For the use of professional advisers only and not to be relied upon by retail clients. Venture Capital Trust October 2016 In an era of unpredictability, VCTs look increasingly attractive Leicester City…Brexit…President Trump? It looks like 2016 could go down as the year when anything and everything became possible. But as Stuart Lewis explains, the surge in demand for Venture Capital Trusts (VCTs) feels entirely predictable. This year has seen the introduction of two key changes to legislation that will force financial advisers to think about different ways to solve client challenges. The first relates to the rules around pensions, while the second relates to the way that dividends are taxed. Both of these could present considerable opportunities for advisers to recommend VCTs to their clients. Let’s consider both opportunities, starting with the changes made to pensions. Lifetime pension contribution limits have almost halved since 2011 In April, we saw the lifetime allowance (LTA) for pension contributions reduced from £1.25 million to just £1 million. From April 2018, the LTA will move in line with inflation. In addition, a tapered annual contribution limit has been introduced, ranging from £40,000 (the upper limit) to as little as £10,000 for those who earn £210,000 or more. An LTA of £1 million may seem like a large amount, but as Table 1 shows, people of all ages (investing fairly small annual amounts) who have already started to fund their retirement are likely to hit the LTA a number of years before their actual retirement date. I’m thinking specifically about younger investors with decades of potential compound annual growth ahead of them and the daunting prospect of an ever-increasing retirement age.1 You don’t have to cast your mind back too far to remember a time when pension limits were much less punitive. As recently as 2011, the LTA was £1.8 million, and the annual contribution limit was £255,000. The penalty for breaching the new pension limits is severe. If an individual’s pension pot ever exceeds the limit, they could face a tax charge of up to 55% on the excess. Perhaps unsurprisingly, in the latest tax year, the amount of tax collected from those that breached the LTA jumped by 62% to £126 million.2 It’s likely, therefore, that a growing number of people may be forced to think more broadly than simply relying on their pensions as the sole vehicle for retirement. Table 1: The impact of the Lifetime Allowance Clients planning to retire at 65 Pension pot in 2016 Starting annual contribution (gross) Age they’ll first surpass the LTA (assuming the LTA increases by 2% from 2018) Value of pension fund at 65 Age 30 £125,000 £12,000 59 £2.7 million (£740k over the estimated LTA at retirement) Age 40 £350,000 £18,000 55 £2.7 million (£1.11 million over the estimated LTA at retirement) Age 50 £450,000 £24,000 61 £1.7 million (£402k over the estimated LTA at retirement). For illustrative purposes only. This assumes annual pension growth of 6%, annual pension contribution growth of 2% and the LTA will increase at an estimated 2% CPI rate from 2018. 1 A 30 year old today is already looking at a state pension retirement age of 68 and there is every possibility that this will be extended further. 2 HMRC, 2015/16 tax year vs. previous year. octopusinvestments.com I 0800 316 2067 Dividend taxation could prove costly for small business owners Another significant change introduced this year that could present many of your clients with food for thought is the modernisation of the dividend taxation rules. The introduction of an annual tax-free £5,000 dividend allowance – instead of the previous regime of a notional 10% tax credit on all dividends – should leave the average investor much better off. For example, at its current yield, an investor would need a FTSE 100 portfolio worth well over £100,000 before they are required to pay any tax at all on the dividends they receive. However, things get more complicated for small business owners and high-net-worth individuals. Above the £5,000 tax-free dividend allowance, the rates of dividend taxation have increased to the following: • 7.5% basic rate • 32.5% higher rate • 38.1% additional rate This means that, despite the tax-free allowance, the army of small business owners and personal service company consultants who use dividend payments to supplement their income risk being significantly worse off. Given the way that dividends will now be taxed, we’re expecting small business owners with surplus cash held within their businesses to look for more tax-efficient ways to extract profits. For some individuals, VCTs are proving a useful option. Those clients who are already invested in VCTs can feel reassured that the new rules only apply to new investments. Existing investments will not be affected by the changes, and there’s no requirement to sell any holdings that exceed the new limits. What will change over time is the composition of VCT portfolios in the future, as new investments made by a VCT will typically be into younger, earlier-stage companies. As always, there are certain exceptions and extensions to ensure that the VCT industry continues to operate as intended. One thought-provoking extension of the legislation is the introduction of the concept of a ‘knowledge-intensive’ company. Such companies can benefit from more generous VCT funding (£20 million rather than £12 million) if they are considered to have a high proportion of highly skilled employees or meet specific ‘innovation’ criteria. So those VCT managers with considerable experience in ‘knowledgeintensive’ early-stage companies could have a significant edge over other VCT managers. Since the new legislation was announced, a number of VCT providers have opted to either reduce the size of their fundraising efforts or not to fundraise at all. If they believe that their investment strategies will be significantly impacted by the new legislation, then this makes perfect sense. Of course, not all VCTs are created equal. While for some VCTs this will alter the composition of the portfolio, it isn’t necessarily a given for all. As always, it pays to do the research and determine which VCTs are most likely to benefit from the rule changes and which VCTs might not do so well. What about VCT rule changes? Venture Capital Trusts have experienced their own regulatory changes in recent months, although it’s fair to say that adjustments to VCT rules are much more ‘baked in’ to the overall legislation. There have always been rules aimed at ensuring VCT money is directed into the high-potential, smaller companies that are most in need of finance. These rules are recalibrated fairly regularly to ensure that funding is directed to the most useful areas – and rightly so. But it’s important to note that unlike the recent pension changes, the new rules impacting VCTs do not affect the VCT wrapper itself. The tax relief and structure for investors remains exactly the same. The Finance Act 2016, which received Royal Assent in November 2015, introduced new rules in four specific areas: 1. A lifetime cap of £12 million on the amount of funding that a company can receive from VCTs and Enterprise Investment Scheme (EIS) sources 2. An age limit of seven years during which the first VCT or EIS investment must be made 3. A restriction on VCT money being used simply to transfer ownership of a company or trade – VCT money must explicitly be used to fund growth and development 4. Tighter restrictions on what VCTs can do with their money while waiting to make qualifying investments octopusinvestments.com I 0800 316 2067 Tails.com, a dog food delivery company with VCT funding. Summary Four ways to get ahead of the VCT tax year-end rush Venture capital trusts look set to benefit from their new role as a more mainstream part of a retirement planning portfolio. This is particularly true for investors that have reached, or are coming close to, the limits of a traditional pension investment, or are considering another tax-efficient investment approach. The upsurge in demand for VCTs is confirmed by the fund inflows. According to the Association of Investment Companies (AIC), VCTs raised £458 million for the 2015/16 tax year, making it the biggest fundraising year in a decade. 1. Swot up on VCTs by attending VCT training events, seminars or webinars. The AIC offers a range of tools to learn more about VCTs and investment trusts. Alternatively, at Octopus, you can visit the adviser section of our website for VCT-related material, including a range of client planning scenarios. 2. Talk to your clients early – given that VCT fundraising could be limited this year, and that many providers offer early-bird discounts for early applications, it is worth talking to your clients about the benefits (and risks) of VCTs right away, thereby getting ahead of the curve. From a supply/demand perspective, the reduced number of VCTs open for investment coupled with the increased demand for VCTs means that both advisers and investors should be warned that their favourite VCTs could fill up fast. In years gone by, tax-efficient investment was something to think about mostly in the few months before tax year end. This is no longer true. There’s a strong case to invest in VCTs at any time of the year, while stocks last. If the experience of 2016 is to teach us anything, it is that if you spot an opportunity early, take it – just like Leicester City did. 3. Take advantage of discounts – as well as the early bird discounts mentioned above, VCT managers often offer loyalty discounts for existing clients. When combined these can be quite attractive. Stuart Lewis Business Line Manager for VCTs at Octopus Investments 4. Don’t leave it to the last minute – be aware that supply may well be low from January to April. Act now to get the pick of the best VCTs this season. Investors put £458 million into VCTs in 2015/16 tax year, the largest amount for a decade.1 Eve is an innovative mattress company with VCT funding. 1 Association of Investment Companies, May 2016 Get in touch To discuss any of the content of this Octopus Insight further, or to learn more about our range of VCTs, please contact our Business Development Managers on 0800 316 2067 or email [email protected]. For professional advisers only. Not to be relied upon by retail investors. The value of an investment, and any income from it, can fall or rise. Investors may not get back the full amount they invest. Tax treatment depends on individual circumstances and may change in the future. Tax reliefs depend on the portfolio companies maintaining their qualifying status. The shares of the smaller companies we invest in could fall or rise in value more than shares listed on the main market of the London Stock Exchange. They may also be harder to sell. Personal opinions may change and should not be seen as advice or a recommendation. We do not offer investment or tax advice. We recommend investors seek professional advice before deciding to invest. Issued by Octopus Investments Limited, which is authorised and regulated by the Financial Conduct Authority. Registered office: 33 Holborn, London, EC1N 2HT. Registered in England and Wales No. 03942880. We may record telephone calls to help improve our customer service. Issued: September 2016. CAM04029-1607 octopusinvestments.com I 0800 316 2067
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