An Alternative Option for Inheritance Tax Planning – Family Limited Partnerships
7th December 2010 by Adam Rowbottom
Clients with larger estates may not be aware of all the tools to address the Inheritance Tax issue.
While typical tools such as discounted gift trusts, life insurance and simply spending and gifting the estate remain valid options, for substantial estates there is another solution that may be a good idea.
I asked a specialist in the field of Family Limited Partnerships (FLPs) to explain a little more about this relatively unknown solution to Inheritance Tax planning.
Susanne Beveridge is a solicitor working for Brodies Solicitors LLp in Edinburgh. Brodies are well knowledged in this field.
Susanne says
“Since changes to the inheritance tax (IHT) treatment of trusts were introduced in 2006, trusts have looked much less attractive as a vehicle for passing down substantial wealth to future generations. Any assets passing to a trust from a married couple or civil partners over the value of two IHT nil rate bands (currently £650,000) are now subject to immediate and ongoing IHT charges throughout the lifetime of the trust.
Family limited partnerships (FLP) can provide a solution as a means of passing such wealth (ideally minimum investment of £1m) down the generations without the prohibitive IHT treatment of the trust regime yet critically allowing control to be retained over the assets. The benefit of assets being gifted to a partnership rather than to a trust is that for IHT purposes this gift is treated as a potentially exempt transfer and therefore, provided the individual making the gift survives for 7 years and retains no benefit from it, then the value of the gift will drop out of their estate.
A partnership is established to hold investment funds for various family members. The partnership will have one or more limited partners (who are not entitled to take any part of the management of the firm) and one or more general partners (who are responsible for the whole management of the limited partnership). Each partnership agreement will be structured according to the assets proposed to be transferred (bearing in mind the capital gains and income tax implications), the family members (including whether or not there are minor children) and the intention of the donor of the assets.
A FLP will be a collective investment scheme and therefore as a regulated activity this must be carried on by a Financial Services Act authorised operator who will ensure that the appropriate reports and administration are complied with.
Specialist advice will be required in every case to ensure that the FLP is structured in the most suitable way according to the exact circumstances. FLPs are fast becoming the vehicle of choice for wealthy individuals wishing to pass on their wealth to the next generation.”
If you feel a Family Limited Partnership may be worth considering for your estate then why not give me a call to discuss the area in more detail. With experts like Brodies available to assist an IHT solution is now very real.






