Benefits of a family partnership we had not previously considered

Benefits of a family partnership we had not previously considered

17:22 PM, 6th December 2019, About 4 years ago 22

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When my twins turned 18 years old I made them both partners in my property rental business and gifted 1% of the beneficial interest in my properties to each of them. We then registered a Partnership with HMRC, which meant I could allocate profits disproportionately to ownership by granting ‘Partners Salaries to each of my children.

The HMRC manual states….

“It is not a requirement of a partnership that each member is physically capable of performing the full range of the activities of the partnership business, but each must be capable of performing a part of the activities”

It goes on to say …

“There may be occasions when a person is described as a partner but is, in actual fact, an employee of the business. For example, the title may be given for prestige. ‘Salaried partner’ is the term usually used to describe such an employee. It is important to be aware, however, that the term may also be used to describe a person who is an actual partner, rather than an employee. For example, the term may be used to describe a partner who receives a first share of the firm’s profits. Whether or not a person is a partner or an employee will depend on the facts.”

My children are most definitely Partners in the true definition as opposed to being salaried employees with the title of Partner because:-

  1. They own a stake in the business and hence they are ‘co-adventurers in business’
  2. They share income, expenses, profits, losses and risks
  3. They are taking an increasingly active roll in the business and will take over completely when I eventually retire

The purpose of forming the Partnership was for business continuity and legacy planning, but it also had tax benefits for me. I have since been allocating profits between the Partners to utilise all of our basic rate tax bands, by granting a ‘Partners Salary’ to my children. This has resulted in me not being affected by the Section 24 restrictions on finance cost relief. Furthermore, the twins are retaining profits within the business, so the value of their capital account is growing whilst mine is either stagnating or reducing. This is also beneficial for IHT planning purposes.

The benefit we had not considered when we completed this planning is that the twins now have a track record of substantial income, which has enabled them to be able to secure a mortgage to buy their own first home. Without being Partners in the business, this would not have been possible for them. There are not many youngsters who are still at Univerity and yet qualify for mortgages to buy property in their own name, but thanks to the guidance given to me by Property118 my children will soon have a foot on the housing ladder themselves.

For anybody who is considering a tax-planning consultation with Property118 I highly recommend it.

Jayne

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Comments

JB

12:04 PM, 10th December 2019, About 4 years ago

Reply to the comment left by Austyn at H D Consultants at 09/12/2019 - 22:13
There are lots of tax benefits with an ISA and can be easily transferred to an adult one when they reach 18.

Simon Williams

12:21 PM, 10th December 2019, About 4 years ago

Would there be any capital gains tax advantages with this family partnership idea? If a partnership property is sold but the arrangement is that that children own only 1% of the business, I presume the answer is that there won't be a significant CGT saving. I think also that if you executed a trust to make them 50% beneficial owners prior to sale, that wouldn't work either as it doesn't benefit from the inter-spousal "no gain/no loss" provision, so CGT would be payable by the parent on the transfer.

I think CGT rises are the big threat out there (including from the Tories).

Mark Alexander - Founder of Property118

12:41 PM, 10th December 2019, About 4 years ago

Reply to the comment left by Simon Williams at 10/12/2019 - 12:21
Hi Simon

I agree with all of your statements, ie no CGT benefit. However, if the Partnership is ever transferred into a Limited Company, then there would be an uplift to the base costs of the properties upon transfer to the company and any CGT which the properties are pregnant with would be transferred into the company shares. On this basis, the company will only pay corporation tax on any gains made post incorporation and will only pay corporation tax on those gains at 19%.

For more details please see https://www.property118.com/tax/landlord-incorporation-specialists/

Simon Williams

17:10 PM, 10th December 2019, About 4 years ago

Reply to the comment left by Mark Alexander at 10/12/2019 - 12:41
Thanks Mark. Good, clear explanations in your link.

Rosanne Turvey

10:12 AM, 14th December 2019, About 4 years ago

Can this partnership also be done if there are still mortgages on the property? I have started up a new partnership with my twin sons and we have just bought a property together. I also have a large portfolio of properties in my name - could we add these to the partnership?

Mark Alexander - Founder of Property118

10:19 AM, 14th December 2019, About 4 years ago

Reply to the comment left by Arthur Allen at 14/12/2019 - 10:12
Yes but you will need professional advice because the properties need to become Partnership properties. If you get this wrong you could trigger horrendous amounts of CGT and Stamp Duty

Mick Roberts

11:52 AM, 14th December 2019, About 4 years ago

Reply to the comment left by Austyn at H D Consultants at 09/12/2019 - 14:05Austyn,
Don't think about starting pensions for your kid now, DO IT NOW.
I started one for my kid when she was 4, she's 25 now.
You can put in £2880pa, Tax man will add £720 making £3600.
And growth & compound & all that etc.

Mick Roberts

11:53 AM, 14th December 2019, About 4 years ago

Reply to the comment left by Mark Alexander at 09/12/2019 - 14:59
Yes Mark, see my comment to Austyn, If anyone has the spare money, it's a no brainer to get some'at invested & growing for your kids.

JonnyS

12:52 PM, 14th December 2019, About 4 years ago

Reply to the comment left by Mick Roberts at 14/12/2019 - 11:53Totally agree. I opened a junior SIPP for my grandson last year when he was 2 months old (his mum had to open the SIPP but I am managing it). Didn't fancy the thought of investing into an ISA and him blowing it all at aged 18 when it legally became his to do with what he wanted.

Mick Roberts

15:58 PM, 14th December 2019, About 4 years ago

Reply to the comment left by JonnyS at 14/12/2019 - 12:52
Yes & the growth amazing when u look back at the not too big amount we've put it, but the Tax man adding a quarter of this on top (a fifth of the overall amount) & then your growth & then compounded growth on top of all the 3 figures. And you've only put in the first figure.

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