This form of tax relief enables companies to transfer specific kinds of assets to shareholders without a corporation tax charge being levied on the assets’ disposal. Usually, a transfer of assets from a company to its shareholders is treated as occurring at market value for the purposes of tax. This means that the company may have to pay corporation tax even if the asset’s market value is below its original price. Claiming disincorporation relief enables qualifying assets to be transferred below their market value ensuring that there is no charge for corporation tax for the company.
QUALIFYING TRANSFER AND ELAGIBILITY
A qualifying transfer must meet the following conditions:
Companies and their shareholders are able to claim for disincorporation relief if the company is transferring its business to all or some of the shareholders and it is a qualifying transfer. However shareholders may still need to pay capital gains tax or income tax on that transfer of assets and capital gains tax may be payable if the assets are disposed of at a later date.
The claim for disincorporation relief has to be jointly claimed by the shareholders and company within two years of the date of transfer. It is best to use the services of a qualified firm of accountants to make your claim for disincorporation relief as this is the best way to ensure eligibility and to ensure that all forms are correctly completed. The Accountancy Solutions can handle this element of taxation for you to enable you to have peace of mind.