

Introduction:
This is the most sensitive area of tax planning
and one which causes us to clarify certain
points before anyone reads any further.
We are not marketing a 'tax scheme' - but
simply offering clients access to an investment
(through an FSA qualified IFA). The investment
has a high chance of success in that it
could earn profits out of which taxes can
be paid in full. The reason we mention them
under 'income tax planning' is that these
investments do fail from time to time, and
should they 'fail' the client can claim
an income tax benefit, which helps to soften
the blow of making an investment that does
not succeed.
We should point out that 'Section 16A Taxation
of Capital Gains Act 1992' specifically
states that no loss claims would be allowed
if the main purpose of the investment were
to seek a tax advantage.
So, before reading further - this investment
has been sourced as we feel it has a good
chance of success, such that profits after
tax would be large enough to allow an individual
to pay their personal income tax (either
in part or in full).
HOW DOES IT WORK?
A UK tax payer subscribes for shares in
a special Bio Medical company. They subscribe
for a minimum value of £250,000. We can
help provide them with funds, such that
they only pay 15.9% as pesonal cash (Min
= 15.9% x £250,000 or £39,750).
The Bio Medical company then carries out
a specific series of drugs trials, which
will either "pass" or "fail".
If they "pass" the company will sell the
associated intellectual property and the
investor makes a considerable profit (after
repaying the finance). The profit would
be expected to exceed the sum of the investment,
plus the original tax liability. The profit
will be deemed to be a capital gain on the
shares, so taxed at 18% - but even accounting
for this, the 'net' proceeds represent a
very significant return. This is the hoped
for final outcome.
If however the trials "fail" - the intellectual
property, and hence the shares, become worth
very little and a Section 131 claim can
be made against income or capital gains.
Having subscribed for £250,000 (min) worth
of shares at a cost of £39,750 the investor
can make a claim against their income tax
arising in the current or previous year.
The claim, at 50% tax rates would be £250,000
x 50% = £125,000. Having spent £39,750 in
the first place, this represents a profit
of £85,250 or a return of over 200% on money
deployed. Not as much as would be the case
for a successful trial, but still acceptable.
The provider of this planning has a well
established business, which itself uses
the Governments own provisions - which have
been set up to help attract funds into the
UK Bio Medical Research area (Basically
it allows profits to be taxed at 10% and
is given the green light to explore all
its options for attracting investment).
Added to this, the provider has taken the
trouble to reassure investors by pre-paying
for tax support up to the highest Court,
rather than just to first tier tribunal.
A measure that helps support the view that
this is a very robust structure.
But please remember - the intention of introducing
you to this investment is for it to succeed
and for profits to be made. The tax implications
of a failure are secondary and, with luck,
should not be an issue.
If you want to know more, simply Contact
Us Now.
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