New queries, issue 4300

12 April 2011

Issue: 4300 / Categories: Forum & Feedback

Entrepreneurs’ relief on disposal of surgical practice; late PAYE returns; tax on undistributed inheritance; incorporating a partnership

Surgical procedure

We act for a consultant obstetrician and gynaecologist who is approaching his retirement age at 70 in three years’ time. The practice deals with surgical procedures i.e. obstetrics and gynaecology together with non-surgical consultancy.

He considers the two aspects of the practice to be quite separate. He has an opportunity to dispose of the obstetrics and surgical gynecology element for a capital sum in three months which coincides with the renewal of his MDU insurance and he would then continue to practise with the non-surgical part of the business for another three years until he reaches his retirement age.

All of the consultancy and surgical procedures are carried out within the same hospital unit. Do readers consider that the client would be eligible for entrepreneurs’ relief in respect of the capital gain on the disposal of the obstetric and...

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