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Personal Company for Entrepreneurs relief

We have a client who purchased shares in the company where he is and has been for over one year a company director. These are the only shares that he holds in his own name and were less than 5% of the ordinary share capital in full. Within one year of holding them he sold them them to the holding company for a profit/gain. He owns all of the shares in the Hong Kong holding company and this company owns approximately 75% of the shares in the UK trading company. My question is whether the UK trading company is and was his "personal company" for Entrepreneurs relief purposes. In other words do the shares have to be in his name for him to qualify or can they be owned by his own, wholley owned Hong Kong company. If so I would assume that he could claim Entrepreneurs relief on the gain.   

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No ER

Only shares "held by the individual" count towards the 5%.  S.169S(3)(a) refers, see Schedule 3 FA 2008.

Thanks (1)
05th Jan 2012 11:38

Transactions in securities

I agree that no ER is available. Also, by selling the shares to a company he controls, he may be vulnerable to attack under the artificial transactions in securities rules with the consequence that his gain may be taxed as an income dividend.

Thanks (1)