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Where Taxpayers and Advisers Meet

Can an LLP buy the losses of a Limited company

tax-bill
Posts:88
Joined:Mon Sep 14, 2009 12:22 pm
Can an LLP buy the losses of a Limited company

Postby tax-bill » Mon Jul 31, 2017 1:09 pm

An LLP receiving its income from Rental houses can sell its entire property assets to a housing association.
The LLP would then cease trading.
Prior to ceasing trading could the LLP buy a Ltd Company which has losses and set these losses against the LLP profit from the sale of its assets.
If the Ltd Company losses were in excess of the LLP profit would that result in zero tax from the transaction for the partners.
Would be of great interest if someone has come across this type of transaction.

Tax-Bill

SteLacca
Posts:448
Joined:Fri Aug 07, 2015 2:17 pm

Re: Can an LLP buy the losses of a Limited company

Postby SteLacca » Mon Jul 31, 2017 3:48 pm

Sounds like it would be caught by the General Anti Abuse Rule (GAAR) to me, not having a commercial purpose to the transaction and being undertaken purely to gain a tax advantage.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Can an LLP buy the losses of a Limited company

Postby bd6759 » Mon Jul 31, 2017 7:45 pm

No need for GAAR. You cannot buy losses. How would the LLP buy a company and use its CT losses?


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