Families seeking to protect and pass on wealth typically consider two key planning vehicles: Family Investment Companies (FICs) and Trusts. While both can safeguard assets, manage succession and create tax-efficient frameworks, they operate very differently. Understanding these differences is essential before deciding which structure best supports your long-term objectives.
What is a Family Investment Company?
A Family Investment Company is a private company—usually limited by shares—established to hold and manage family assets such as cash, investments or property. Different classes of shares can be created to separate voting control from economic benefit, allowing founders to retain decision-making authority while directing growth to younger generations.
FICs are often favoured by families who want a corporate governance structure, flexibility over how profits are retained or distributed, and the ability to pass on wealth gradually without immediately giving up control.
What is a Trust?
A Trust is a long-established legal arrangement in which assets are transferred to trustees, who must manage them for one or more beneficiaries. Trusts range from discretionary trusts to interest-in-possession structures, each with different tax treatments and rules around inheritance, distributions and control.
Trusts are well suited to families prioritising asset protection, multi-generational planning, or situations where independent oversight is desirable.
Key Differences Between FICs and Trusts
- Control and Decision-Making
- FIC: Founders typically retain control through voting shares and roles as directors. Commercial-style decision-making under company law makes FICs appealing to entrepreneurs and business-minded families.
- Trust: Trustees make decisions based on their fiduciary responsibilities. Settlors generally cannot retain direct control once the trust is created.
- Tax Treatment
- FIC: Profits are taxed at corporation tax rates, which can be advantageous for investment growth. Personal tax only applies when profits are extracted.
- Trust: Many trusts face higher income tax rates, limitations on capital gains exemptions and potential inheritance tax charges on entry, exit and at ten-year intervals.
- Privacy and Administration
- FIC: Must file company accounts, though the level of disclosure varies depending on structure.
- Trust: Trusts must be registered with HMRC, but the trust deed and internal arrangements generally remain private.
- Flexibility and Long-Term Purpose
- FIC: Highly flexible in share design and governance but less suited to providing for unborn beneficiaries.
- Trust: Strong for multi-generational succession, allowing assets to be managed for beneficiaries not yet born.
- Costs and Complexity
- FIC: Typically higher initial setup costs and ongoing compliance requirements.
- Trust: Often cheaper to establish, but long-term tax reporting and trustee fees can build over time.
When a Family Investment Company Works Best
A FIC is usually the stronger option when:
- You want to retain control while passing on economic value.
- The family is managing a substantial asset base where corporation tax treatment offers efficiency.
- Flexibility around dividends, loans and capital extraction is important.
When a Trust Works Best
A trust is generally preferable when:
- Asset protection and separation from the settlor’s estate are top priorities.
- You want to provide for multiple generations, including those not yet born.
- Independent, fiduciary management is desired to avoid family conflict or maintain impartiality.
Which Is Better?
Neither structure is universally “better”—the right choice depends entirely on your family’s goals, attitude to control, tax position and long-term succession plans.
Many families benefit from combining both structures, for example by placing shares in a FIC inside a trust. This can offer the corporate governance of a company alongside the protective and multi-generational advantages of a trust.
Because decisions in this area have significant tax and legal consequences, professional advice is essential. Families considering a FIC, a trust or a combination of both should seek specialist guidance from advisers such as CMA Accountancy, who can assess personal circumstances and recommend the most suitable structure.
