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Construction Industry Considers Employee-Ownership Trusts Amid Tax Changes

WHAT'S THE STORY?

What's Happening?

Employee-ownership trusts (EOTs) are gaining attention in the construction industry as a strategic exit option for contractors. This interest is driven by recent changes in the UK's capital gains tax (CGT) rates, which increased from 20% to 24% in October 2024, with further increases planned. EOTs offer tax advantages, including 100% CGT relief for selling shareholders and tax-free bonuses for employees. These trusts require selling at least 51% of the company to a trust for employee benefit, promoting loyalty and continuity. However, EOTs come with risks, such as potential financial strain from repayment models and challenges in leadership succession.
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Why It's Important?

The adoption of EOTs in the construction sector could significantly impact business operations and employee relations. By providing tax benefits and fostering a sense of shared success, EOTs may help address labor shortages and improve talent retention. This is crucial in an industry facing recruitment challenges, as reported by the 2024 Engineering Construction Industry Training Board Workforce Census. For business owners, EOTs offer a controlled succession process, preserving legacy and values. However, the financial and leadership risks associated with EOTs require careful planning to ensure long-term stability and success.

What's Next?

Construction firms considering EOTs must conduct thorough reviews, including financial forecasts and leadership plans, to mitigate risks. The October 2024 Budget introduced new rules to prevent misuse of EOTs, such as stricter controls on former owners' influence and ensuring market value share prices. Firms need to establish governance structures that empower trustees to act independently and in the trust's best interests. As the economic climate remains uncertain, early planning and robust strategies are essential for firms to leverage EOTs effectively.

Beyond the Headlines

The shift towards EOTs in the construction industry reflects broader trends in employee engagement and business continuity. By aligning business goals with employee interests, EOTs can enhance workplace culture and operational efficiency. However, the success of EOTs depends on balancing financial obligations with strategic planning, highlighting the importance of adaptive leadership and governance in navigating economic fluctuations.

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