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Extraction of funds from non-UK company: capital or income?

Jackie Wheaton (Moore Stephens) answers a query on whether funds extracted from a BVI company would be income or capital for UK tax purposes.

Question

 
My client is a life tenant of a trust. The trustees hold 100% of the shares of a BVI company which has recently sold a major part of its business and now wishes to repurchase its own shares. The question has arisen as to whether the funds extracted would be income or capital for UK tax purposes.
 

Answer

 
From a corporate tax perspective the position is now governed entirely by legislation.
 
As a result of changes made in the F(No. 3)A 2010 a company in receipt...

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