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Practice guide: Minimising capital taxes on company sales

Andrew Lines looks at capital taxes from the shareholders' perspective when selling a company

When advising clients of their personal tax consequences on the sale of a company of all the taxes that spring to mind CGT should be first and to a lesser extent IHT.
 
This article will concentrate on minimising CGT and will also consider IHT planning in the context of a forthcoming sale of trading company shares.

Optimising entrepreneurs’ relief
 
The most important CGT relief is entrepreneurs’ relief (ER) having been raised to £5 million in the Emergency Budget in June of this year whilst the main CGT rate was increased to 28%. At first blush where shareholders of a trading company are concerned ER is available provided that:
  • the shareholder owns 5% of the ordinary share capital and voting rights;
  • the shareholder is employed or holds...

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