Company Reorganisations
Tax efficiency
Business owners may consider restructuring their business for several commercial reasons, such as facilitating a takeover, planning for succession, or reorganising a group to enhance efficiency and savings. Such a reorganisation can have significant tax implications, making timely tax planning essential.
Deciding whether to operate as an unincorporated or incorporated business involves a complex set of considerations, including the choice of entity type. Each structural decision comes with its own advantages and disadvantages.
What was effective in the past might not be the most efficient way to run your business in the future. External pressures could necessitate changes in your share structure, the company’s assets, or risk reduction strategies.
Demergers
Corporate demergers can be appealing for various reasons, such as unlocking shareholder value, isolating liabilities of a particular business, or preparing for a business sale. Demergers can be executed through different methods, including statutory and non-statutory routes. Due to their complexity, obtaining appropriate tax advice is essential to ensure tax-efficient implementation.
Share Reorganisations
Share reorganisations can involve a variety of transactions, such as modifying rights, purchasing existing shares, or reducing capital. Altering share rights might be necessary for several commercial reasons, like reclassifying different share classes to adjust the existing voting rights of shareholders.
Corporate Group Structure
In certain situations, establishing a new corporate group structure might be appropriate. This could involve creating a new company to acquire the shares of an existing company through a share-for-share exchange, cash, or loan notes. Clear commercial justifications are needed to ensure the reorganisation can be tax-neutral, and seeking HMRC clearance before proceeding is advisable.
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