PART 1Income Tax, Corporation Tax and Capital Gains Tax
CHAPTER 5Other provisions
Disincorporation
59Qualifying business transfer
1
The transfer of a business from a company to some or all of the shareholders of the company is a qualifying business transfer for the purposes of section 58 if conditions A to E are met.
2
Condition A is that the business is transferred as a going concern.
3
Condition B is that the business is transferred together with all of the assets of the business, or together with all of those assets other than cash.
4
Condition C is that the total market value of the qualifying assets of the business included in the transfer does not exceed £100,000.
5
Condition D is that all of the shareholders to whom the business is transferred are individuals.
6
Condition E is that each of those shareholders held shares in the company throughout the period of 12 months ending with the business transfer date.
7
For the purposes of condition D, the reference to individuals includes an individual acting as a member of a partnership, but does not include an individual acting as a member of a limited liability partnership.
8
Section 60 of TCGA 1992 (nominees and bare trustees) applies for the purposes of this section as it applies for the purposes of that Act.
9
In this section “market value”, in relation to an asset, means the price which the asset might reasonably be expected to fetch on a sale in the open market.
10
In this section a “qualifying asset” means—
a
goodwill, or
b
an interest in land which is not held as trading stock.