Q&A: incorporation relief tax break

In this week’s Q&A, Croner-i tax consultant David Woolley explains tax efficient use of incorporation relief when converting to incorporated status and risk of capital gains tax

 

My client wants to incorporate their existing sole trade and so I am considering tax efficient ways of achieving this, including incorporation relief. The trade has various debts including bank loans and I would be grateful for clarification as to how these interact with the incorporation relief

As you mention, there are various ways to incorporate a trade, a gift, a sale for consideration or a sale for shares.

Ideally, there should be a formal deed of gift or contract for sale and so legal advice will be required. It may be possible to rely on a de-facto transfer, but this will be dependent on the actual facts involved.

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