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Have You Considered How To Retain Some Assets?

Business sales can be highly complex with purchasers and sellers often having equal, but opposite positions.

Sometimes the purchaser, and indeed seller, wish to remove an asset(s) from the transaction. Perhaps the most common example of this is property. So, how can this conundrum be resolved?

There are various options to consider such as:-

  • Taking the asset out of the business pre-sale, for example, if the seller buys it themselves
  • Transfer the asset to a different entity that is not being sold
  • Sell it with the business and then buy it back from the purchaser
  • Gifting the asset, for example to family members

In our experience, we come across businesses every day which have not been set up correctly, with mixed trading and investment activities being a common issue. As a result, restructuring may be required pre-sale to accommodate these complications.

If you think this is an issue for you, all is not lost. There are a series of tax reliefs that might allow you to make the changes necessary to the mutual benefit of both the seller and purchaser.

What is our role?

EQ’s unique way of working allows us to provide a joined up approach. Our team of Taxperts can chart a course for you through the myriad of anti-avoidance legislation, and our lateral thinking can help solve any problem.

If you are thinking of selling your business and would like to discuss your circumstances with sector leading experts, then please contact our Transaction Tax team today.

You can read our advice on ‘What are you selling’ here.

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