This is a question that I am often asked by clients seeking higher returns on their cash than they would otherwise achieve from a bank. Clients often don’t want to extract the cash from the company due to the tax suffered on dividends or believe the investment would be a taxable deduction in their accounts.
In general, I try to steer clients away from holding investments in a trading company for reasons of isolating risk and tax implications. Instead, I recommend either holding them personally (after paying tax on dividends drawn) or via a separate company specifically set up to hold investments (with cash lent from the trading company to the investment company). Each case is different in terms of asset class (stocks, property, precious metals, currency, etc.), time horizon, and attitude to risk. However, the following principles apply across the board.
Isolation of Risk
If financial assets (including investments) are held in a trading company and a claim is made against the company (e.g., an IR35 claim, as in the Christa Ackroyd case), you might be forced to sell the asset to settle the claim. However, this risk is no greater than if the asset were cash.
Tax Treatment
The tax treatment depends on current tax legislation, which is subject to change. Key considerations include:
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- Initial Investment:
The initial investment is not treated as a trading expense and will not benefit from Corporation Tax relief. Instead, it will sit as an investment (asset) on the company’s balance sheet until sold.
2. Disposal of Investments:
Upon disposal, you will pay Corporation Tax on any gains (sale proceeds less initial investment). Unlike individuals, companies cannot claim an annual exemption for capital gains or indexation allowance (this changed recently). If a loss is made, it cannot be set against company trading income but only against other gains from the same activity. If unused capital tax losses remain when the company closes, they do not transfer to you personally.
3. Income Generated by the Asset:
Income (e.g., rent) is taxable within the company, and further tax applies when you extract the income. However, dividends received by companies are not subject to further tax on the company side.
4. Impact on Entrepreneurs’ Relief:
Holding investments in your trading company could affect your entitlement to Entrepreneurs’ Relief. This risk is minimal unless a significant portion of the company’s resources (including your time) is tied up in managing investments.
5. Company Liquidation:
If you decide to liquidate the company, transferring assets (including investments) out of the company could trigger a tax event.
Example
Let’s say you have £10,000 to invest for 10 years and expect growth of 8% per annum (compounded). Here’s a comparison of the tax implications for investing through your company versus personally:
Scenario 1: Investment Through Limited Company
- The company invests £10,000 (no tax relief).
- After 10 years, the investment grows to £21,589 (£10,000 × 1.08^10).
- The gain is £11,589, taxed at 19% Corporation Tax (£2,201).
- After Corporation Tax, £19,388 remains.
- Dividends of £19,388 are paid to you, taxed at 32.5% (£6,301).
- Net result: £13,087 in your pocket.
Scenario 2: Investment Personally
- The company pays a £10,000 dividend to you, taxed at 32.5% (£6,750 available to invest).
- After 10 years, the investment grows to £14,572 (£6,750 × 1.08^10).
- Gains below the annual exemption (£12,000) incur no Capital Gains Tax.
- Net result: £14,572 in your pocket.
Scenario 3: Investment Through Pension
- The company makes a £12,345 pension contribution (costing £10,000 after Corporation Tax relief).
- After 10 years, the pension grows to £26,651.
- Upon withdrawal, 25% (£6,662) is tax-free; the remainder is taxed at 40% (£7,995).
- Net result: £18,656 in your pocket, spread over retirement.
Conclusion
Unless you need access to cash in the short/medium term, consider investing surplus cash via a pension. Pension contributions offer Corporation Tax relief, and there is no tax on income or gains held within the pension wrapper. However, be mindful of potential changes to pension tax rules over a long time horizon.
Each situation is unique, so you should seek tailored investment advice from a qualified professional.
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