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Time to Disincorporate

Time to Disincorporate?

There are many factors to consider when deciding whether to run a business as a sole trader or via a limited company, but tax has always been a key one. Although there are some tax advantages of being unincorporated (e.g., the ability to carry back losses arising in the first four fiscal years of trade

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Reaching Agreement with HMRC

Reaching Agreement with HMRC

Businesses often have areas of uncertainty and write to HMRC to clarify the position; mostly, HMRC just refers the business to their published guidance. This policy is mostly unhelpful to businesses as they will have already read HMRC guidance but are still uncertain as to how it applies to their particular circumstances. When a business

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BADR The Long Goodbye

BADR: The Long Goodbye?

In the Autumn Budget on 30 October 2024, Rachel Reeves made some significant changes to capital gains tax (CGT). The main purpose of this article is to explain some of the knock-on consequences that were not outlined in the speech, but I will also remind you of the headline changes. I will refer to business

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Phoenixism Would you Know it

Phoenixism: Would you Know it?

The ‘phoenixism’ anti-avoidance legislation in question at ITTOIA 2005, s 396B (‘Distributions in a winding-up’) is a curious animal in various ways. It complements changes to the transactions in securities (TiS) rules in ITA 2007, which now specifically identify a distribution in a winding-up as a TiS (at ITA 2007, s 684(2)(f)). A Trap for

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