Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Some Differences In Tax Planning Between Jurisdictions

Author: James F. McDonough

Date: May 1, 2015

Key Contacts

Back

Despite a common language, there are differences in tax planning when it comes to the United Kingdom (UK) and the United States (US).

The differences in tax planning are the direct result of a trends or a structural changes in tax law. Clearly, the trend is against the accumulation of wealth inside of trusts.

Trusts were a vehicle in the UK and the US for the accumulation of wealth for many years due to more favorable trust income tax rates. In 2006, the UK imposed a charge on trust principal of 6% to be paid every ten years. In addition, the UK imposed a transfer tax of 20% on every transfer in excess of £325,000 (the “Nil Band”). UK tax planning was forced to discontinue the extensive use of trusts because these toll charges would reduce principal significantly.

The UK corporate tax rate in 2012 was 24% for large corporations and 21% for small corporations in 2012. The individual UK tax rate was 50% and 45% in 2012 and 2013. The tax rate has declined to 20% for 2015 for both large and small corporations. It is easy to understand the renewed interest in using corporations to shelter income.

The US attack on trusts proceeded in a different manner. The US burdened trusts with the highest income tax rate (39.6%) and the tax on net investment income (3.8%) where income exceeded $12,300. Although the unified credit has increased, the income tax burden on trusts discourages excessive accumulation of income.

Planners in the UK gravitated to the use of corporations and limited partnerships with different classes of interests. In the UK, an outright gift escapes the 20% charge that would apply to a gift to a trust; however, a donor must survive seven years for the gift to escape UK Inheritance tax. Using outright gifts to the next generation and the Nil Band for gifts in trust, wealth transfers are being accomplished.

The ownership interests are a mix of redeemable preferred interests to the parent, income interests and redeemable interests to the children. The entity pays tax at a lower corporate rate. There is a zero income tax band up to (approximately) £34,000 so that distributions to children can escape income tax. The UK taxes income accumulated in a trust for a child under age 18 at a parent’s tax rate, somewhat similar to the US Kidde Tax. The UK tax provision does not apply to family investment vehicles so the directors may declare a dividend on a particular class of shares when a child attains age 18. This technique may not be acceptable in the US, however, it shows that culture and attitude toward commercial transactions influences what can be done.

What is clear is the bias is against trusts on both sides of the Atlantic.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!