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Where Taxpayers and Advisers Meet

Selling a business

Ensign
Posts:1
Joined:Wed Aug 06, 2008 3:04 pm

Postby Ensign » Wed Aug 13, 2003 10:31 am

I am hoping to sell a business for around £400k and wanted to see if anyone had any suggestions on the best way to take the money from the purchasers in order to minimise tax. The company is 100% owned by myself and my wife. Any ideas welcome

Nigel Lord
Posts:518
Joined:Wed Aug 06, 2008 2:18 pm

Postby Nigel Lord » Wed Aug 13, 2003 11:48 pm

Ensign

In your circumstances the most advantageous route would probably be to sell the shares. If this is not possible, you may need to undertake some form of reconstruction (a hive down or members liquidation) to achive an optimum result. Otherwise there is a danger of a double tax charge (corporation tax and capital gains or income tax).

Assuming that you sell the shares and you have been engaged in a qualifying trade for at least 2 years, you and you wife will be entitled to business asset taper relief exempting 75% of the gain. Therefore your effective rate of CGT cannot exceed 10% = £40,000.

You will also be able to deduct the cost of your shares (plus indexation if acquired prior to 5 April 1998) and the costs of sale. Finally, you and your wife will be entitled to use unused anual CGT exemptions (£7,900) each.

There are a number of sophisticated planning strategies available (use of trusts, deferral of tax by reinvestment, separate sale of company assets, pension planning, maximising the use of lower and basic rate bands, emigration - temporary or permanent, etc.). If you require detailed advice you should seek a professional consultation.

My firm specialises in this area of taxation. If you would like us to assist you further we would be delighted to do so.

Nigel Lord
Lord Associates
Taxation & Business Consultants
Caxton House
Old Station Road
Loughton
Essex, IG10 4PE
020 8418 9101 & 07769 931852
mail@lordassociates.co.uk


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