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Finance

Capital Gains Tax Planning

Ensure the most economically advantageous structure for personal Capital Gains taxation.

Whilst Gerard Associates Ltd. Can give you advice on certain aspects of taxation we are not tax advisers. We can recommend fellow professionals to help you if requested. We do however give advice on the following:

CAPITAL GAINS TAX (CGT)

This is, to put it simply, a tax on capital gains. You have an annual exemption (currently £8,800 2006/2007) and will only face an actual bill if your gains on disposals of chargeable assets in any one year exceed this amount.

Other relief's (Indexation Allowance and Taper Relief) may also be available.

If you do face a Capital Gain in excess of your annual exemption and other reliefs then, in order to calculate your tax, this gain is added to your income for the year and taxed as follows:

  • below the starting rate limit is subject to CGT at 10%
  • between the starting rate and basic rate limits is subject to CGT at 20%
  • above the basic rate limit is subject to CGT at 40%

Should the gain take you into the higher rate tax bracket then you will pay some tax at this higher rate.

Inheritance Tax Planning

Ensure that, at death, your estate goes to your family; not the government.

Whilst Gerard Associates Ltd. Can give you advice on certain aspects of taxation we are not tax advisers. We can recommend fellow professionals to help you if requested. We do however give advice on the following:

INHERITANCE TAX (IHT)

Inheritance Tax is a tax that is levied on your estate when you die and pass your estate to your beneficiaries.

Transfers to your spouse are exempt, and so for the vast majority of people IHT is a tax levied on the death of the longest living spouse.

Inheritance Tax in the UK is calculated by working out the value of your entire worldwide assets if you are UK domiciled, and then levying tax as follows (for 2005/06)

  • First £0-285,000 Nil Rate Band (no Inheritance tax)
  • Over £285,000 40%

i.e. no tax on that part of the estate within the Nil Rate Band

Your estate includes all of your property, investments, home etc, (wherever in the world they are located), but for practical purposes it does not include business assets such as farms (where you are the owner occupier or tenant), unincorporated businesses, unlisted or AIM listed companies. To be fair however, there is much devil in the detail and if you class yourself as a businessperson, entrepreneur or landlord you should have a full analysis carried out.

The Most Common Inheritance Tax Mitigation Idea That Doesn't Work

"Giving something away but keeping it really."

This comes in many guises, the most common being to try to give your house to your children while being allowed to live in it until you die, giving a valuable work of art to your children but actually keeping it on your wall, or putting money into a trust where it is possible for you to get it back out.

All of these ideas fall foul of the Gift With Reservation rule. Broadly speaking this means that a gift is not a gift if the donor retains any actual or potential benefit from the gift, i.e. the house as a home, appreciating the art, the ability to access the money.

Some Common Methods that Do Work

  1. Utilising the Nil Rate Band allowance for Couples: There are methods of utilising this allowance which can substantially reduce potential Inheritance Tax Liability. Most couples simply pass all of their assets to each other on first death. When the last partner dies, the whole estate passes to the children/beneficiaries. This means that the Nil Rate Band of the first person to die is wasted. Depending on the type and value of your assets this method of inheritance tax planning can save you upto £102,000 (2003/2004)
  2. A Whole of Life Plan: this is a simple method of reducing your inheritance tax liabilities. A 'Joint Whole of Life Second Death' insurance policy is set up and is then written in trust to your beneficiaries.
  3. Gifting: the inland revenue allow you to "gift away" certain amounts each tax year without any tax implications. However, 'Gifting' is not straight forward and there are limitations as to the amoutns gifted and the type of recipient which need to be carefully understood. We can help make these rules clear to you.

Gerard Associates can show you how to significantly reduce this onerous tax on your estate. If you have an estate for which Inheritance tax may be an issue it is important to seek advice and plan in advance. We will be able to assist you in this.

The FSA does not regulate advice given on matters of tax

Corporate Planning

Continuity, Stability and Protection

To ensure proper, sensible & proactive detail is given to securing company operations, security and profitability against unforeseen circumstances. To ensure all legally required schemes are in place such as employee pension schemes and to give added value to staff remuneration packages.

How Staff and Company Benefit from Proper Corporate Planning

If you are not offering pensions, life assurance, disability cover, critical illness insurance and medical insurance to your staff then you are not maximizing potential added value a) for your employees and b) in your staffing capital investment.

An appropriate cost/benefit analysis of the various corporate planning options for your particular set of employees should be properly carried out. In many cases your employees will perceive the value of the benefit to be much higher than the actual cost of providing it, which makes such benefits a very useful tool in remuneration negotiations with individual staff or groups/unions.

The benefits not only accrue to your staff, but also assist in the efficient management of the company by providing cover for certain risks.

KEY PERSON COVER

As a company you insure your cars and your equipment against disaster like fire and flood and include compensation for loss of profits as well as asset replacement. But do you insure your company's cash flow against loss of key members of staff to death or disease?

Draw up a list of your Key People, who, very broadly, are those whose skills are such that no one else could step into the breach should they die suddenly of a heart attack or the like.

In most companies the Directors are Key People, as are the star salespeople, business drivers, and possibly certain technical staff.

Ask yourself what sort of damage their loss would entail. This can range from the catastrophic (in the event of the death of an owner director this can result in the calling in of all debts, bank overdrafts etc and subsequent failure of the firm) to the difficult (the death of the top salesperson may cause a new business famine and subsequent cash flow difficulties) to the merely expensively inconvenient (hiring a consultant locum at £500 a day for several months while a new person is recruited).

If you consider that you have a potential problem then you can insure against it using Key Man policies. These are not prohibitive in cost, although generally they will not count as a business expense.

DIRECTOR SHARE COVER

IMPORTANT NOTE TO MANAGING DIRECTORS: YOU SHOULD PROTECT YOUR COMPANY AND YOUR FAMILIES WITH DIRECTOR SHARE COVER.

In the event of a director of your company dying or suffering a critical illness it is imperative to protect both the company and the director's family. Simple and effective plans are available to provide complete peace of mind so that both the company and family survive such events.

INCOME REPLACEMENT PLANS / PERMANENT HEALTH INSURANCE

When you have to let a valued staff member go because of ill health it can be a very difficult decision; being almost as stressful for the manager, who feels that he is condemning a friend to State Benefits, as it is for the ill employee.

If however the staff member has got disability cover as part of their package everyone knows that their salary will be largely replaced by income from the insurer. This makes for much better management, working relationships and added value for your employees.

CRITICAL ILLNESS INSURANCE

If one of your staff gets a serious listed illness (but not necessarily immediately fatal listed illness e.g. cancer , heart attack, stroke) , then they get a lump sum payment (typically equal to two years salary). Again it helps to resolve the issues inherent in either paying unproductive staff or letting people down when you would really like to help them.

CORPORATE/EMPLOYEE PENSIONS AND LIFE INSURANCE

Death in Service Protection may have less direct benefit to the firm, but still offer effective ways of providing employee benefits. If as an employer you have five or more employees you may fall under the Stakeholder rules and need to set up pension schemes for those employees. That's the law. Gerard Associates can assess your business situation and provide advice and appropriate cover.

Company Seminars

Gerard Associates are to happy hold employee/employer seminars at the workplace in order to explain these areas. These meetings can provide excellent opportunity to both employer and employee when seeking clarification on these important areas.

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