As an LLP is a body corporate but transparent for tax purposes, would a transfer of shares in a trading company get holdover relief under S165 TCGA?
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If you are asking whether a transfer of shares by the LLP would attract the same relief as transfers of the same shares by the LLP's members individually, then I would have thought yes, by reason of the transparency you mention.
Where in s165 ...
... does it mention that relief is dependent upon the status of the transferee? (Other than residence)
EDIT - John, I'm not sure your reading of the query is correct, by virtue of the word "to" in the title. Then again, loose wording is commonplace on this forum.
Noted BKD. I did start my response with "if" in case I had not understood correctly what was being asked.
So the query is whether a 'company' under s.165(3)(ba) includes an LLP.
That takes us to s.288(1) where a company is defined to include 'any body corporate or unincorporated association but does not include a partnership...,
Again s.59A(2) says for all purposes, except as otherwise provided, in the enactments relating to tax in respect of chargeable gains .....(c) references to a company do not include such a limited liability partnership.
My eyes are opened
There it was, right in front of me. My [feeble] excuse is that in all my years I have never had to think about a gift of shares from an individual to a company.