April 2, 2020
Covid-19 and Commercial Leases
As the Covid-19 health emergency continues to escalate in Ireland, many areas of society are being impacted in a way much similar to that of the financial crisis. One area...
Setting Up Family Partnerships
A family partnership is a legal entity and is typically used as a way for parents to share assets with their children during their lifetime. Under this arrangement, all parties to the agreement are ‘partners’, and as such, all retain a common interest in the shared assets.
Lavelle Partners have been assisting Irish families with partnerships for over 30 years, helping to protect their mutual interests, handling any issues, queries, or changes which arise, and dissolution of the partnership once its original purpose is served.
There are numerous reasons why so many families enter into family partnerships in Ireland. The headline benefit is that it affords the ability to transfer assets from parents to children but only to pay tax at today’s rate, while retaining some control over those assets. And when it comes time for the children to take full control of the assets within the trust, no further tax should be payable. Parents will typically transfer assets during the life of the partnership which they believe will increase in value over time.
Under such schemes, parents will usually only retain a small proportion of the share of the assets in the partnership, with the children holding the majority.
The overall tax burden under a family partnerships should be much lower than outside of such arrangements, however, in order to achieve taxation benefits it is important to take advantage of the full Capital Acquisitions Tax threshold available to each partner, and if gifting cash, purchasing investment property, and managing rental property under the partnership, this needs to be done with a full understanding of the latest family partnership tax implications. Lavelle Partners estate planning Solicitors can advise on all such matters.
A partnership agreement is a legal document which outlines the terms of a family partnership. It is vital to ensure this is drafted by a lawyer specialising in estate planning matters, as failure to include the necessary provisions may render it invalid, and lead to future disputes.
There are two primary family partnership types:
Limited partnership – rather like a limited company, the liability of any one partner is capped at the amount they have themselves contributed to the partnership.
General partnership – there is no limit on the liability of partners, and personal assets are not protected.
While a limited partnership has distinct advantages in respect of liability, it does require the filing of annual accounts, whereas a general partnership does not.
For further information regarding setting up a family partnership in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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