Struggling businesses ― closing the company down

Produced by a Tolley Owner-Managed Businesses expert

Owner-Managed Businesses

Guidance

In these current very difficult times, some businesses will unfortunately struggle and ultimately fail. This guidance note details some of the key issues that may need to be considered to ensure the most tax efficient and commercially sensible solution is achieved.

Tax efficient winding-up / liquidation

Company administration aims to help the company repay debts in order to escape insolvency (if possible), whereas liquidation / winding-up is the process of selling all assets before dissolving the company completely. Although the decision as to whether to enter administration and possibly ultimately wind-up the business is primarily a commercial one, there are various tax implications (direct and indirect) that should be discussed with your client, as detailed below.

Direct tax implications

The primary direct tax consequences that need to be considered when a client is entering administration, and possibly ultimately winding-up, centre primarily around compliance issues, group relations and planning on an ultimate winding-up. Issues that should be discussed with your client include:

•
the effect on accounting periods ― the appointment of an administrator causes

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