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Wealth Management & Protection
Asset Protection is essential for protecting and preserving company and family assets from third party claims, divorce, bankruptcy, spendthrift spouses, and youthful improvidence.
Taking the most appropriate action for the protection of your own personal assets is a very complex undertaking, requiring specialist taxation and legal assistance. Asset protection must be commercially driven and cannot be used to avoid paying creditors.
Whilst asset protection is fundamental in considering estate planning, the principle can be extended to other circumstances as well. Two common areas in brief:
PROTECTING AN INDIVIDUAL’S ASSETS
Generally, one of the most efficient ways you can protect assets is by transferring them into a relevant and properly constituted trust. The asset should then be protected against the bankruptcy or divorce of the beneficiaries.
Pitfalls
Firstly, setting up a trust for asset protection will in itself not afford any protection under insolvency or matrimonial laws for beneficiaries if the wrong type of trust is used. We have seen many trusts set up for this purpose that have failed. If one tries to rely on an improperly constituted trust for asset protection the courts may look through it and seek to set it aside.
Secondly, a point which regularly tends to be overlooked (particularly regarding property) on transfer is the mortgage against the property. If the mortgage is more than the original “base” cost of the property (perhaps due to remortgaging) then Capital Gains Tax may be liable if the mortgage is transferred into the trust. Furthermore, such transfer may potentially trigger a Stamp Duty Land Tax charge.
Many think that an outright gift of assets directly to children, siblings, etc will automatically afford protection against divorce or bankruptcy. This may not be the case and is a potentially dangerous presumption to rely on, specialist professional advice should be sought to achieve the desired results. Also such transfers tend to trigger a Capital Gains Tax charge under the deemed disposal rules and again this is often overlooked with significant tax consequences.
Company Property
Businesses may wish to protect vulnerable property and assets against commercial and business risks. Broadly speaking, one way this could be achieved would be by creating a group of companies and transferring the property into this group. The effect of this would be to “ring-fence” the vulnerable asset against any claims of the individual trade in the group.
Pitfalls
It is essential that any asset transfers is done correctly to avoid the property being “linked” to the original business, as this will afford no protection. Of equal importance is that any debts between the group companies would need to be dealt with correctly to provide any real protection.
In all cases there needs to be a legitimate business, commercial or investment driver for the transaction. Furthermore, it is crucial that any such restructuring does not fall foul of insolvency legislation, namely the defrauding of creditors.
Asset protection is an invaluable planning tool which can be used to protect, preserve and devolve family wealth in the right circumstances.
For further information on how you can effectively safeguard you assets and wealth please contact us.
Latest news & blogs…
IR35 to be repealed
IN A QUITE sensational move, Kwasi Kwarteng has seemingly done away with one of the most maligned pieces of tax legislation: the IR35 rules. Or at least some of it.
Here at Shipleys Tax we briefly look at the one of the most surprising aspects of this now quite eventful Mini-Budget.
IR35 repeal
The Chancellor confirmed workers providing their services via an intermediary vehicle, such as a personal service company, will once again be responsible for determining their employment status and paying the appropriate amount of tax and NICs.
The IR35 reforms will be repealed from April 6 2023 according to the mini-Budget.
The previous 2017 and 2021 reforms to the off payroll working rules (also known as IR35) required that the end client, and not the contractors they hire, were responsible in determining if the working relationship resembles a self-employed engagement or employment. Under existing rules, the fee-paying party (either the end client or recruitment agency) shouldered the liability.
This a hugely welcome reform to a much maligned and flawed area of tax law. It brings some certainty as to who is liable and minimises the risk that genuinely self-employed workers are impacted by the underlying off-payroll rules.
IT contractors, locums and many other service professionals will breathe a sigh of collective relief that a piece of legislation that has had a damaging effect on business and contractors’ livelihoods for the last five years has now been repealed.
More to follow.
Mini-Budget 2022: Back in time?
AS PART OF the new government’s mini-budget, the UK chancellor Kwasi Kwarteng travelled back in time to reverse previously planned tax rises by announcing a raft of tax cuts, including a surprising removal of the 45% income tax rate.
We have highlighted the main points below:
Summary Budget measures
*****UPDATE****
IR35/Off-payroll working
Huge change here – the changes made to the off-payroll working rules from April 2017 and April 2021 will be reversed. From 6 April 2023 the responsibility for determining employment status will revert to the individuals doing the work.
- Income tax
- 45% Additional rate abolished (40% top rate now)
- Basic rate cut to 19% (from 20%)
- both to take effect from April 2023;
- dividend rate reduced (reversing previous hike)
- NIC – April 2022 increase in NIC reversed from 6 November and Health & Social Care Levy scrapped
- Corporation tax to remain at 19% – planned 2023 increase to 25% cancelled
- Off payroll working/IR35 – previous legislative changes to be repealed from April 2023
- Introduction of VAT-free shopping for overseas visitors
- New “Investment Zones” with enhanced tax reliefs and relaxed planning frameworks
- Removal of cap on bankers’ bonuses
- SEIS and CSOP limits to be increased. EIS and VCT reliefs will be extended beyond 2025
- Annual Investment Allowance to stay at £1m for capital allowances
- No stamp duty on first £250,000, for first time buyers that rises to £425,000 – comes into operation today
Our in-depth analysis of the Mini Budget will follow.
Death of The Queen
A SAD, SOMBRE DAY for the UK and Commonwealth.
Most of us have only known the reign of Queen Elizabeth for as long as we can remember. Whatever your views on the monarchy she was arguably a remarkable woman – working tirelessly almost to her last day it seems. Spanning over 70 years she was a constant presence in the background of political, economical and natural change.
In an age where upstanding figureheads are painfully uncommon, she was an inspiration to many; her dignity, humility and graciousness won many hearts here in the UK and around the world. At times the Royal Family was controversial yes, but she was arguably the Queen for the people and the people loved her back.
A personal moment of loss for the Royal Family and many who felt they knew her, an era defining moment for the UK and its future.
Office Closure
Bank Holiday Monday 19th September 2022
As a mark of respect, the Shipleys Tax team will be taking the day off on the day of The Queen’s funeral, Monday 19th September and our office will be closed.
Normal business will resume on Tuesday 20th September.
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