What are family investment companies and how do they work (2024)

Family Investment Companies are a tax-efficient way to retain control over assets and pass them to the next generation.

We have helped with the incorporation and legal structuring of a number of family investment companies (FIC) recently. It is worth considering them as part of a strategy for inheritance, succession and wealth planning.

Take the example of parents who want to pass wealth to their young children but do not want the children to have access to money at a young age. Trusts are often the natural choice. However, the law around them can be complex and they are not always tax efficient. Most business people will be familiar with the concept of a limited liability company and how it operates – this is one of the main attractions of a family investment company. A further attraction is the degree of flexibility they provide – they can be fine-tuned to a family’s particular circ*mstances or requirements.

What are family investment companies and how do they work?

The parents form a company limited by shares. They own one ‘A’ share each. Each ‘A’ shareholder has the right to appoint one director, and the right to vote at general meetings, but they have no entitlement to dividends or any return of capital. The children have one ‘B’ share each. These ‘B’ shares have no voting or other ‘control’ rights but full entitlement to any dividends or return on capital (which must be approved by the parents).

The parents typically fund the company by way of loan. The company (under the control of the parents) acquires assets – anything from property, cars, art, trading companies etc. which generate a return. Income is either re-invested within the company, or is used to repay the parents’ loan. Any underlying capital value grows in the children’s name.

What are the tax considerations?

In simple terms, profit on an investment held in a company will be taxed at corporation tax rates, which may be up to 25% lower than if held in an individual’s hands. That is another of the main attractions of an FIC. They allow wealth to be passed to the next generation without IHT as value is passed on creation (although the seven year survivorship rule may apply where FIC shares are gifted).

Company expenses (eg. advisors’ fees, interest, loan repayments etc.) may reduce the corporate tax bill. Capital gains on the disposal of assets would fall to corporation tax rates which are likely to be lower than the applicable personal tax rates. Companies may still have the benefit of indexation allowances which are not available to individuals. It may be possible for the initial loan to the company to be repaid tax free. Dividends received in a group structure may be payable to holding company without tax.

Note though the transfer of an asset into an FIC may attract CGT for the transferor; depending on the CGT position, it would generally be more effective for the FIC to acquire assets itself, funded by a loan.

It is important that tax advice is sought early on as this will play a significant part of any FIC structure. However, in general terms the tax provisions are most beneficial if the income and capital is held within the company for a long period of time.

How is control maintained?

In the earlier example, the ‘A’ shareholders have absolute say on what the company does, what it invests in, and how any return on investment is applied. No ‘B’ shareholder has any right over this. This control regime would on the face of it survive the parents’ separation or divorce. However, the parents may want to consider appointing a third director between them – the sort of person who may be a trustee or guardian who would act in the children’s best interests, to ensure a voting majority can be achieved. The ‘A’ shareholders can equally appoint professionals to advise/manage the investments on their behalf – but the underlying control dynamic (from the children’s perspective) is unaffected by this.

Other key control measures would include restrictions on the appointment of directors and transfers of shares. These would typically be contained in the company’s articles of association. The articles also allow flexibility over changes to voting, income and capital and the issue of redeemable shares which may be useful as the children get older and may have some need to access funds.

Legal considerations

Setting up a company limited by shares can be achieved quickly and inexpensively. Most of the key provisions relating to directors, voting and control, and share class rights can be set out in the articles of association. As the articles are a public document (they are filed at Companies House, and available for inspection by anyone on the Companies House website), any sensitive provisions can be set out in a separate shareholders agreement.

The directors of an FIC would be subject to the usual statutory obligations, and, as with any other company, it is the responsibility of the directors to ensure that these obligations are complied with. So, for instance, annual filings will have to be made at Companies House and statutory registers maintained, but these should not be significant burdens for a simple company limited by shares.

Why might you consider one?
  • FICs are tax efficient compared with a trust, especially for longer term investments.
  • The company structure is familiar to many people who want to protect and shelter wealth.
  • They allow a measure of flexibility to ensure there is appropriate control, protection and availability of funds.
  • The flexible structure may protect assets in the event of divorce or against creditors.

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Author: Anthony Young

What are family investment companies and how do they work (2024)

FAQs

What is a family investment company? ›

A family investment company (FIC) is one that invests rather than trades. These investments are typically likely to be equity portfolios or property. A Family Investment company is set up by a founder, transferring cash or assets, typically by way of a loan.

What are the disadvantages of family investment company? ›

Disadvantages of a FIC

A FIC can be tax inefficient if all of the company profits are paid out to the family as this creates the potential for double taxation. The company pays Corporation Tax on its profits and then the shareholders will pay Income Tax when profits are distributed in the form of a dividend.

What are 3 main types of investment companies? ›

A company that issues and invests in securities. The three types of investment companies are mutual funds, closed-end funds, and unit investment trusts.

What is the difference between FIC and trust? ›

A family investment company is essentially a private limited company with an objective to be employed for family estate planning purposes. Rather than a trust deeds a family investment company will have articles of association and can have separate agreements between shareholders who are typically family members.

Are family investment companies worth it? ›

They're also a good option for those who want to avoid a large inheritance tax charge and retain control over their assets, especially if their children are younger. As an alternative, family trusts provide an accepted and arguably safer structure, which usually costs less to establish.

How does a family trust company work? ›

Family trusts are a common type of trust used to hold assets or run a family business. A family trust is an inter vivos discretionary trust which means it is established by someone during their lifetime to manage certain assets or investments and support beneficiaries, such as family members.

What is the benefit of family investment company? ›

It is a private company whose shareholders are family members. A FIC enables parents to retain control over assets whilst accumulating wealth in a tax efficient manner and facilitating future succession planning.

What are good family investments? ›

Traditional and Roth IRAs. A spousal IRA if one of you doesn't work. Health Savings Accounts if one or both of you is enrolled in a high deductible health plan. Taxable brokerage accounts.

Can a family investment company borrow money? ›

You may fund the family investment company by way of loan, repayments of which can be made from investment profits without incurring any additional tax liabilities.

What are the 3 safest investment types? ›

Here are the best low-risk investments in March 2023:

Money market funds. Treasury bills, notes, bonds and TIPS. Corporate bonds.

How does an investment company make money? ›

Investment companies can be privately or publicly owned, and they engage in the management, sale, and marketing of investment products to the public. Investment companies make profits by buying and selling shares, property, bonds, cash, other funds and other assets.

What is the most popular investment company? ›

  1. BlackRock. BlackRock is the country's largest brokerage firm with over $10 trillion in assets under management. ...
  2. Fidelity. ...
  3. Vanguard. ...
  4. Charles Schwab. ...
  5. JP Morgan Chase. ...
  6. Edward Jones. ...
  7. Morgan Stanley (E*TRADE) ...
  8. T.
Jan 6, 2023

Is a trust safe from IRS? ›

This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. It is critical to your financial health that you consider the tax and legal obligations associated with trusts before committing your assets to a trust.

What type of trust is best? ›

Having a revocable trust in place can help you avoid probate, which is the process a court takes to finalize your legal and financial matters after your death. Probate can be lengthy and expensive for your loved ones. Estates in probate also become a matter of public record.

Which is better a trust or foundation? ›

Compared to charitable trusts, foundations may cost less, face less regulation and have more tax benefits. The Internal Revenue Service recognizes private foundations as charitable organizations under the 501(c)3 chapter of the tax code. This makes the foundations exempt from federal income taxes.

What is better a trust or a company? ›

While a trust may have lesser tax obligations, a company is generally a more effective structure to generate working capital, especially since trusts are taxed at higher rates when profits are generated.

Which is better a trust or a company? ›

A company is a juristic entity which can sue and be sued in its own name while a trust is not a legal entity but can have legal capacity through the services of the trustees.

Why use a trust instead of a company? ›

A trust is often one of the most tax-effective methods of running a business. Profits of the business can be easily distributed amongst family members and other beneficiaries and can be distributed in such a way that tax is paid at the lowest available individual marginal tax rate (subject to various rules).

What are the disadvantages of a trust fund? ›

What are the Disadvantages of a Trust?
  • Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ...
  • Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ...
  • No Protection from Creditors.
Oct 23, 2020

What are the disadvantages of a living trust? ›

One of the primary disadvantages to using a trust is the cost necessary to establish it. It's generally more expensive to prepare a living trust than a will. You must create new deeds and other documents to transfer ownership of your assets into the trust after you form it.

Who is the beneficial owner of a family trust? ›

A beneficial owner is an individual who ultimately owns or controls an entity such as a company, trust or partnership. 'Owns' in this case means owning 25% or more of the entity. This can be directly (such as through shareholdings) or indirectly (such as through another company's ownership or through a bank or broker).

How much money do you need for family office? ›

Family office expenses often amount to approximately 1% to 2% of the family's total active assets, including investment portfolios, trust assets, and liquid assets. So, the approximate cost for a small family office with active assets of $155 million would be $1.5 million to $3.1 million annually.

How do family offices make money? ›

Family offices might invest in private equity, venture capital opportunities, hedge funds, and commercial real estate. Many family offices turn to hedge funds for alignment of interest based on risk and return assessment goals. Some family offices remain passive and just allocate funds to outside managers.

How do I start a family investment group? ›

  1. Step 1: Find Potential Members for Your Stock Investment Club. ...
  2. Step 2: Hold Meetings With Potential Members to Organize. ...
  3. Step 3: Form a Legal Entity and Create a Partnership Agreement. ...
  4. Step 4: Establish Club Operating Procedures. ...
  5. Step 5: Open a Brokerage Account for Investing in the Stock Market.
Aug 5, 2019

What is the safest investment with the highest return? ›

Here are the nine best safe investments with high returns:
  • High-yield savings accounts.
  • Certificates of deposit.
  • Money market accounts.
  • Treasury bonds.
  • Treasury Inflation-Protected Securities.
  • Municipal bonds.
  • Corporate bonds.
  • S&P 500 index fund/ETF.
3 days ago

What do wealthy families invest in? ›

Millionaires have many different investment philosophies. These can include investing in real estate, stock, commodities and hedge funds, among other types of financial investments. Generally, many seek to mitigate risk and therefore prefer diversified investment portfolios.

What is the safest most profitable investment? ›

High-quality bonds and fixed indexed annuities are often considered the safest investments with the highest returns. However, there are many different types of bond funds and annuities, each with risks and rewards. For example, government bonds are generally more stable than corporate bonds based on past performance.

What is the tax rate for close investment company? ›

However, if you have a close (less than five participators) investment holding company (“CIC”), you are not entitled to claim the small profits rate and profits will be taxed at a flat rate of 25%.

How is an investment company taxed? ›

Companies are subject to corporation tax on the income and gains they receive from the investments they make. How company held investments are taxed will depend upon the accounting basis the company uses and the type of investment they hold.

How can I borrow money to my family legally? ›

The IRS mandates that any loan between family members be made with a signed written agreement, a fixed repayment schedule, and a minimum interest rate. (The IRS publishes Applicable Federal Rates (AFRs) monthly.)

What are the two riskiest investments? ›

While the product names and descriptions can often change, examples of high-risk investments include:
  • Cryptoassets (also known as cryptos)
  • Mini-bonds (sometimes called high interest return bonds)
  • Land banking.
  • Contracts for Difference (CFDs)

What is the #1 safest investment? ›

For example, certificates of deposit (CDs), money market accounts, municipal bonds and Treasury Inflation-Protected Securities (TIPS) are among the safest types of investments.

Where can I put my money to earn the most interest? ›

So, if you have some money set aside and want to earn a higher rate of interest without taking too much risk, consider these strategies.
  • Switch to a high-interest savings account. ...
  • Consider a rewards checking account. ...
  • Take advantage of bank bonuses. ...
  • Try a money market account. ...
  • Check with your local credit union.
Dec 16, 2022

What are the 4 types of investments? ›

There are four main investment types, or asset classes, that you can choose from, each with distinct characteristics, risks and benefits.
  • Growth investments. ...
  • Shares. ...
  • Property. ...
  • Defensive investments. ...
  • Cash. ...
  • Fixed interest.

How much money do you need to start an investment company? ›

Typically, starting an investment company costs $50,000 to $100,000.
...
However, there are a few expenses that are typical for most investment companies:
  1. Licensing and regulatory fees.
  2. Office space and equipment.
  3. Staffing costs.
  4. Marketing and advertising expenses.

How do private investment companies make money? ›

Private equity firms invest the money they collect on behalf of the fund's investors, usually by taking controlling stakes in companies. The private equity firm then works with company executives to make the businesses — called portfolio companies — more valuable so they can sell them later at a profit.

What is the most trustworthy investment company? ›

25 Most Trusted Financial Companies By IBD Trust Index Rating
RankCompanyQuality
1USAA88.5
2Vanguard86.9
3Primerica86.5
4Fidelity Investments80.1
21 more rows
Aug 29, 2022

What fees do investment companies charge? ›

Here are five common fees that you may see when you invest: advisory fee, expense ratio, sales charge, trading fee, and transfer fee. While fees are a necessary part of investing, generally speaking, the less you have to pay in fees, the more money you could keep invested.

Which investment firm has the lowest fees? ›

Fidelity: Best Low-Cost Online Broker
  • Account Minimum: $0.
  • Fees: $0 for stock/ETF trades, $0 plus $0.65/contract for options trade.

Can IRS take your inheritance? ›

If somebody passes away and leaves you an inheritance, the IRS has a claim on the new assets. If you manage to buy new property, the IRS can use the IRS tax lien as a basis for taking it away from you. If you don't respond to an IRS tax lien, you could lose it all.

What are the negatives of an irrevocable trust? ›

The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.

Can I put everything I own in a trust? ›

Depending on the type of trust you have, there are many assets you can put in a trust, including your bank accounts, real estate property, and insurance policies. There are also several things that generally shouldn't be included in your trust plans, like retirement accounts, everyday vehicles, and HSAs.

Is a trust better than a bank account? ›

To make sure your Beneficiaries can easily access your accounts and receive their inheritance, protect your assets by putting them in a Trust. A Trust-Based Estate Plan is the most secure way to make your last wishes known while protecting your assets and loved ones.

Is a trust worth the money? ›

Trusts offer greater privacy than wills because they do not have to go through the probate process. Often cited as a key reason for establishing a trust, avoiding probate can mean substantial savings in time, legal fees and paperwork.

Is a trust better than inheritance? ›

The bottom line is that a trust provides far more potential asset protection than an outright inheritance. Depending upon the needs of your family, an estate planning attorney can create a trust for you that protects assets and preserves them for your beneficiaries.

What do family investment offices do? ›

A family office is a private wealth management firm established by an ultra-high-net-worth family that provides that family with a selection of personalized services that include investment management, financial planning, estate and tax planning, philanthropic investing, concierge services, and more.

Who can set up a family investment company? ›

A Family Investment Company (FIC) is a private limited company whose shareholders are family members. The company is usually set up by parents or grandparents, often with multiple classes of shares, each with differing rights.

How are family investment companies taxed? ›

Family Investment Companies are subject to corporation tax on the income they receive. However, As corporation tax is at a lower rate than either basic rate tax and Higher rate tax, there can be significant income advantages.

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