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    Please provide as much detail as possible in regards to the reason for your enquiry so our tax advisers can prepare and tailor their response to reflect your needs. We will endeavour to - respond / call you back - to discuss your enquiry and you will not be charged for this time.

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    Please provide as much detail as possible in regards to the reason for your enquiry so our tax advisers can prepare and tailor their response to reflect your needs. We will endeavour to - respond / call you back - to discuss your enquiry and you will not be charged for this time.

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  • Cryptocurrency and the Family Investment Company

    29 April 2021

    Andy Wood explains how Family Investment Companies can be used as tax-efficient vehicles for a crypto investor.

    It is without a doubt that blockchain technology and crypto assets are here to stay. The most recent development in the crypto sphere involved the listing of Coinbase on Nasdaq topping a market capitalisation of $105bn, which settled after a short frenzy at $60bn. 

    As the space continues to develop and grow, more and more individuals are seizing their opportunities and finding themselves accruing life-changing amounts of wealth. With awareness of tax compliance issues generally being good, investors and developers are shifting their focus towards future planning. 

    What is a Family Investment Company?

    In short, a Family Investment Company (“FIC”) is a corporate vehicle designed to preserve, maintain and grow the family wealth whilst meeting the income requirements of the various parties involved. It is typically considered a structure in which the principles retain control whilst earmarking value for successive generations tax efficiently. 

    It acts as a useful ‘hub’ from which to pool, manage and grow the family wealth and protect assets from the grips of personal and external creditors. 

    How can a FIC benefit a crypto investor?

    In order to understand how a FIC can benefit a crypto investor, we must understand some of the common and underlying issues faced by them. Based on our recent experience of dealing with crypto enquiries, in summary, the most common issues faced by crypto investors include:

    1. Wealth being accrued in a personal capacity is potentially ‘up for grabs’ in a legal claim or divorce, both now and for future generations;
    2. Significant exposure to inheritance tax leaving a considerable dent in the amount of wealth being passed on to successive generations;
    3. Providing gifts to family members or using the assets to provide an income or earmarking funds for the investor’s family, such as paying for school fees, supporting children during university, helping them to buy their first house or assisting parents with income in their retirement;
    4. Retaining control over the family wealth with the flexibility to bring other family members or external parties into the management of those assets.

    Transferring existing crypto assets to a company

    When we speak of a ‘transfer’, a company is not usually able to have a wallet or exchange account in its own name. As such, the individual should ensure the necessary arrangements are made to evidence the ownership of the assets. 

    In many circumstances, the investor will already hold a significant portfolio on his own account. As such, there will be a number of tax implications which may act as a barrier to transferring crypto assets into a company. 

    The main issue will be that a transfer of crypto assets to a company is deemed to be a sale at market value, crystallising any capital gains which may be outstanding on the portfolio. Often, this will generate a tax charge that the client is not in a position to fund without liquidating some or all of their portfolio. 

    Of course, the longer-term advantages of using a FIC may outweigh the short-term tax cost, in which case, it may remain a feasible option. It may also be possible to meet this tax charge without using your own funds or liquidating the portfolio, for example, by leveraging part of your portfolio. 

    If the tax charge is not tenable, then there may be other options available to the investor. For example, where the investment portfolio could be considered to be a serious undertaking with the view to profit, it may be possible to rely on relief specifically designed to allow business (trading and investment) to mitigate a charge when moving into a company. 

    How can ETC help?

    ETC Tax are at the forefront of the taxation of crypto assets, regularly assisting investors and traders with the compliance and structuring issues. We have a solid grasp on the fundamental and underlying practicalities which allows us to identify and implement planning that is bespoke to each investor’s circumstances and objectives. 

    To date, ETC has assisted in unique and sensitive cases including large historic and offshore non-compliance affecting crypto investors, crypto-gaming and NFT tokens, unique mining arrangements where there are restrictions and conditions imposed on node operators and working with DeFi platforms.

    For further resource on crypto assets please see www.cryptotaxdegens.com.

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    Please provide as much detail as possible in regards to the reason for your enquiry so our tax advisers can prepare and tailor their response to reflect your needs. We will endeavour to - respond / call you back - to discuss your enquiry and you will not be charged for this time.

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