Shifting income tax efficiently
There has been increased focus from families on shifting income tax efficiently lately. This is because of the trepidation surrounding the Labour government's Budget in October.
Overview
Families often aim to organise their wealth effectively to maximise their tax allowances. To achieve this, it's important to understand two key tax rules: Firstly, the joint property rules and secondly the settlement anti-avoidance provisions.
These rules can impact how wealth is shared within families and how tax is calculated.
An alternative method of shifting income tax efficiently, is to use a Family Investment Company. Typically this involves using a company as a 'moneybox', as opposed to using a family partnership or trust.
Joint property rules
The Joint property rules stipulate where property is held in spouse's (or civil partners) joint names, any income is split 50:50 and taxed accordingly.
The only exceptions are where firstly one civil partner/spouse has no beneficial entitlement to the income. Plus where the parties make a joint property election for income to be assessed in proportion to their beneficial interests.
For automatic 50:50 treatment you don't need to actively demonstrate a beneficial interest. Therefore, simply transferring the legal title into joint names should suffice. Where it's land and property, it is simpler to make a declaration of trust. This is less cumbersome than changing the legal title.
Declaring unequal beneficial interests in an asset
A method of shifting income tax efficiently for jointly held assets from the 50:50 treatment is to submit an election to HMRC.
The election can be made on an asset by asset basis. It is irrevocable and will not change until one of the following events happens:
Settlement anti-avoidance rules
A family business often include spouses, partners, children and other relatives, as directors and shareholders.
HMRC have a set of rules known as the Settlement Provisions. These rules are designed to prevent someone from avoiding a tax liability by shifting income. Firstly by diverting their income to other family members and secondly by retaining an interest in the income producing asset itself.
What's more these rules can also apply where you benefit from the income, regardless of having transferred the asset itself.
If these rules apply, then you are taxed on the income from the asset disregarding any transfer that has been made.
For a company the re-routing or splitting of income can be achieved by gifting some of your shares in your company to other family members. This will enable them to receive dividends.
However there is an exemption for outright gifts between spouses or civil partners. But be cautious—this doesn’t apply to gifts mostly made up of income. For example non-voting shares or waived dividends may come under scrutiny from HMRC.
The settlement provisions also apply when a parent sets up a trust for a minor child, potentially leading to higher taxes for the settlor.
To avoid falling foul of these rules, careful planning is essential. Families should ensure that any transfer of income or assets is genuine, well-documented, and does not leave the settlor with control over the income or asset. Using separate accounts or declarations of trust can clarify beneficial ownership and reduce the risk of HMRC applying the settlement provisions.
Summary
Understanding the joint property rules and HMRC settlement provisions is vital for effective family tax planning. By shifting income tax efficiently and adhering to these rules, families can optimise their tax allowances without falling into costly traps.
For more useful information, check out our Ebooks here.
And if you'd like to know how we can help you with all of this, or with anything else, feel free to give us a call on 01202 048696 or email us at [email protected].
Alternatively, please feel free to complete our Business Questionnaire here..