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Where Taxpayers and Advisers Meet

is this contrived

Feedback
Posts:351
Joined:Thu Feb 23, 2012 10:26 am
is this contrived

Postby Feedback » Wed Nov 27, 2013 2:46 pm

company A is owned by two individuals and the profits are now exceeding £300k. if one individual took total ownership of company A and the other set up company B and thus each company had profits below £300k, would this be deemed to be an artificial separation for CT purposes?

AvocadoK
Posts:1232
Joined:Wed Aug 06, 2008 3:46 pm
Location:Lancashire

Re: is this contrived

Postby AvocadoK » Wed Nov 27, 2013 9:32 pm

Depends on how you separate the two halves. If you had two shops and transferred one shop to Company B and left the other in Company A, it might work. But if you had one shop and said company A ran it Monday to Thursday and company B ran it Friday to Saturday, that would look artificial.
You also have to consider the tax charges on transferring a business and goodwill from one company to another.

Feedback
Posts:351
Joined:Thu Feb 23, 2012 10:26 am

Re: is this contrived

Postby Feedback » Wed Nov 27, 2013 10:06 pm

its professional services so company A can invoice the client and company B can invoice company A for work done on each project. that is my thought process. its probably treading the line very closely.

LozaACCS
Posts:1504
Joined:Wed Aug 06, 2008 3:55 pm

Re: is this contrived

Postby LozaACCS » Wed Nov 27, 2013 11:04 pm

Have you considered that the person disposing of his shares may have a chargeable gain

AvocadoK
Posts:1232
Joined:Wed Aug 06, 2008 3:46 pm
Location:Lancashire

Re: is this contrived

Postby AvocadoK » Wed Nov 27, 2013 11:28 pm

I think where you would start to get contrived is when you 'fix' the results so that the profit end up evenly split between the two companies.
Also, would each shareholder be well advised to have shares in his respective company alone? Bit of a mess if they fell out!


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