All You Need To Know About Business Reorganisation

The tax implications of a business reorganisation are many and varied, and will be dictated by the specific circumstances.  Reorganisation includes reconstruction, merging, demerging or liquidation, and branch incorporation.

There are many reasons why you might undergo a reorganisation of your business: corporate simplification or rationalisation; preparation for the sale of whole or part of a group; post- acquisition transfer to meet the needs of the new ownership.

Whatever the commercial objective, the tax treatment of any transfer of business or assets should be considered from the early stages of the process, taking short, medium and long term consequences into account.

A business reorganisation may trigger a tax liability such as Stamp Duty Land Tax or Capital Gains Tax.  It could impact the availability of tax relief.

VAT will require consideration, as well as the taxable status of the assets, VAT group arrangements, and the possibility of going concern treatment.  Employee pensions schemes may also be affected.

It could also include the practical application of loan stock, and the wider context of anti-avoidance provisions such as the Disclosure of Tax Avoidance Scheme rules and the General Anti-Abuse Rule regime.

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The Financial Conduct Authority does not regulate taxation advice.