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LBTP Frequently Asked Questions

The Lifetime Business Tax Plan (LBTP) is a powerful and flexible vehicle that enables the alignment of your business, wealth, investments and financial situation, legally allowing you to minimise your tax liability. It is created by joining two components: a Family Investment Company (FIC), which facilitates the purchase of investment assets or holds cash, and a tax-exempt investment account known as a Small Self-Administered Scheme (SSAS), which holds returns from investments. Find out more about the Lifetime Business Tax Plan by clicking on the frequently asked questions below.

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FAQs

What are Lifetime Business Tax Plans?

A Lifetime Business Tax Plan is a packaged solution, exclusively for company directors, that enables them to solve multiple problems for their business and offers tools to:

  • Solve the immediate threat of a 40% tax penalty on surplus company cash
  • Transfer in company and pension cash to create significant liquidity
  • Protect family wealth and assets
  • Secure inheritance of company shares
  • Achieve wider investment choices in a low to zero tax plan
  • Create lifetime and beyond tax and inheritance strategies
  • Fund your business
  • Create succession plans
  • Grow the retirement fund
  • Invest in property

Lifetime Business Tax Plans encompass two major components; the Family Investment Company and the Small Self-Administered Scheme (SSAS). These exclusive tax mitigation plans also allow directors to transfer in former work pensions that are frozen or unmanaged. The transfer of company cash and former pension cash into one plan can create significant liquidity, providing wide investment choice in a low to zero tax plan.

Who is the Lifetime Business Tax Plan (LBTP) designed for?

The LBTP is made up of two components — the Family Investment Company and the SSAS — both of which are exclusively available to company directors. It is particularly suited to directors of limited companies who hold surplus cash in their business and want to protect wealth for their families.

Is the LBTP recognised by HMRC?

A Family Investment Company is recognised by HMRC as a standard way of preserving family assets for future generations whilst mitigating tax. A Small Self-Administered Scheme is also recognised by HMRC as a standard form of investment savings vehicle for a company. Both components need to be registered with HMRC, and annual compliance reporting is required.  

Why might my company cash be at risk of a 40% tax charge?

Most business owners are unaware that surplus cash in their company is subject to a punitive 40% tax charge, because the starting point for HMRC is that company cash is an asset and therefore tax is due on it. Should the business owner choose to invest profits in anything other than day-to-day trade, they will become immediately liable for a 40% surcharge on profits they have already paid Corporation Tax on.  

How could my trading company inadvertently become an investment company?

HMRC applies a series of 20% tests to determine whether a company is a genuine trading company. These tests determine whether the cash represents more than 20% of the balance sheet, turnover, or profit. HMRC have also been known to win tax tribunals where a director spends more than 20% of their time managing investments rather than focussing on the trade of the company.

How does the Family Investment Company (FIC) element of the LBTP work?

The FIC enables company cash to be moved into a bank account linked to the plan. Shareholders remain in full control of all the cash, but that cash is effectively held in trust for the benefit of their family. The cash can be invested within the plan in any asset class from property to shares, and tax is only applied to the gains made through investments, not the actual cash held. 

Who retains control of the cash within the LBTP?

Surplus cash remains under the full control of the company director and is moved into the Family Investment Company, also fully controlled by the company director. The cash can be returned to the main trading company at any time, should a cash injection be required.

What are the key benefits of a SSAS?

A SSAS corporate pension scheme, exclusively available to company directors, that can receive profits from a Family Investment Company without suffering a tax charge. It can also make investments that are not subject to Capital Gains Tax or Corporation Tax. Key benefits include the ability to pool pensions with family members, invest in commercial property, purchase your own business premises, and ring-fence assets.

How does the LBTP help with Inheritance Tax?

Company directors with future beneficiaries such as children or grandchildren can mitigate a 40% charge on investments using a Lifetime Business Tax Plan. The components together protect cash from a tax charge, as well as returns generated, from further taxes. Shares are held in trust for beneficiaries but remain under the control of the business owner, further protecting family wealth from excessive Inheritance Tax.  

Why hasn't my accountant or financial adviser mentioned the LBTP?

Professional people working in the accountancy or financial advice sector only operate within their chosen specialist field and rarely interact with each other. A Lifetime Business Tax Plan is the solution that builds a bridge between a company tax product and a company investment product. 

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