The Importance Of Succession Planning

The majority of owner manager manufacturers we speak to have got the commercial strings of their business comprehensively tied up.
UK Tax
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The majority of owner manager manufacturers we speak to have got the commercial strings of their business comprehensively tied up. However, as secure as their grip on the rudder of their business is, if personal matters intervene no amount of commercial planning can prevent significant disruption to the business and its organisation.

Death is a subject which most of us would rather not contemplate. However, for the owners of manufacturing businesses, it will not only have a major impact on their families and loved ones, but can also pose a real threat to the future of the business. With considered and prudent planning, owners can protect the continuity of the business and its management in addition to providing their loved ones with financial security should the unexpected happen.

In developing a succession plan for the business it will also be important to consider the potential tax implications arising on an owner's death and devise strategies that allow business assets to be passed on tax efficiently with minimum deterioration to the business and the owner's estate. Inheritance Tax Business Property Relief (BPR) at the rate of 100% is given to owners of most businesses for the value of their direct interest in the business whether that is as a sole trader, as a member of a partnership or shares in an unquoted company. As BPR can operate as a complete exemption from Inheritance Tax it is extremely valuable. However, in the absence of careful planning, BPR may be lost with the result that the owner's estate is subject to an unnecessary charge to Inheritance Tax.

Thomas Eggar LLP is a limited liability partnership registered in England and Wales under registered number OC326278 whose registered office is at The Corn Exchange, Baffin's Lane, Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word 'partner' refers to a member of the LLP, or an employee or consultant with equivalent standing and qualifications. A list of the members of the LLP is displayed at the above address, together with a list of those non-members who are designated as partners. Regulated by the Solicitors Regulation Authority. Lexcel and Investors in People accredited.

Thomas Eggar LLP is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity which is broadly the advising on, selling and administering of insurance contracts. This part of our business, including arrangements for complaints and redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website. We can also provide certain further limited investment services to clients if those services are incidental to the professional services we have been engaged to provide as solicitors.

Thesis Asset Management plc, our associated financial services company, provides a comprehensive range of investment services and advice. Thesis is owned by members of Thomas Eggar LLP but is independent of and separate to it. No lawyer connected with Thomas Eggar LLP provides services through Thesis as a practicing lawyer regulated by the Solicitors Regulation Authority. Thesis is authorised and regulated by the Financial Services Authority. Thesis has its own framework of investor protection and professional indemnity cover but Thesis clients do not enjoy the statutory protection of solicitors' clients.

The contents of this article are intended as guidelines for clients and other readers. It is not a substitute for considered advice on specific issues. Consequently, we cannot accept any responsibility for this information or for any errors or omissions.

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