I am aware that a statutory demerger can involve transferring assets of the demerged trade to a new company in exchange for shares to some or all of the existing shareholders and this involves paying a dividend in specie ,hence why there has to be sufficient distributable reserves.
For income tax purposes the shareholders will of course be relying that the transfer of assets is an exempt distribution under s1077 CTA 2010. If the distribution becomes taxable (say if a shareholder receives a chargeable payment from one of the companies within 5 years s1086), what is the quantum that is subject to income tax? s1086 says "The amount or value of the payment is chargeable".
From the distributing company's perspective, the quantum of the distribution is governed by s845 Companies Act 2006, which usually treats the book value per the accounts as the amount. Let's say we have internally generated goodwill that is distributed to NewCo. The value of dividend in specie is nil as far as the distributing company is concerned. What is the value as far as the shareholder is concerned? Market value? If so, under what authority?
Further, what values should be recorded in the accounts of NewCo for the demerged trade? Dr. Assets, Cr share capital at market value?
In summary my questions are:
1. What is the quantum of a dividend in specie for a shareholder in the event that an exempt distribution becomes chargeable? Is this the market value of the assets distributed, the amount of chargeable payment, or the book value of the assets?
2. What are the bookkeeping entries for the distribution to NewCo and are these at market value?
- BTC is slow 250 3
- Voluntary Disclosure 179 2
- Director registration for SA question 444 17
- How to revise RTI for Moneysoft 173 3
- Issues with freelancer taking zero salary from limited company 319 6
- Tax on LLP members drawings not covered by future profits 494 22
- valuation of vehicles 400 16
- Business only use of company car 688 26
- Dormant company late with their CH submission 507 14
- Penalties for late PAYE scheme 317 4
- Is there no lower level to the work a lawyer would take on. 949 29
- New Company reviews please 542 13
- How do you pay Inheritance Tax when HMRC haven't demanded it 308 4
- Ethical Issues / Conflict of Interest 255 2
- VAT with Russia 223 2
- VAT FRS percentage for sales person? 234 4
- Money Laundering Manual 304 11
- cgt quoted shares losses 249 2
- Scientist switch to accountancy - work experience? 1,121 29
- directors loan 360 8
- RTI Rollback to delete incorrect data 298
- Vouchedfor.co.uk 244
- Motor Traders Assistant Bookkeeping Programme queries 238
- Any thoughts on Capium? 229
- Tracesmart/Lexis Nexis AML software? Any opinions? 217
- auto enrolment 187
- Sage Compatible P60's Self Seal 177
- Continuity of practice-ACCA 157
- How to account for investment in JV? 150
- Recommended International mobile phone coverage and costs? 148