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Splitting assets in a company: Will this trigger any tax charges?

Question:

I have a limited company that owns two properties in Wolverhampton. The directors have agreed that one director has one property and the other director has the other one.  

How is this best achieved with minimum tax to pay? 

Arthur replies: 

Extracting a property from the company could trigger capital gains for the company, and income tax and stamp duty land tax for the recipient. There is a statutory demerger relief for splitting up a company (CTA 2010, s 1073 onwards), but it only works for a trading company. So, I would suggest that you look into the non-statutory demerger (using Insolvency Act 1986, s 110). You would need specialist tax advice for this.  

I have a limited company that owns two properties in Wolverhampton. The directors have agreed that one director has one property and the other director has the other one.  

How is this best achieved with minimum tax to pay?

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This question was first printed in Business Tax Insider in June 2024.