A limited Company (oldco) was formed in 2009 to acquire the sole trader business, which has been traded for some 25 years prior. Oldco purchased the goodwill from the sole trader. Oldco has a few directors, of which I am one. There is 1 shareholder, not me. The shareholder and other directors are not related to me. I wish to form a new company (newco) to purchase the goodwill of oldco. I will be the sole director and shareholder of newco. Lets say the goodwill is purchased for £1m and amortised over 10 years at £100k per annum. Can the £100k be tax deductible and reduce profits and hence, corporation tax. There is no issue of related parties as far as I can tell. Will HMRC say that the original goodwill was created prior to April 2002 and reject the deduction, or can I argue that it was only created in 2009 when oldco was formed and purchased the business from the sole trader?
04th Feb 2013 11:40