header-logo header-logo

Home Login E-newsletter About us

Business as usual?

19 September 2014 / Anna Heenan
Issue: 7622 / Categories: Features , Family
printer mail-detail

How can you protect shares in a family business on divorce, asks Anna Heenan

In Shield v Shield [2014] EWCA Civ 1136, the Court of Appeal was called to decide upon the beneficial ownership of shares in a family company. The case demonstrates how tax planning and asset protection concerns can conflict and highlights the need to be mindful of both when advising a family business.

The company in question was RA Shield Holdings Limited (RASH). It was formed in 2005 after the husband’s previous company was restructured to revive its fortunes. Tax advice upon restructuring provided that if the husband retained control of the business until his death, his shares would attract business property relief for the purposes of inheritance tax and that there would be an uplift in the base cost of his shares for capital gains tax purposes. At the time of the restructuring, both the husband and wife intended to leave their shares to their son, Christopher, and made wills doing so.

Following the restructuring, the shareholdings in RASH were:

  • Husband:
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walker Morris—three new partners

Walker Morris—three new partners

Lateral hires at Leeds firm

Muckle—five promotions

Muckle—five promotions

A raft of promotions at the regional firm

Hodge Jones & Allen— Katy O’Mara & Rebecca Field

Hodge Jones & Allen— Katy O’Mara & Rebecca Field

Two new lawyers for firm’s crime extradition team

NEWS

Almost a third of adults with a legal issue in the past four years did not have it adequately resolved, research by the Law Society and Legal Services Board (LSB) has found

Bar Council research has found chambers can take action to lessen the earnings gap between men and women

The government’s controversial Safety of Rwanda (Asylum and Immigration) Bill has passed into law amid a storm of criticism

The Civil Justice Council has set a deadline of summer 2024 for its interim report into post-PACCAR reforms, with the full report due by summer 2025

Criminal lawyers have broadly welcomed a five-year strategy for the beleaguered Serious Fraud Office (SFO)

back-to-top-scroll