Should you put your business in a trust to save on estate taxes?

If your business is in a trust and its value grows over time, this growth is excluded from the estate duty calculation.

Despite this obvious benefit, the decision should not be taken lightly, as there are many other implications. Carefully consider the pros and cons before making a final decision.The legal structure of the business determines how it is dealt with in your estate. As a trust is unlikely to have the funds to buy the shares in the business outright, business owners typically make a loan to the trust equal to the value of the business when it is sold to the trust.

This makes decision-making more complex; while you will continue to manage the business as the managing director, decisions like when to sell shares will be made by independent trustees. If this interest exceeds the annual interest exemption, you will be taxed on this at your marginal tax rate. If the trust cannot pay this interest, the loan account will also grow and attract more interest.

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