Holding Companies are currently the umbrella that many family business need to get taxable savings and reorganize their structure and business areas. If it is fiscally expensive for you to transfer funds from some of your companies to others, and you can recognize yourself in the following questions, probably you will be one of the many entrepreneurs in need:
Do you want to reinvest the profits of one of your companies in anoother company, owned by you but with losses, and the high taxes are curbing you? Are the shareholders preventing workers from making strategic decisions? Do you want to retire, but the sale of your company will imply a high tax-cost for you?
In these and many other cases, a possible solution can be the setting-up of a holding company. In Leialta we advise family business so they can take advantage (from the tax, corporate and real-estate point of view) of holding companies without risk.
Setting-up Holding Companies to improve business management
From LEIALTA we help family businesses to establish holding companies.
Being under holding companies allows a series of very attractive fiscal savings to companies.
Holding companies comprise a set of corporate, fiscal and asset advantages.
At Leialta, we identify through a precise analysis if your company needs a Holding Company.
This is how we perform a corporate and real-estate reorganization
In LEIALTA we assist family business to set up holding companies which will act as parent companies of the corporate groups, assuming the task of planning and perform the corporate and real-estate reorganization of your company by the setting-up of this profitable corporate structure.
The many benefits associated to the setting-up of holding companies are very varied, making it possible to improve the company management and lead it in a more professional way. These are the main ones:
✓ Flexible decision-making.The profitable company stops being blocked by family conflicts. From then on, the societies that depend on it will be totally owned by the holding company, where the management board will be in charge of making the decisions by majority vote.
✓ More beneficial taxation. Being under the protection of holding companies implies a series of attractive tax savings for the companies.
Holding companies: all their advantages
Holding companies are able to provide a wide array of corporate, tax and real-estate advantages listed below:
- Corporate advantages:
- Family conflict resolution. It will be less possible for the second and third generations to get to irreversible deadlocks.
- Easier decision making. Managing and non-managing partners will no more own the operating companies directly. The property will be cashed (with no tax cost) and the holding company will become the sole owner.
- Decision making by majority vote. The decisions of the management board will be made by majority vote (50,01%), a “firewall” that makes more flexible the making of strategic decisions: merging with a competitor, sale of business, etc.
- Management professionalization. The corporate property will be represented in a qualified manner, from the professional point of view.
- Tax and real-estate advantages of Holding companies:
- No tax toll for… Distribution of dividends with no tax toll; distribution of the surplus cash of the depending company (owned by the Holding Company) with no tax cost; cash flow among the companies exempt from taxation.
- Diversification and self-funding availability. It makes possible to diversify the investment in more activities or to finance the investee ones.
- Future sale of the investee companies exempt from taxation. The capital gains are exempt from taxation inside the holding company.
In Leialta, after a precise analysis we will decide if your company needs a Holding Company, should there be a current or future corporate group. Or services include:
- Preparation of a legal and tax draft.
- Preparation of exempt taxes in the corresponding Community.
- Management of the procedures concerning the Notary, the Commercial Register and the Land Registration until the final inscription.
- Development and delivery of a memorandum of operation.
Some of the performed procedures are the following
Algunos de los trámites que realizamos son los siguientes:
✓Commercial project development and communication of the special tax regime.
✓ Drafting of the holding company’s social statutes.
✓ Creation of a company protocol inside the Holding Company which will guarantee the business continuity.