Family Business

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Our family business and high net worth practice advises individuals, family offices and family-owned businesses on a wide range of legal and tax issues.

In Andersen we have a group of experts dedicated to the Family Business Group where we have a long experience advising family businesses of different nature. This, together with a deep knowledge of their special problems and extensive experience in providing comprehensive advice to families in making decisions that affect both the business and the family and patrimonial sphere, allows us to offer advice tailored to the needs of our clients.

Services

  • Legal and tax planning:
    • Restructuring: to assess the suitability of the reorganization of assets / business, pursuing, among others, the following organizational, legal and tax advantages:
      • Minimize the tax cost of holding shares.
      • To channel the cash flows between the different companies of the Family Group in order to facilitate the financing of the needs of the different companies of the Group as well as of the new Projects.
      • Optimization of the taxation of the business group, both at the individual level and at the level of the Group Companies, paying special attention to the shareholder's remuneration policy, dividend policy, etc.
      • Differentiation between corporate and personal assets, in order to reduce the inherent tax risks on certain assets.
      • Limitation of the partner's equity liability.
      • Separation of business activities from personal/property activities.
      • Minimizing the tax burden on wealth tax and on future divestments.
    • Analysis of the shareholding structure and the assets and liabilities of the companies that make up the family business, in order to maximize the assets involved, and evaluation of possible legal and tax risks.
    • Structuring: Specialized legal advice on the design of the legal architecture of Venture Capital Company structures in order to obtain exemption from Wealth Tax.
  • Succession planning and generational handover:
    • Family and succession situation:
      • Analysis of the specific family structure, taking into account whether it is a single or successive marriages, offspring and possible modification of the will or granting of a will, if applicable.
      • Incidence of the family protocol in the testamentary disposition.
      • Inheritance agreements permitted by law.
      • Marital contracts and their possible modification or execution.
      • Powers of attorney, preventive mandates and other voluntary support measures.
      • Necessity or desirability of creating a protected estate.
    • Wealth Tax: Preserving compliance with the requirements to achieve exemption from Wealth Tax for the partners.
    • Inheritance and Gift Tax: Ensuring compliance with the requirements for the application of the reduction in the taxable base of the tax.
    • Planning the succession of the business activity of the family group, identifying the most optimal structure at tax level, in order to minimize the tax costs inherent to the process: Onerous transfer, Donation, Succession.
      • Minimize the fiscal costs inherent to this type of process in indirect taxation (TPO, VAT, Municipal Capital Gains, etc).
  • Financial policies in the governance of the family business:
    • Design and establishment of financial policies in the corporate and family governance bodies and in the content of the family protocol/partners' agreement.
    • Valuation of the family business.
    • Analysis in the financing of new investments and projects.
    • Strategy in relation to the possible entry of new investors.
    • Analysis of possible IPO processes as a divestment strategy and/or financing mechanism.
    • Analysis and strategy of possible disinvestment processes in certain projects with the purpose of reallocating resources to new projects.
    • The use of the Alternative Stock Market (MAB).
    • Review of the impact of the reform of the PGC on the family business.
  • Financial management of the Family Office:
    • Accompaniment in the design of the multi-year Business Plan of the family business.
    • Active management in the family office's Investment Committee.
    • Coordination with the different economic agents involved in the management of the family business' assets.

Publications

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