Incorporating and Disincorporating a Business 2nd Edition

Incorporating and Disincorporating a Business, 2nd ed provides clear, detailed and practical guidance on the tax issues, planning points and pitfalls which may be encountered when incorporating a sole trader or partnership business, or when transferring a company's business to a sole trader or partnership.

This authoritative handbook considers the taxation implications when an existing business is transferred to or from a company, provides a thorough analysis of the advantages and disadvantages of such transactions and addresses related issues in company and commercial law, as well as in other areas.

This second edition covers:-

• Capital gains tax entrepreneurs' relief restrictions on disposals of goodwill to a related party upon incorporation, and the corporation tax intangible fixed assets restriction of claims for the amortisation of goodwill
• Other relevant changes introduced in Finance Act 2015 and Finance (No 2) Act 2015
• The new dividends tax regime for companies, which potentially affects corporate profit extraction following incorporation
• The incorporation of limited liability partnerships
• Relevant case law such as Roelich v HMRC (incorporation relief under TCGA 1992, s 162), Keyl v HMRC (capital allowances on incorporation) and Wildin v HMRC (goodwill valuation upon incorporation)

This edition includes chapters which have been consolidated, restructured and renamed, to make the book as a whole easier to follow and understand. The user-friendly structure features 'signposts' at the beginning of each chapter to provide a useful summary of the main points and 'focus points' which highlight important issues in each chapter.