Inheritance planning with family investment companies

Understanding how to manage and pass on wealth efficiently is a crucial aspect of financial planning. For high-net-worth individuals and families, traditional vehicles such as wills and trusts have long been cornerstones of succession strategy. However, in recent years, a more flexible and potentially tax-efficient structure has gained prominence: the Family Investment Company, often abbreviated as FIC. This approach combines the benefits of company ownership with the long-term vision of family wealth preservation.

Family Investment Companies are proving to be especially popular among families with substantial assets who want to manage wealth across generations whilst maintaining some degree of control. This article delves deep into the setup, operation, and advantages of using this structure as part of a robust inheritance planning strategy.

What Is a Family Investment Company?

A Family Investment Company is a bespoke private limited company, typically structured to make and hold investments rather than trade. Unlike traditional trading companies, an FIC is established primarily for the purpose of investing in asset classes such as securities, property, or other long-term holdings.

The shareholders in an FIC are usually family members, and the company is used as a mechanism to support multi-generational planning. Control can be retained by the founders (often the parents or grandparents) while allowing younger generations to participate in and benefit from asset growth. The division of share classes and voting rights is central to the strategy and flexibility of this setup.

Setting Up the Structure

Creating an FIC involves several steps, each requiring attention to detail and customised decision-making. Once the family’s financial goals are clearly identified, the company is incorporated with Companies House. The key decisions revolve around shareholding arrangements, capital investment, and governance structures.

One common model is to have parents set up the FIC and contribute funds as a loan or equity. They may hold voting shares (with control over decisions) while issuing growth shares to children and grandchildren. This allows the future gains in investments to accrue to the younger generation, helping reduce the value of the founder’s estate for Inheritance Tax (IHT) purposes. The initial funds may come from taxed income or capital held personally, and often, a series of legal and tax documents are drafted to formalise the loan terms, rights of shareholders, and duties of directors.

Crucially, the distinction between ownership and control can be designed to preserve the founders’ influence over investment decisions while enabling the next generation to share in the upside. Legal advice is essential at this stage to ensure control rights, share classes, and future contributions are correctly structured.

Why Use this Strategy for Intergenerational Wealth Planning?

One of the primary motivations for establishing a Family Investment Company is estate and succession planning. Within the UK tax regime, family wealth passed on at death can be liable for 40% IHT on amounts above the nil-rate band and other relief thresholds. An FIC offers several potential ways to mitigate the impact of these rules.

By gifting growth shares in the company to children or younger family members, either outright or via trusts, founders can pass on the future appreciation of assets in a tax-efficient manner while retaining voting rights. The value of the shares given away is potentially covered by the seven-year rule for Gifts of Potentially Exempt Transfers (PETs). Hence, if the donor survives for seven years after the gift, the value escapes IHT.

Another advantage is the ability to implement a tailored dividend policy. Dividends can be paid to different share classes to provide income to the respective holders in a tax-efficient way, making use of lower marginal tax rates available to younger or non-earning family members. The structure also allows for centralised control of investments, coordinated family strategies, and a professionalised management set-up, which can be beneficial over the long term.

Tax Considerations and Efficiency

While the FIC structure offers inheritance planning benefits, it is also attractive because of its potential tax efficiency during the founder’s life. Corporation tax rates are currently lower than higher rate income tax for individuals, especially for investment income and capital gains.

Investment returns earned inside the company are subject to corporation tax – now standing at 25% for profits above £250,000. This is generally more favourable than higher and additional rate personal income tax, which can reach up to 45%. Moreover, there is no National Insurance payable on company profits, and there is often no immediate tax cost in gifting shares (subject to careful planning under the anti-avoidance rules).

It’s also possible for the company to reinvest profits – after paying corporation tax – without drawing out funds personally. This allows assets to compound more effectively inside the FIC. Over decades, this can produce significantly higher wealth accumulation compared with taxed personal investments.

However, it’s also important to recognise that FICs are increasingly under scrutiny by HMRC. While there is currently no general anti-avoidance rule targeted specifically at FICs, they do form part of HMRC’s broader investigations into wealth transfer mechanisms. Ensuring that the structure is truly for investment and inheritance purposes, and not just tax avoidance, is crucial. Robust legal, tax, and commercial documentation is essential.

Maintaining Control with Share Structures

One of the key benefits of a Family Investment Company is the flexibility around share structures. This enables founders to create different classes of shares for various family members, allowing them to fine-tune control, income distribution, and growth participation.

Typically, shares can have differing rights relating to capital, income (dividends), and voting. For instance, parents may hold ‘A’ shares with full voting rights but limited entitlement to capital growth, while children may be assigned ‘B’ shares with no voting rights but rights to future capital appreciation and dividends. More complex structures can involve alphabet shares for each individual, giving precise control over who receives what and when.

This structure not only allows founders to direct the company according to their preferences but also helps prevent sudden wealth transfer to younger generations, especially if they are not yet financially responsible. Conditions can be created (for example, minimum age thresholds, education or involvement in family business) before certain shares trigger rights or income distributions.

Involving the Next Generation

A key element of long-term inheritance planning is preparing the next generation to take over asset management responsibilities. FICs foster engagement by granting junior family members shares and potentially board seats as directors, gradually involving them in discussions on investment policies and governance.

This development can be instrumental for instilling values of responsibility, stewardship, and collaboration. It can also help avoid the common pitfalls faced by families when wealth is suddenly handed over without preparation.

Some families establish formal family constitutions or governance frameworks alongside their FICs to clarify values, rules, and expectations. Vision statements, voting protocols, and dispute resolution mechanisms can be embedded into shareholder agreements to ensure harmony and alignment across generations.

Comparing with Trusts

Traditionally, trusts have been a mainstay of estate planning, particularly due to their privacy benefits and asset protection features. However, the growing complexity and higher tax rates applicable to UK trusts have led many advisers to consider FICs as a preferable alternative.

Discretionary trusts, for example, are subject to a 45% tax rate on retained income and can suffer from inheritance tax charges every ten years and when capital is removed. In contrast, FICs are subject to lower corporation tax rates and provide more control over income streaming, as dividends are only taxed when they are extracted.

Nonetheless, both vehicles have their place, and it is not uncommon for them to be used in tandem. For example, a trust may hold shares in a Family Investment Company for added protection and control. This hybrid approach can create a blend of benefits including asset protection, flexibility, and tax efficiency.

Reporting and Compliance

Running a Family Investment Company involves ongoing regulatory and administrative responsibilities. These include filing annual accounts, maintaining statutory records, and complying with tax return obligations. Appointed directors must ensure that minutes of decisions, dividend payments, and shareholder changes are recorded properly and comply with the Companies Act.

Furthermore, loans from founders to the company must be formalised with appropriate documentation and interest rates – especially if they are to be repaid or used as part of the overall inheritance plan. If the founders act as directors, they owe fiduciary duties and need to avoid conflicts of interest.

Working with professionals such as accountants, lawyers, and tax advisers is vital to stay compliant and capture the full benefits. For families with cross-border assets or international elements, it is even more critical to ensure that tax treaties, foreign ownership rules, and reporting obligations (such as the global Common Reporting Standard) are considered.

Risks and Considerations

Like any financial vehicle, the use of Family Investment Companies comes with a set of cautions. While they offer flexibility and control, they also require governance and administrative time. They are less private than trusts, given that company filings are typically public. The political and legislative risk is also present, as tax rules may evolve, especially as FICs become more prevalent.

Moreover, while gifting shares may be exempt from inheritance tax under current rules, other taxes such as capital gains tax and stamp duty land tax (for property transfers) may apply, depending on how assets are moved into the FIC. Legal advice and proper planning are needed to navigate these issues smoothly.

Additionally, family disputes or diverging investment goals can challenge the harmony of the structure. Hence, clear communication, formal governance documents, and perhaps neutral advisers or professional directors can play an important role in maintaining balance.

Creating a Legacy

At its best, a Family Investment Company is more than just a tax planning tool. It is a family governance structure to manage wealth, educate the next generation, and instil long-term thinking. When set up thoughtfully, it encourages active participation and fosters a culture of stewardship, while providing mechanisms for distribution, asset protection, and business continuity.

Increasingly, families are looking beyond simple wealth transfer and want to create a coherent plan that supports education, entrepreneurship, charitable giving, and shared values. A well-structured Family Investment Company can serve as a cornerstone of this vision, helping families build not just financial capital but also social and intellectual capital across generations.

In Summary

Family Investment Companies offer a flexible and tax-efficient alternative to traditional estate planning tools like trusts. By separating control from economic benefit, they allow founders to retain influence while gradually passing on wealth. With careful structuring, strong governance, and ongoing professional advice, an FIC can be a powerful vehicle for managing intergenerational wealth — one that balances legacy, responsibility, and long-term growth.

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