Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Farming format

31 January 2007
Issue: 4093 / Categories: Forum & Feedback

The partners in a farming firm have carried through the procedure which has given that firm limited liability (still as a partnership); observing that they have 'converted' the business to a new form. Apparently this was done without professional advice, but the correct procedure was followed to set up the new entity. I am doubtful as to whether the income, taxation and capital gains can be dealt with other than on the basis of cessation of the old business with a commencement of the new, which is to be taxed as a partnership.

The partners in a farming firm have carried through the procedure which has given that firm limited liability (still as a partnership); observing that they have 'converted' the business to a new form. Apparently this was done without professional advice but the correct procedure was followed to set up the new entity. I am doubtful as to whether the income taxation and capital gains can be dealt with other than on the basis of cessation of the old business with a commencement of the new which is to be taxed as a partnership. Likewise I have not identified any specific legislation for VAT or stamp duty. It appears that HMRC do not offer any guidance directly relevant to such a change but possibly some readers have had this issue to consider and might comment.
Any general advice on the implications and potential pitfalls (if any)...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon