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Share swaps

18 August 2009
Issue: 4219 / Categories: Forum & Feedback
Two co-director/shareholders wish to part company and separate their businesses, but they are concerned at the potential tax liabilities that may arise as a result

Our clients Mr A and Mr B each own 50% of four companies. They have decided to go their own ways and have agreed that Mr A will take one company and Mr B will take the remaining three.

In doing so they agree to sell to each other their respective 50% holdings at a nominal £1 each.

However as part of this deal a number of inter-company loans and debts will also be written off and a large part of a company overdraft will be paid off.

The net result is that the three companies being taken by Mr B will be better off to the tune of £250 000 relative to their pre-deal position.

How does one account for this and what are the tax implications? A couple of thoughts occur to us.

Although the net benefits arise in the companies it seems to...

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