Death and Taxes

Business Protection Revisited

For all business owners when it comes to protecting the business the key considerations are continuity and succession.

On the temporary absence or loss of a key person business owners need to consider for how long (if at all) the business could continue to run efficiently and remain profitable.  In addition to this they need to consider what plans are in place to ensure business assets are valued correctly and passed to the right people.

Businesses look to protect themselves against every eventuality, buying cover for their buildings, contents, materials and cars. However, the majority don’t cover their single biggest asset – their employees. According to research carried out by the British Chambers of Commerce in 2009, more than 60% of businesses have at least two key individuals. However, 44% of those surveyed said their businesses wouldn’t survive longer than 12 months if they lost one of these key people.

We touched on this subject in our blog last month and it is a subject we plan to revisit regularly as there continues to be a staggering need for companies to address this issue.

We’ve all heard at one time or other someone quote those famous worlds from Benjamin Franklin “In this world nothing can be said to be certain, except death and taxes”.  Ask any business owner what concerns them when it comes to tax and they will most certainly respond that they want to ensure they maximise all available tax advantages and to have the correct accounting procedures in place to do so.

Why then do so many companies remain resistant when it comes to having the correct plans and procedures in place to ensure death or serious illness does not affect the daily running of the business?

Consider the likelihood of at least one partner/director in a firm dying before age 65*

Age Number of Partners/Directors
1 2 3 4 5 10
35 7% 13% 19% 25% 30% 51%
40 7% 13% 18% 24% 29% 49%
45 6% 12% 17% 23% 27% 47%
50 6% 11% 16% 21% 25% 44%

 

Further to that consider the likelihood of at least one partner/director in a firm having a critical illness before age 65**

Age Number of Partners/Directors
1 2 3 4 5 10
35 29% 50% 65% 75% 82% 97%
40 29% 49% 64% 74% 81% 97%
45 27% 47% 62% 72% 80% 96%
50 25% 44% 58% 68% 76% 94%

 

Are the percentages as you expected?

Whether you are a Limited Company, Sole Trader, Partnership or Limited Liability Partnership the threat of death or serious illness of a key person is very real and it doesn’t have to mean the end of a business you have worked hard to create and make profitable.

If you are considering (or know someone who should be considering) continuity or succession planning we can help with calculating the level of cover required, how to set up the arrangement and the tax implications associated with the premiums and benefits payable on these plans.

We have dedicated teams with 5 of the top Business Protection Providers who can help us help you put the right plans in place, allowing you to get on with making your business profitable without the worry of what happens if someone takes seriously ill or dies.

It isn’t as complex or as expensive as you might think, so don’t delay, get in touch with us today and let the Expert Team at Oliver Asset Management ensure your business goes from strength to strength safe in the knowledge your protection needs have been met and will be reviewed regularly.

We look forward to hearing from you.

Dr Claire Armstrong

Source: www.actuaries.org.uk/knowledge/cmi/cmi_tables

*Based on mortality data from TMN00 (temporary assured lives, male non-smokers, 1999-2002) at five or more years’ duration.

**CIBT02. Based on 1971-2003 population data and experience, published in SIAS paper Exploring The Critical Path, 2006. Males, stand-alone extended cover, including own occupation and total and permanent disability.

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Business Protection – Can you identify a need and are you covered?

As of April this year there were over 2.5 million registered companies in the UK* and a staggering Business Protection gap defined by Legal & General as £1.1 trillion **.

44% of business owners said their businesses would fold within 12 months of the death or critical illness of a key person and only 4% of business owners have shareholder protection in place**.

If you are involved in a business small or large you will know that an integral part of the running costs includes insurance in relation to buildings and contents, key equipment, stock, vehicles and Public liability to name but a few.

The cost of each is taken as a given and paid regularly to ensure a business is functioning within the right legal requirements and to provide backup should the “worst” happen.

There is no doubt that equipment, vehicles, location etc provide the means by which a business can offer goods or services but what is the real backbone of any firm are the people who make it successful and profitable.

A successful business is one which not only makes the most of its key individuals but nurtures their expertise and reaps the reward in terms of the relationships they develop with suppliers and customers.

Have you considered the cost to your business if you were to lose one of your key individuals through ill health or death?  If you can think of someone within the business whose temporary or permanent loss would affect the company’s ability to maintain turnover and generate profit then they are a key individual and they should be covered.

If you lose a Key Person from the firm you need to be able to cover the cost of recruitment and replacement for that individual as well as making up for loss of profit directly attributable to them. You may also require reserves in place to ensure any business liabilities such as overdrafts, business loans or even Directors Loan Accounts can be repaid if they are recalled.

Business Succession Planning

As well as Key Person cover there is a massive need for Shareholder Protection within firms, or more specifically Business Succession Planning.

Business Succession Planning not only protects the company but also the employees, their families and the shareholders.

Some of the most frequently asked questions for shareholders within a company when considering the death or critical illness of a co owner include:

  • What happens to their shares when they suffer a serious illness or die?
  • How would the control of the business change?
  • What would be the cost of buying out the co-owner’s share?
  • Where does the cash come from to purchase shares from the co-owners family if they do not wish to retain an interest in the business?
  • What agreements can be put in place to ensure remaining shareholders and surviving families can exercise their preferred options when it comes to retaining or selling shares?

We can help answer these questions for you.

The partner, shareholders and key people in any business are its driving force, they are a valuable asset and you need to have plans in place that ensure if they suffer a critical illness or die your business can still continue and remain profitable despite the loss.

The death or critical illness of a key person in your company could threaten everything you’ve worked so hard to achieve, is it really worth the risk not to have the correct cover in place?

If you’re not sure where to begin then we can help.  We can take you through a step by step guide which helps you consider who needs to be covered and for how much.   In conjunction with this we will make you aware of the tax treatment of your premiums and benefits paid on any plans and talk you through the appropriate agreements which should be in place to ensure benefits are paid correctly.

It may seem like a minefield of information but we can pinpoint the need within your company and provide you with a complete report on what would be required and the monthly cost, incidentally it isn’t as much as you would think.

Whether you are a Sole Trader, Co-Owner, Partner or perhaps even a Key Person in a firm we will be able to talk you through the options and help you through the process from beginning to end.  We also offer a regular review service and would revisit all your planning on an annual basis to ensure your protection planning is keeping pace with any business changes.

So don’t put off any longer, if you want to speak with us further about how to protect your Business then we’d love to hear from you.

Claire Armstrong

*www.companieshouse.gov.uk (as at 03/04/2011)

**www.legalandgeneralcomms.co.uk/businessprotection

 

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The need for business succession planning

During a meeting with a business owner this week, I had the tables turned on me when she started a discussion about the relative merits of business protection plans.

Apart from fact that this is something I should have been doing, it did highlight that this business owner was thinking about the risks (dare I say it again, because of the current economic climate) to her personal circumstances if something was to happen to her fellow Director.

She did also allow me to regain control of the discussion as the understanding of the difference between Key Person Cover and Director’s Share Protection (and how they can overlap) wasn’t fully clear to her.

When you compare the statistics of the number of US businesses that have protection in place for their Key People and Directors to the UK, it shows the enormous financial risk many British business owners are prepared to take by not putting the proper arrangements in place.

A few throw away lines to highlight some of the issues:

“would you be happy if your biggest rival in business was able to buy into your firm because you hadn’t made sure your fellow Director’s shares were subject to the proper agreements in the event of death?”

“…if the most important fee earner in your business was diagnosed with cancer, would your bank be sympathetic to your request for increased overdraft facilities?”

There are a number of questions that owners of businesses should be asking themselves to highlight the potential need for some type of Business Protection cover.

I have set out a list of the major ones I think you must consider now in Key Questions for Business Protection.

If you need to discuss the implications of your answers to these questions and need professional guidance as to how to set the correct type of Business Protection arrangements for your firm up, please give me a call.

Roland Oliver

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National Employment Savings Trust (NEST) – implications for small businesses

Talking with an accountant this week reminded me that the proposed NEST pension reforms had not really filtered through or even hit the radar in some cases yet.
Small businesses owners can be forgiven in the current economic climate for having other things on their collective minds, but a start to understanding what NEST might mean for their businesses should be addressed sooner rather than later.
I’ve laid out the absolute basic details of the NEST proposals and would encourage you or your employer to give me a call to discuss the implications for your own businesses.
• The UK Government has agreed that all UK businesses, regardless of size, should offer a company pension scheme or enrol their staff into the new National Employment Savings Trust (NEST).

• From October 2012 UK employers will be required to automatically enrol employees into a ‘qualifying workplace pension scheme’. This auto enrolment could be to your existing company pension scheme if it meets certain criteria. If it does not meet the criteria or if you do not operate a company pension scheme then your employees will be enrolled into NEST, a low-cost pension scheme being introduced by the Government.

• Staff who are aged 22 or more and currently earning more than £7,475 a year will qualify.

• NEST is due to start in October 2012, with the largest employers joining first and the smallest joining by September 2016. Contributions from staff and employers will also be phased in. Until October 2016, the minimum overall level of contributions will be just 2%, with 1% coming from employers. From October 2016 to September 2017, total contributions will be 5% with 2% coming from employers. And from October 2017, the total minimum contribution level will be 8%, with employers contributing at least 3%.

• As well as the phasing in of compulsory contributions, legislation designed to minimise the burden on employers includes simple qualifying criteria for existing pension schemes and a simple compliance regime for new employer duties such as automatic enrolment.

Please find a more detailed factsheet here.

Roland Oliver

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