Example - Gifting shares to the children
Mr Iceman owns all the
shares in Famco Ltd, a company that invests in both property and in the stock
market. He wants to pass on the company to his adult children but he knows that
if he simply gives them shares, he will have to pay CGT on the deemed gain, and
if he dies within seven years of the gift, the value of the shares given will
be included in his estate – as will the value of any shares he still owns.
The company is valued at
£800,000. Mr Iceman is 47, and plans to retire at 60. He typically takes
£60,000 a year in dividends from the company, but he looks forward to a decent
pension and reckons he will not need these dividends after he retires.
Mr Iceman arranges for the
company to issue him a new class of shares (‘B shares’), and to rename his
existing shares ‘A Shares’. Famco’s
articles of association are amended to say that the B shares are not entitled
to anything (whether dividends or a share of the sale proceeds if the company
is sold or liquidated) until the holders of the A shares have received £800,000
(again, in dividends or in a share of sale proceeds). The A shares are entitled
to £800,000 and no more. Mr Iceman then gives the B shares to his children.
There is no holdover for
CGT, but what is the value of the B shares? Given that the B shares are
unlikely to be entitled to anything for at least thirteen years if Mr Iceman
carries on his present dividend policy, I would submit they are worth virtually
nothing.
As time goes by and Mr
Iceman receives his £60,000 dividends each year, the value of his A shares
decreases, and the value of the B shares increases. After ten years, when Mr
Iceman has had £600,000 of the £800,000 that his A shares allow him to have,
the value of the B shares will have started to increase significantly, but none
of this increase is as a result of a gift by Mr Iceman – it is just a natural
consequence of the way the company’s share capital works.
Mr Iceman has succeeded in
transferring most of the value of his company to his children at no tax cost,
whilst retaining the right to sufficient dividends to see him through to his
pension!
Practical Tip:
This is a very simplified description of some sophisticated tax planning, and should not be attempted without specialist advice from both a tax consultant and from a professional valuer.