Mark McLaughlin looks at a key requirement for capital gains treatment on a company purchase of own shares from a shareholder.
A company purchase of own shares (CPOS) can be a useful ‘exit’ strategy for shareholders of owner-managed or family companies in the right circumstances. However, a valid CPOS must comply with company law requirements (which are not considered here).
Income or capital gain?
When an unquoted trading company (or unquoted holding company of a trading group) buys back its own shares