The current tax rules encourage farmers and other business owners to hold on to their business until death, when the assets then pass to the next generation at market (probate) value for capital gains tax (CGT). This is effectively a tax-free uplift of the value of the business, and combined with 100% APR and BPR, is currently the optimum tax strategy. However, with people living longer, the next generation are likely to be in their late 50s or early 60s when they inherit the business and looking forward to retiring themselves! There is a strong argument that this inhibits growth within the family business economy and if the next generation were to take over the business in their 30s and 40s they would be more motivated to grow the business.
The proposed IHT charges can potentially be avoided by transferring the business during the owners’ lifetime and surviving 7 years (the potential exemption period) so that no IHT is payable. This would however result in a capital gain which potentially results in CGT becoming payable. This gain can be “held over” by joint election between donor and recipient so that no CGT is payable; in other words no IHT or CGT would be payable provided the donor survives for 7 years following the date of transfer. The downside is that the recipient’s base cost would be reduced by the gain held over which will normally mean that they take over the donor’s CGT base cost, leaving them in the same tax position as their parents. Please contact us if you would like to consider this strategy.
