HOLDING FAMILIAR
A holding familiar é uma estrutura societária utilizada no contexto do planejamento sucessório e patrimonial.
BENEFITS
By understanding the goals of a Family Holding we understand its advantages. But to clarify further, we list the main benefits of this type of company: Reduction of the tax burden on personal income (IRPF); Avoid conflicts in succession planning; Return on capital in the form of untaxed profits and dividends; Safeguarding the patrimony, considering that inheritance succession problems are solved; Preservation of personal assets before creditors of a company in which the individual participates as a partner or shareholder; Protection of personal and business assets; More bargaining power in obtaining financial resources and dealing with third parties; and Centralization of family heritage, which facilitates collective management.
DRAWBACK
Family Holding also has some negative points: Excess Capitalization: The capital of the holding company and its subsidiaries may be pooled, which may result in excess capitalization. In this case, shareholders would not obtain a fair return on their invested capital. Fraud: There is a possibility of fraudulent account manipulation. Exploitation of subsidiaries: The holding company may exploit the subsidiary companies. Affiliates may be compelled to buy goods at high prices. They may be forced to sell their products to the holding company at very low prices. Handling: Subsidiary information may be used for personal gain. For example, information on the financial performance of subsidiary companies may be misused for speculation purposes. Concentration of economic power: concentration of economic power in the hands of those who manage the holding. Secret Monopoly: Secret monopolies can try to eliminate competitors and block new businesses from entering. In addition, consumers can be exploited by paying abusive prices on goods. Management: Since the holding company has a majority stake in several companies, management may have limited knowledge of the controlled company's industry, operations and investment decisions. These limitations may result in ineffective decisions.
Pure Family Holding is created to be the parent only. This means that its social objective will be that of asset management and society. The Joint Family Holding is also the parent, but additionally engages in other business activities. Among the main advantages of a Family Holding are: Financial Planning; Tax planning; Patrimonial shield; and succession planning. We will further clarify each item in the following topics. Financial Planning: Family Holding seeks to maintain harmony in family finances. This is because it brings what we call patrimonial armor (we will see this later). In addition, the Financial Planning of a Family Holding enters issues such as tax burden. As we will see, by paying less taxes this type of company can make more profits. And the more profit, the more money goes into each partner's pocket. When talking about Financial Planning we must not forget that a Family Holding needs to have a very well prepared Budget Planning. However, before you think about budget monitoring, you need to know how it works. Tax Planning: There are two terms that deserve attention when we talk about Tax Planning: tax evasion and tax avoidance. Tax evasion refers to what businesses must get away with: illicit tax reduction. Tax avoidance is one of the objectives of tax planning, that is, the pursuit of tax burden reduction by legal means. Family holdings are constituted in the form of tax avoidance. In this case, the holding company's capital stock consists of the assets of individuals and equity interests.
The profits of the holding's net income are distributed among the partners according to the percentage of the shares defined in the articles of association. With respect to taxes, Family Holding has a reduced tax burden and, as a result, profit becomes higher. In addition, dividends distributed between shareholders are exempt from income tax. Taxation may be under Real, Presumed or Arbitrated Profit schemes. The holding company is subject to the levy of PIS / PASEP and COFINS contributions on all income earned. For the purpose of calculating the PIS / PASEP and COFINS calculation basis, the positive results of equity interest may be excluded from gross revenue. If the holding company is pure (we have already explained this term), there will be no calculation basis for PIS / PASEP and COFINS. Taxation of rental income is another advantage of Family Holding. To understand: In individuals, income is taxed at a rate of 27.5%; In the holding company opting for the presumed profit calculation system, the total tax burden (IR + CSL + PIS / COFINS) will be approximately 11.33% or at most 14.53%, if there is an additional income tax. As you may suppose, Family Holding facilitates the succession of assets. For this to happen, the rules of succession must be very well established in the holding company's bylaws. We also highlight that in this type of holding the parents can entrust all personal assets to society. Another feature is that quotas or shares can be donated in favor of successors (children) with a usufruct reserve. This will eliminate potential stress situations in the future as it will eliminate the need for inventory or sharing (thereby resolving the issue of family succession). Thus, we have that Holding Family brings with it the strong idea of maintaining the survival of the heritage.
REASONS
As we have seen, one of the main objectives for setting up a Family Holding Company is in the tax and / or corporate spheres. Regarding tax aspects, we can mention: Reduction of the tax burden; Succession planning; Return of capital in the form of untaxed profits and dividends. In relation to the benefits of corporate aspects are issues such as: Group growth; Planning and control; Administration of all investments; Increased sales and management of internal corporate interests.
HOW TO SET UP A FAMILY HOLDING
To create a Family Holding you must first choose the partners and the corporate type: S / A or LTDA. In the case of Autonomous Societies (S / As) the process is more expensive but has an advantage in succession planning: dividing the equity through the distribution of common (voting) and preferred (non-voting) shares. LTDA companies are simpler and the social contract is more liberal. To better understand, in an S / A the partner can only leave the company if they sell their shares. Already in a Ltda. This same partner can leave whenever he wants and will receive the amount that had been paid into the company by him.
PLANEJAMENTO SUCESSÓRIO
O planejamento sucessório é uma estratégia jurídica e financeira que visa organizar a transferência de patrimônio, bens e direitos de uma pessoa para seus herdeiros ou beneficiários de forma eficiente, minimizando impactos fiscais, preservando o patrimônio e evitando conflitos familiares.