Author: Mei Zhang, DaHui Lawyers
High-net-worth individuals lead complex lives. Their family members, businesses, assets, employees, and plans may span the globe. And in this world, tectonic shifts in geopolitics and global policies are occurring alongside an ongoing expansion in the size and scope of wealth, especially wealth related to China and the Chinese diaspora. Active and informed management of private wealth is the key to securing finances for the future of you and your family.
Effectively managing private wealth involves myriad components, but not least among them are tax and estate planning as well as investment and risk management. In this article, DaHui’s private wealth and tax teams briefly discuss these components.
1. Tax Planning: Structuring to Maximize Tax Benefits and Minimize Tax Liabilities
Proper tax planning is essential for managing and preserving wealth. This is especially true for high-net-worth individuals, who often face complex tax challenges and higher tax rates. Mismanagement can significantly erode wealth and lead to legal complications.
Tax planning involves the development and assessment of options for minimizing tax liability in from business and personal transactions. This planning should be broad, covering as many transactions and potential transactions as possible in the current and future tax years. At a high level, options that can help minimize tax liability and preserve more income for financial goals include the following:
a) Maximizing Tax Benefits: Taking full advantage of allowances, deductions, exemptions, and relief to optimize overall tax positions.
b) Income Splitting: Legally shifting money to family members in lower tax brackets.
c) Tax Positioning: Legally arranging finances and investments to obtain the lowest possible tax positions while adhering to current tax laws.
d) Record-Keeping: Maintaining accurate and thorough records to support claims and ensure compliance, helping to avoid any penalties.
e) Active Planning: Regularly reviewing finances and strategically planning financial activities to identify potential tax-saving opportunities.
Efficient tax planning and thus wealth management require an in-depth understanding of tax laws, detailed yet extensive strategizing, and methodical utilization of tax options and tools.
2. Estate Planning: Efficiently Transferring Wealth to Future Generations
Establishing a comprehensive estate plan and initiating measures well in advance not only complements tax planning but also affords time for adjustments and avoids last-minute decisions that may not align with family goals for managing wealth.
Several methods can help protect family assets and distribute wealth efficiently, such as trusts, family offices, and family-owned investment platforms. High-net-worth families may need to consider the following from legal, financial, and tax perspectives to better configure their estates:
a) Comprehensive Protection: Arranging for protection if family members become unable to handle their own affairs.
b) Special Planning: Planning for treatment of special assets (e.g., equity, real estate, and artwork).
c) Tax Optimization: Ensuring beneficiaries receive assets in a way that minimizes tax liabilities in the relevant jurisdictions, such as estate tax, gift tax, and income tax.
d) Legal Documentation: Preparing proper legal documents for estate planning during each family member’s lifetime.
e) Family Enterprise Management: Consider the management transition of family enterprises, with a special focus on voting rights.
Estate planning is one of the most thoughtful and considerate actions you can take for your family and legacy. A properly prepared and implemented plan can give you and your family peace of mind for generations.
3. Investment Management: Growing while Protecting Wealth
The trend of cross-border investment continues to grow, with activities related to China in particular expanding in every way. Without careful planning, entering new markets can expose investors to increased tax liability and risks, with ramifications across your wealth around the globe.
Growing family wealth over generations requires more than just making good investment decisions. It involves a commitment to family aspirations, recurring investment in family talent, understanding family enterprise cycles, and skillfully designing a flexible yet robust wealth portfolio that generates lasting value.
Overall, a well-diversified investment portfolio can help achieve your long-term financial goals. It is essential for investors to carefully evaluate their investment options, and if necessary, involve professionals whose expertise, strategies, and fee structures align with your risk tolerance and financial goals.
4. Risk Management: Identifying and Mitigating Potential Financial Risks to Safeguard Assets
Both individuals and enterprises must always manage risks. This involves identifying, assessing, and controlling threats to assets, which can come from various sources, including financial markets, legal liabilities, accidents, natural disasters, tax authorities, and even risks from within the family.
Risk management goes far beyond financial implications. For example, when business leaders take the time to brainstorm and identify potential risks to their companies, they avoid situations that involve significant time, stress, damage from harmful PR, and resources – and often great costs. Families can take the same steps. By moving proactively, you can not only safeguard your assets and the stability of your business, but also maximize long-term success.
While policies and infrastructure may be available to help manage risks, high-net-worth individuals and companies can benefit from advice and assistance to identify and deal with both current and future risks. Long-term survival and success of private wealth management requires recognizing risks and the need for professional measures to manage them.
For more information, please visit DaHui’s private wealth practice page: https://www.dahuilawyers.com/en/client-services/private-wealth/
