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A problem of trust

09 June 2005 / John Barnett
Issue: 4011 / Categories: Comment & Analysis , Companies , Investments

Problem solved, as explained by JOHN BARNETT with regard to a share buy-back difficulty.

AS THE PAGES of Taxation magazine have testified over the years, the taxation of companies repurchasing their own shares — while deceptively straightforward — is often fraught with difficulties. Most such problems seem to be caused by an incomplete understanding of the company law issues involved in a share repurchase and the effect that these can have on the tax treatment.

Problem solved as explained by JOHN BARNETT with regard to a share buy-back difficulty.

AS THE PAGES of Taxation magazine have testified over the years the taxation of companies repurchasing their own shares — while deceptively straightforward — is often fraught with difficulties. Most such problems seem to be caused by an incomplete understanding of the company law issues involved in a share repurchase and the effect that these can have on the tax treatment.

However company law is not solely to blame. Whilst it has clearly escaped the attention of most practitioners and commentators deep within the workings of TA 1988 and TCGA 1992 themselves there has been lurking a potentially serious flaw. That flaw concerns tax on a company that repurchases its own shares from trustees. The potential ramifications of this anomaly were that a trust could suffer a double tax 'hit' on a...

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