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Road to redemption

28 August 2012
Issue: 4368 / Categories: Forum & Feedback , Capital Gains
In October 2008, shares were sold to a new company in exchange for redeemable preference shares. An election was made to disapply holdover relief to enable the capital gains tax entrepreneurs’ relief to be claimed, but only some of the new shares have been received. Can the TCGA 1992, s 169Q election now be revoked?

On 31 October 2008 my client sold his 75 000 ordinary shares in a company. He was one of three director/shareholders all of whom worked full time for the company.

The acquirer of the shares was a new company owned by one of the fellow directors and this company also bought out the third director/shareholder.

The proceeds received by our client for the sale were in the form of 825 000 £1 redeemable preference shares which were redeemable over a four-year period.

We did not act at the time of the disposal but our client was advised by the solicitor acting for the acquirer to make a claim under TCGA 1992 s 169Q to disapply the provisions of TCGA 1992 s 127 so that entrepreneurs’ relief could be claimed. Tax of around £80 000 was accordingly paid.

To date only 100 000...

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