Where assets are of a sufficient size, it may be appropriate to consider more complex financial structures, especially when planning ahead for your family and future generations.
There are typically five main structures to be aware of. Not all of these structures will be suitable for everyone, and it’s important to seek legal, investment and accountancy advice, in addition to speaking with a financial planner before taking action.
Venture Capital Trusts (VCTs)
Venture Capital Trusts, otherwise known as VCTs, offer exposure to smaller, unquoted companies through a collective investment listed on the London Stock Exchange.
From a taxation perspective, investors can claim income tax relief of 30% on investments up to £200,000 per year, provided shares are held for a minimum of five years. Dividends from VCT shares are exempt from Income Tax, and realised gains are exempt from CGT.
When it comes to the types of VCT available, as well as generalist VCTs, there are also AIM VCTs that specifically invest in companies on the alternative investment market, and specialist VCTs that target a particular sector such as healthcare or technology.
As VCTs invest in a variety of underlying holdings they offer a good opportunity for diversification. Bear in mind, however, that the attached fees can be quite high; it’s common to see an initial fee of around 5.5%, with an annual fee around 2%. We sometimes see clients using this structure on a rolling basis, meaning they invest in VCTs every year and reinvest the tax relief either in pensions or more VCTs.
Enterprise Investment Schemes (EIS)
As an alternative to VCTs, EISs offer benefits to investors wishing to diversify into smaller, growing businesses. Investors can claim income tax relief of 30% on investments into a qualifying EIS up to the value of £1m. This increases to £2m if any investment above £1m is into ‘Knowledge Intensive Companies'.
Compared to VCTs, EISs have a shorter holding period, with realised gains exempt from CGT, providing the investment has been held for three years. EIS shares also qualify for business relief, and can be left to beneficiaries free of any inheritance tax provided they are held for at least two years.
Note, though, that although the minimum holding period is three years, in reality that time frame is often longer. Since the exit is via management buyout, it is likely investors may hold the shares for much longer than three years.
Lastly, it’s important to consider when weighing up an EIS versus a VCT that EISs are comparatively higher risk, as they involve investment in smaller individual companies.
Offshore Bonds
These are effectively investments written under insurance law; they’re made through an offshore life insurance company, with popular jurisdictions including Dublin and the Isle of Man.
The fund returns are largely free of both income tax and CGT, with permitted annual withdrawals of up to 5% of the initial investment, with no immediate tax liability. While gains are subject to income tax, eventual taxation may be reduced through a number of tax reliefs.
As a wealth structuring tool, Offshore Bonds can be useful for succession planning or income planning in retirement. This is because the bond can be assigned to another individual without an immediate tax charge, making it suitable for passing onto children or grandchildren, for example for future education charges.
Family Investment Companies (FICs)
For high-net-worth individuals who want to look at alternative succession planning options, another structure to consider is a Family Investment Company (FIC).
A FIC is technically a corporate entity; it is often a Limited Company, which makes investments on behalf of shareholders, rather than carrying out a trade. The tax treatment of investment assets within the FIC can enable faster growth than if held personally. With careful structuring a FIC can be set up in such a way that it not only provides efficient income for the original investor, but can also incorporate some succession planning.
FICs are subject to 19% corporation tax, which is generally lower than the personal tax rate. Furthermore, most dividend income from equities held within the FIC is tax exempt.
Expert advice is essential when it comes to FICs. As with Trusts, financial planners can work with an expert to set them up on a client’s behalf.
Trusts
A Trust is a legal relationship created when one person is given assets to hold for the benefit of another. They’re most commonly used by parents and grandparents as structures through which to pass assets on to future generations.
Fundamentally, Trusts revolve around the control and protection of assets, and with this in mind it’s key to note that you are giving up access to money when you utilise Trusts in any form. If it’s something you’re considering, you therefore need to be comfortable that you have everything you might need for the future.
A Trust usually has three parties: a settlor who establishes the Trust; a beneficiary (or beneficiaries) who is going to benefit from the Trust; and a trustee who holds the Trust property under the terms of the Trust, for the benefit of the beneficiary.
There are two types of Trust available. Absolute Trusts are usually used by grandparents to make provision for grandchildren, whereas Discretionary Trusts are a more flexible form of Trust, allowing beneficiaries to make decisions about where the assets go.