 Bus" as I was working in the Halesowen area at the time. This has stuck over the years and despite the humorous connotations, it does represent a very real example of life's unexpected events, and how they can affect our plans, particularly where they relate to tax.

This is another image (I am a very visual person) I use with clients, and is centered around their expectations, the reality of those expectations and how these can vary on the journey to the eventual end result. Now, I can take no credit for this image, it is one I found through social media and use with some clients during meetings, so to whoever developed this I am eternally grateful. It represents a very real illustration to a client between the difference in their perceptions once they are in full possession of all the facts that affect them and their situation.

Life is very rarely simple I am afraid, and tax even less so, so put the two together and you have a heady mix of things that can potentially go wrong. So through good, and more importantly experienced advice you can hope to iron out some of those kinks, or at least choose a better method of transport for the journey...

The 2014 Autumn Statement

The date for the Statement is announced and the Government invites views on what should be in it. The Government has announced that the 2014 Autumn Statement will be made on Wednesday 3 December. In a new move, the Government has invited views on what should be in the Autumn Statement. 

“In the interest of open and transparent policy-making, the Government welcomes original and innovative ideas, which will be considered by HM Treasury as part of the policy-making process.” 

Business, charities and members of the public can send views to the Treasury via email to autumnstatementrepresentations@hmtreasury.gsi.gov.uk – the deadline is 17 October. 

University fees and tax...

It's that time of year again when children are leaving the bosom of the family home and venturing off into the wider world for the next stage of their educational careers, and with the changes to university fees over the last few years that is becoming a more and more expensive endeavour for students and their family's. So, if I told you there was a more tax efficient way in which these costs could be met you'd be interested right?

Fortunately there is, and it's not complicated, or morally abhorrent in the eye's of HMRC either! However, unfortunately it's not something that all of us can do as the first requirement is for you hold shares in your own, or perhaps the family business. So for those of us who are employees (like me) this is a no go zone, but for many business owners (from those operating from their kitchen tables right up to those with multi-million turnovers) there is a solution, and it's all to do with shares.

The premise is fairly simple, as if you are taking additional dividend income from your company to meet the fees that university is charging your son or daughter then you have to pay tax on that. For most that will mean paying around 25% of the net dividend to the tax man, so to get £9,000 you have to extract £12,000. This means that you're actually paying tax to educate your children! So, how do we save that tax then?

Well, and we're making a large presumption here, your average student who is being supported by their family doesn't work whilst at university (by which I mean have a tax paying job), so their tax free personal allowance of £10,000 each year is being wasted. Yes, that's right over an average course £30,000 of tax free cash is being lost and you're not taking advantage of that.

Hopefully you've already guessed at where this is leading to, and yes you'd be right, but how do we make giving shares to our children from the family business safe? Well, that is possible with the use of trusts and other such vehicles to ensure that the funds/shares cannot be abused. There are also tax consequences that you'll need to be aware of, but provided your child isn't working you should be able to pay each year's university fees TAX FREE!

If this is of interest to you, and you want to learn more contact me at Haines Watts Chartered Accountants (the web-link is on the bar above).

Tax is optional, no really it is..........

Okay, so the title of this blog post might be a little misleading, but there are certain taxes and events upon which the payment of tax is completely optional. Primarily this applies to both Inheritance Tax (IHT) and Capital Gains Tax (CGT). Still I hear dissenters among my audience, well listen up as even a former Chancellor of the Exchequer held this same opinion...

Roy Jenkins famously said “Inheritance Tax, is broadly speaking a voluntary levy paid by those who distrust their Heirs more than they dislike the Inland Revenue.”

As we all know IHT is a tax levied on our death, and CGT a tax levied when we sell something for a profit. So how can we prevent payment of these taxes when we clearly have no (or at least little) control of our own personal demise, or an event that may cause us to sell an asset?

Well, as a tax adviser I like to think I'm pretty good, but I do lack any genuine messiah likeproperties so I can't offer the option of raising you from the dead like Lazarus! The one divinity that I would like to imbue however, in our current political climate where the words "tax" and "moral" are being bandied about, is that the word "avoid" simply means to "keep from happening" or "to move clear of" something.

Right, so how do we do this? There are a number of simple answers insofar as IHT is concerned. The first being to have given away (as gifts) sufficient of your estate to leave you under the IHT threshold (£325,000 or £650,000 of a married couple/civil partners). However, all gifts must have been made over seven years prior to death. Another is to hold property or investments that are exempt, such as a trading business or a farm. Finally there are a broad swathe of options out there from financial products and tax structured schemes that can remove the IHT burden. So, the reason that it is optional is that there are a plethora of things that can be done to avoid it.

Well, that's covered IHT (which I'm guessing you knew something about), so how do I avoid paying CGT you say? Well, the simple answer is not to sell something unless you absolutely have to. Another is that each of you currently have an exemption for CGT each year of £11,000, yes that's right you can make £11,000 completely tax free each and every year! Most of us aren't aware of this, and subsequently don't use it, so if over ten years for example you had used this exemption each year you could have mitigated £110,000 worth of gain in a share portfolio for example without paying any tax whatsoever!

However, if we are doing IHT planning above, the gifting of an asset, or its sale to convert into cash which you then gift is unavoidable. CGT would then arise and a tax bill would land on your doormat, right? So, have I come unstuck here, well no I haven't. Thanks to the use of a trust and a little known piece of legislation (even amongst those in the financial profession) it can be arranged that the gain and subsequent tax arising on a gift can be deferred until such time as the recipient sells the asset that has been gifted. This can be especially beneficial where the gift is of real estate or share portfolios.

Obviously this blog does not constitute tax advice, and is only intended to demonstrate that there are things you can do rather than pay tax where IHT and CGT are concerned.  All (well in terms of what I advise on at least) are perfectly legal and within the bounds of existing legislation, rather than being overly clever and attempting to exploit a loophole that Government later close. It is this that I hold as the primary reason for still being a successful tax adviser for almost 15 years now, and why I continue to help my clients arrange their tax affairs in a safe way. Hopefully I can help you too...