Tax tips for Family Businesses
Family Businesses
Find out how family businesses can reduce their tax burden with some practical forward thinking
Owners and managers of family-owned businesses rightfully spend the vast majority of their time ensuring that the business runs well and generates profits. In the midst of such a demanding task, it can be easy to overlook some tax considerations that can potentially be significant.
The topic of tax in the context of family-owned businesses is a large one – however, there are a few key considerations to bear in mind:
Sections
- How is your business set up?
- How are you extracting funds?
- What’s New?
- How are you incentivising your staff?
- Are you thinking of an exit?
- Planning with pensions
- What about the next generation?
How is your business set up?
Most family-owned businesses are set up as companies, but some do run as partnerships. These two structures differ in terms of tax, and it is worthwhile for business owners to consider which structure could be most beneficial for their business.
Companies may pay lower rates of tax initially, but further tax (including National Insurance Contributions in the case of salary/bonuses) is often due when higher profits are extracted. Partnerships however are tax transparent, so profits are taxed as they arise, even if they are not extracted (but are taxed only once). It is generally easier to convert a partnership into a company than the other way around.
How are you extracting funds?
The business has a choice, broadly speaking, of paying dividends or paying salary/ bonuses. However, recent legislation has attempted to narrow the tax difference between companies and sole trader/partnerships.
Dividends
The Finance Bill 2016, published on 24 March 2016, contains the new rules for dividends.
Summary:
- From 6 April 2016, the notional 10% tax credit on dividends will be abolished
- A £5,000 tax free dividend allowance will be introduced
- Dividends above this level will be taxed at 7.5% (basic rate), 32.5% (higher rate), and 38.1% (additional rate)
- Dividends received by pensions and ISAs will be unaffected
- Dividend income will be treated as the top band of income
- Individuals who are basic rate payers who receive dividends of more than £5,001 will need to complete self assessment returns from 6 April 2016
- The change is expected to have little impact upon non-UK residents
Impact
The proposed changes raise revenue despite the so-called “triple lock” on income tax. Perhaps aimed to tax small companies who pay a small salary designed to preserve entitlement to the State Pension, followed by a much larger dividend payment in order to reduce National Insurance costs. It appears that the government is anti-small companies, preferring workers to be self-employed.
These changes will affect anyone in receipt of dividends: most taxpayers will be paying tax at an extra 7.5% p.a. Although the first £5,000 of any dividend is tax free, in 2016/17:
- Upper rate taxpayers will pay tax at 38.1% instead of an effective rate of 30.55% in 2015/16
- Higher rate taxpayers will pay tax at 32.5% instead of an effective rate of 25% in 2015/16
- Basic rate taxpayers will pay tax at 7.5% instead of 0% in 2015/16
This measure will have a very harsh effect on those who work with spouses in very small family companies. For example, a couple splitting income of £100,000 p.a. could be over £5,000 p.a. worse off.
Businesses should therefore consider these tax issues when using either of these methods to extract funds.
There can be benefits in various family members being involved in the business, particularly if they, for example, perform smaller roles and are not paying taxes at the higher rates. Care is always required here to ensure that any salaries are commensurate with the job performed.
There can also be complexities in giving away shares to spouses to enable them to capture dividends at the lower rates.
How are you incentivising your staff?
Clearly, the retention of key staff is of critical consideration for businesses of any size. With cash flows being restricted in these difficult times, consideration can usually be given to granting share options to employees. Certain tax-approved options schemes (such as Enterprise Management Incentives) are potentially very tax-efficient and a good incentive for key workers.
Are you thinking of an exit?
It is never too early to contemplate what would happen if the business were sold. The headline rate of capital gains tax is not good as it once was but there are potentially reliefs available which may minimise the tax burden on exit. With the right structuring, valuable relief can potentially be opened up to various family members through tax planning.
Tax Planning with pensions
Pensions are all the rage now, given the recent changes.
In certain instances, an appropriate pension plan for a family-owned business can lead to substantial tax efficiencies. Also the use of SIPPs and SASSs can be used a valuable tax planning tool to extract funds from otherwise taxable business profits.
What about the next generation?
Succession planning is a key strategic matter for any family-owned business. Where the business is a trading concern, it is often possible (depending on the particular circumstances) to give away shares without adverse tax consequences.
But care is required here to avoid certain pitfalls that can exist if even a few investment assets are located somewhere within the business.
It may also be the case that a trading business qualifies for inheritance tax relief (under the business property relief regime); therefore, founders may not be worried about inheritance tax now. If the business is sold however, this relief will be lost, potentially generating a significant inheritance tax bill in the future. Fortunately, planning options do exist here, such as transferring the business into a trust before an exit.
Needless to say, the above gives only a taste of some of the relevant tax considerations where family-owned businesses are concerned. The important point is to remember the significant impact that tax can make, and to take advice early and regularly.
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5 ways you can reduce Inheritance Tax
“IN THIS WORLD nothing can be said to be certain,
except death and taxes.”
(Attributed to Benjamin Franklin.)
While we may not be able to avoid either of these inevitabilities, there are ways to lessen the burden of one of them: inheritance tax (IHT). Inheritance tax can be a significant concern for individuals and families, as it can erode the value of an estate and limit the assets that can be passed on to loved ones. Fortunately, there are some basic strategies that can be employed to reduce IHT, from making gifts during your lifetime to setting up trusts.
In today’s Shipleys Tax note, we will look at some effective ways of reducing IHT, thus ensuring that your loved ones inherit as much of your wealth as possible.
What is IHT?
Inheritance tax (IHT) is a tax on the value of an individual’s estate exceeding the IHT threshold (£325,000) when they pass away. In the UK, the current rate of IHT is 40%, which can significantly reduce the amount of assets that can be passed on to heirs.
5 tips to reduce IHT
However, there are several ways in which you can reduce the amount of IHT that will be payable on your estate. Here are some basic tips to help you minimise your IHT liability:
(IHT) is a tax on the value of an individual’s estate exceeding the IHT threshold (£325,000) when they pass away. In the UK, the current rate of IHT is 40%.
- Use your annual exemption: Each individual is entitled to an annual exemption of £3,000 for IHT purposes. This means that you can give away up to £3,000 each year without incurring any IHT liability. This can be a useful way to gradually reduce the value of your estate over time.
Illustration: If Adam has an estate worth £500,000, he can give away £3,000 each year to his children without incurring any IHT liability. Over a period of 10 years, John will have reduced the value of his estate by £30,000.
- Make gifts out of your surplus income: You can make gifts out of your surplus income without incurring any IHT liability. To qualify as surplus income, the gifts must be regular, made from your income (after tax) and must not affect your standard of living. This can be a useful way to pass on wealth to your loved ones during your lifetime.
Illustration: If Sara has an income of £60,000 per year and her living expenses amount to £40,000, she has a surplus income of £20,000. She can make gifts of up to £20,000 each year to her children without incurring any IHT liability.
You can make gifts out of your surplus income without incurring any IHT liability. To qualify as surplus income, the gifts must be regular, made from your income (after tax) and must not affect your standard of living.
- Make use of the annual small gifts exemption: You can make gifts of up to £250 to any number of individuals each year without incurring any IHT liability. This can be a useful way to pass on small amounts of wealth to family and friends.
Illustration: If Tom has 10 grandchildren, he can make gifts of £250 to each of them each year, without incurring any IHT liability.
- Set up a trust: You can set up a trust to hold assets for the benefit of your heirs. This can be a useful way to reduce the value of your estate for IHT purposes. There are different types of trusts available, and it’s important to seek professional advice to ensure that you choose the right one for your needs.
Illustration: If Imran has an estate worth £1 million, he can set up a trust and transfer £500,000 of assets into it. As long as he survives for 7 years after making the transfer, the value of the assets in the trust will not be subject to IHT.
- Give gifts to charity: Gifts to charity are exempt from IHT. This can be a useful way to reduce the value of your estate and support a cause that you care about.
Illustration: If Maryam has an estate worth £1 million, she can leave a gift of £100,000 to her favourite charity in her will. This will reduce the value of her estate to £900,000 and the amount of IHT payable.
In general, reducing Inheritance Tax (IHT) can be a complex and sensitive issue, but it is an important consideration for individuals with significant assets. While the current IHT threshold may seem generous, many estates can quickly exceed it, resulting in a substantial tax bill for heirs. It is therefore important to seek professional advice to ensure that you choose the right strategy for your individual circumstances.
Working with a tax specialist at Shipleys Tax can help you navigate the various options and create a tailored plan to minimize IHT while ensuring that your assets are passed on to your intended beneficiaries. By taking proactive steps to reduce IHT, you can ensure that your hard-earned wealth is preserved for future generations, rather than being absorbed by the taxman.
If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.
Please note that Shipleys Tax do not give free advice by email or telephone.
Deadline to plug your NI contributions gap
CURRENTLY, there’s an extended window for individuals to plug holes in their state pension qualifying years record using voluntary NI contributions. However, this is coming to a close after 5 April 2023.
In todays Shipley’s Tax blog we look at what you need to do check if can you have full National Insurance credits on retirement.
UPDATE: 08/03/2023
Deadline now extended:
The government has just announced an extension of the deadline below to 31 July 2023. Further information below.
What’s happening?
As the end of the current tax year approaches, UK taxpayers have until 5 April 2023, to make voluntary Class 3 National Insurance (NI) contributions to fill any gaps in their NI record. This is particularly important for individuals who have missed payments due to career breaks or other reasons.
NI contributions are paid by employees and the self-employed if their earnings exceed a set threshold. Providing you earn enough in any given year, you will be treated as having a “qualifying year” for NI purposes which will be added to your NI record which can directly affect your entitlement to the state pension and other benefits. This is important because the contributions help individuals build up entitlements to state benefits such as the state pension, bereavement benefits, and Jobseeker’s Allowance. The amount of contributions a person makes over their working life determines their entitlement to these benefits.
UK taxpayers have until 5 April 2023, to make voluntary Class 3 National Insurance (NI) contributions to fill any gaps in their NI record.
What happens if I have gaps in my NI record?
Missing years can result in a shortfall when retirement age is attained, meaning only a partial pension is paid. So if the gap is substantial, there may be no entitlement at all. To permit people to catch up on missing years, the government allows payment of Class 3 NI at a fixed rate – known as “voluntary contributions” – to be paid. Making voluntary contributions can help to ensure you have a complete record of contributions and therefore maximize your entitlement to state benefits. This is crucial for individuals who have taken career breaks or periods of unemployment, as this can have a significant impact on your NI record.
How far can you go back?
Normally, you can only go back the last six years. However, there is a current HMRC incentive extending the window back to 6 April 2006 -meaning you can check your NI records going back over seventeen years.
From 6 April 2023 this will revert to the standard six years. It is therefore crucial that you check your NI record and make good any missing years’ contributions for tax years prior to 2017/18 before that date or the opportunity may be lost for good.
Update 08/03/2023: This deadline has now been extended to 31 July 2023.
However, there is a current HMRC incentive extending the window back to 6 April 2006 -meaning you can check your NI records going back over seventeen years.
In summary, if you have missed any NI contributions over your working life, it’s important to consider making voluntary contributions before the extended deadline closes. This will help you to maximize your entitlement to state benefits and ensure that you have a complete record of contributions. However, it’s important to consider your own circumstances and seek professional advice before making any decisions.
If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.
Please note that Shipleys Tax do not give free advice by email or telephone.
Why banking your capital gains could save you tax– act now
UNDER PRESSURE FROM his party, the Chancellor in his November 2022 budget made a significant alteration to the annual allowance for gains made on disposal of property assets.
In today’s Shipleys Tax brief, we look at the consequences of the upcoming change in the Capital Gains Tax (“CGT”) allowance and what it means for you and how you could save tax by being a little pro-active.
So, what’s happened?
Currently, the annual exemption for profits on disposal of property (amongst other assets) is £12,300. The government will reduce this to £6,000 on 6 April 2023 with a further reduction to £3,000 on 6 April 2024.
What does this mean for me?
Any gains made in excess of the annual exemptions above will be subject to capital gains tax at 10%, 20%, 18% and/or 28%, depending on the nature of the assets sold and on your individual taxable position.
The annual exemption for profits on disposal of property (amongst other assets) is £12,300. The government will reduce this to £6,000 on 6 April 2023 with a further reduction to £3,000 on 6 April 2024.
Also, as the basic threshold for inheritance tax (IHT) has been frozen at £325,000 since 6 April 2009 (and will be until at least 2026), property tax planning is increasingly important to mitigate the charge.
Gifting an asset to remove it from your estate as soon as possible is something many will consider. For example, an individual who makes a gift but survives them by seven years will not be charged inheritance tax on its value on death.
For CGT purposes, when an asset is gifted, this is treated as a “deemed disposal” meaning that even though no money has exchanged, the market value of the asset will replace sale proceeds.
Accordingly, the CGT allowance is a valuable relief. The allowance at its current level is worth up to £3,444 in cash terms. Once fully reduced, it will be worth a maximum of £840. This reduction greatly diminishes the value of the allowance as an effective planning tool.
So, what should you do?
If you were already thinking of making some gifts, it is worth giving some serious thought to doing so ahead of the reduction in the allowance to maximise tax relief.
As each person has their own annual exemption and transfers between spouses are generally tax-free of CGT, the benefit can be doubled.
Married couples tax planning
Consider a rental property worth £300,00, purchased for £150,000, owned in the sole name of a spouse. If the spouse gifted his half of the property to his wife and together they gifted the whole property to their son, they would remove the £300,000 from their estates, saving up to £120,000 in inheritance tax (assuming they survive seven years).
If the gift took place on or before 5 April 2023, the capital gain of £150,000 is reduced by the two annual exemptions, which means they will have a total CGT allowance of £24,600. At the 40% band, this represents a tax relief of £9,840.
As each person has their own annual exemption and transfers between spouses are generally tax-free of CGT, the benefit can be doubled
If they took this same action in May 2024, the annual exemptions would reduce and their maximum CGT allowance would be £6,000 between the two. This is a loss of £18,600 tax relief, which at 40% tax band means extra tax payable of £7,440!
The CGT annual tax exemption is a valuable tax relief, and used carefully in the right manner, could help you save significant amounts of tax by being pro-active.
If you are affected by any of the issues above and would like more information, please call 0114 272 4984 or email info@shipleystax.com.
Please note that Shipleys Tax do not give free advice by email or telephone.
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