Entrepreneurs’ relief and share buybacks: multiple completions

Entrepreneurs’ relief (ER) should be fully available for properly structured multiple completion share buybacks, but until HMRC issues definitive guidance, advisers should look at alternatives, says Peter Rayney FCA, CTA (Fellow), TEP

Company share buybacks often play an important role in succession planning for owner-managed businesses. Typically, the owner manager will sell all his shares back to the company under a purchase of own shares (POS) transaction. These shares are normally cancelled leaving the next generation or the senior management team in place as the new owners of the company.

Financing a significant POS is not always easy. Company law demands that the purchase price for the shares bought back by the company is paid immediately (s691(2) Companies Act 2006 (CA 2006)), although there is a limited exception to this rule where shares are purchased for the purposes of an employee share scheme.

Your free features:

  • Breaking news and expert analysis
  • Customisable daily newsletters
  • Six free CPD learning modules each year
  • Personalised CPD tracker
  • Top 75 Firms league tables
  • Regulatory changes
  • Hardman’s Tax Data

Sign up to Business & Accountancy Daily

Related Articles
Subscribe