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The goodwill game

31 March 2009 / Chris Hart
Issue: 4200 / Categories: Comment & Analysis , goodwill , Capital Gains , Land & property
CHRIS HART explains the current state of play concerning the valuation of goodwill for SDLT and capital gains tax purposes

KEY POINTS

  • Background to recent consultation on business valuation.
  • The underlying principles of the valuation process.
  • Case law and ‘just and reasonable’ apportionment.
  • Valuing the constituent parts of the business.
  • Opening the door to further debate with HMRC.

As will be generally known in the autumn of 2008 the Valuation Office Agency (VOA) entered into a consultation with the Royal Institution of Chartered Surveyors (RICS) over a draft practice note entitled Apportioning the Price Paid for a Business Transferred as a Going Concern.

This document related to the separation of tangible and intangible assets in what valuers refer to as trade-related properties.

As a brief reminder for those not personally involved in such valuations the most common issue is the separation of the goodwill and property elements on the acquisition or...

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