1. Control
- Family Investment Company: As a shareholder or director of the company, you maintain full control over investments, dividends and strategic decisions.
- Trust (Trust Fund): Decisions are made by nominee directors, often called “trustees”. The founder may have limited influence but the structure may be risky with HMRC if he or she is in full control.
FIC is more suitable for those who want full control.
2. Taxation
- Family Investment Company:
- Subject to corporate tax ().
- Dividends received from UK-based companies are generally exempt from tax.
- It is tax advantageous to reinvest profits by keeping them inside.
- Trust (Trust Fund):
- 45% income tax, capital gains tax applies.
- Beneficiaries may also pay tax on the distribution.
- There can be complex tax structures and an inheritance tax burden of up to %6 every 10 years.
For a growing portfolio, FIC offers a more efficient tax structure.
3. Succession Planning (IHT)
- FIC: Shares can be gradually transferred to family members. However, 7 years must elapse for full tax advantage (PET - Potential Exempt Transfer).
- Trust: When established within certain limits, it provides an immediate inheritance tax advantage. However, setup, entry and periodic tax burdens should be carefully planned.
Trust in the short term and FIC in the long term are more flexible.
4. Privacy and Simplicity
- FIC: Company documents (director details, shareholders, etc.) are registered at Companies House and are publicly available. There are accounting and declaration obligations.
- Trust: It is usually confidential and not publicly available (in some cases there may be an obligation to register with the Trust Registration Service).
Trust is more suitable if privacy is your priority.
5. Asset Protection
- FIC: Management authority can be protected with non-voting shares. However, it is limited in protection from risks such as divorce and debt.
- Trust: Properly organised, it can offer high protection against divorce, bankruptcy and wasteful spending.
The Trust is stronger in terms of asset protection.
Comparison Table
| Feature | Family Investment Company (FIC) | Trust (Trust Fund) |
|---|---|---|
| Control | High | Medium - Low |
| Tax Efficiency | High (corporate tax) | Low (45% income tax) |
| Legacy Planning | Effective in the long term | Advantageous in the short term |
| Privacy | Low | High |
| Complexity | High | Centre |
| Asset Protection | Centre | High |
Which one should be preferred in which situation?
If you prefer Family Investment Company:
- If you want to retain control over your investments,
- If you are planning long-term portfolio growth,
- If it is important for you to keep profits inside for tax purposes.
If you prefer Trust:
- If heritage planning and asset protection is your immediate priority,
- If privacy is very important to you,
- If you are considering a transfer of assets for young children or individuals with special needs.
Hybrid Model: Combining Forces
Hybrid Model: Combining ForcesFIC and Trust structures are not necessarily alternatives to each other. Rather, they are a combination of the strengths of these two structures. hybrid models, Trusts are frequently preferred both to retain investment control and to provide maximum advantage in tax and inheritance planning. For example, by establishing a Family Investment Company and managing the investments through the company, the shares of this company can be transferred to a Trust structure to maintain control and transfer the shares to the next generation in a safe, planned and tax-advantaged manner.
This model, is particularly effective for large-scale wealth, long-term planning and intra-family inheritance transfers.
Note Hybrid structures can be more complex and costly to set up and administer, both in terms of accounting and legal advice. Therefore, if this model is being considered, it is strongly recommended to work with specialised lawyers and tax advisors. As YATIRIM UK, we are with you in all these processes.
