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Is this another wind-up?
KEY POINTS
- The winding-up of a company that had ceased to trade and had substantial reserves and cash leads to questions on whether it is subject to the targeted anti-avoidance rule in ITTOIA 2005 s 396B.
- Would advice to sell rather than liquidate a cash-rich company fall foul of the professional conduct in relation to taxation guidance?
- Parliament clearly stated that ITTOIA 2005 s 396B and s 404A would apply only when a close company was liquidated.
- HMRC chose to combat ‘phoenixism’ rather than ‘money-boxing’.
- The intention of the legislation was clear and approved by parliament.
The question ‘Is it a wind up?’ in Readers’ Forum on 6 July 2017 concerned the professional conduct in relation to taxation guidance (PCRT). In essence a client owned a company that...
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