Goodwill valuation HMRC

How a Goodwill Valuation can save Tax  September 5, 2012 – 08:36 am
HM Revenue & Customs (HMRC)

Let’s suppose you are a sole trader business earning profits of £80, 000 p/a. Your tax and NI bill would be approx. £26, 000 p/a. However, what you could do is convert your business into a limited company and organise it so the limited company effectively buys the business off you for its deemed market value. Let’s say we can the business value agreed at £300, 000 – you will have a Capital Gains Tax liability of approx. £29, 000 (one off) provided you qualify for Entrepreneurs Relief. If you write off the Goodwill (£300, 000) over 5 years you can deduct £60k p/a from your company tax liability. This means you will be taxed on only £20k p/a of your profits at 20% = £4k p/a. The company will start off owing you £300k so the likelihood is that you won’t pay any personal tax during that time on what you withdraw from the company.

Over 5 years your overall tax bill will be £49, 000 compared with £130, 000 if you had remained as a sole trader.

This is all completely legitimate and we would normally agree the valuation with HMRC at the time. The skill is in justifying the valuation and then negotiating with HMRC to get the best overall result. This is something we have been using successfully for many years to save tax for our clients.

-  Carl

 

Source: the voice of elsby & co

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Thanks...to clarify

In this particular example I have seen on stock/equity valuation for a friend of mine, an certified Biz appraiser has used the 3 big valuations ..there is control premiums and minority discounts being applied depending on the stake you consider, as well as lack of marketability discounts. However, besides the basic economic and Strengths/weaknesses perceived of the company...there is no line-ite...verwhelming postives, ie money-making machine, long term relationships securing re-orders, the name/family history, goodwill, etc.
I had wondered if this was not included due to the valuation being down as a stock valuation since its an sales agency partnership via stock/s-corp. Its not like there are lots of tangible bricks/mortars as far as assets for a traditional accounting valuation.

Part 3

Ok, so how about non-punitive damages? First off, you brought up "goodwill," which you need to remember is something that sounds nebulous but actually isn't. "Goodwill" is a technical accounting term, and it represents a very concrete and definite sum of money. I'm not an accountant and I forgot all of the accounting principles my very determined Corporations prof tried to beat into me 30... party to stop breaching and do what he agreed to do in the contract. There's yet another pile of obscure rules about when this remedy is available (having to do, weirdly enough, with the split between Chancery Court and the Courts of Law in 18th-century England), but that's frequently an option in cases where it's impossible to put a dollar figure on the results of someone breaching a contract.

Yes, you should get a receipt

You don't need to send the receipt with your tax return, but it's good to have it in case you get a letter requesting you to provide proof of your non-cash donations. The valuation of non-cash items is based on their fair market value. In that case, you can go into a Goodwill or other types of second-hand furniture store (even eBay) to get an idea of the used valuation of your items. If you're d...00 worth of such items, you'll have to complete a supplementary schedule to include with your tax return. This schedule lists the pieces you donated, their values, and how you arrived at those values.
If someone gives you something, you have no obligation to return it. If you no longer have it, you no longer have it. Once an item is given away, there's no expectation that you will keep it.

The problem is the lawyer at issue

I am a business and finance attorney and have drafted loads of these agreements over the years. It is the knowledge, experience and participation of a good attorney that makes the cost either worthwhile or worthless.
A few examples of issues, from just a few provisions, may illustrate the process. When structuring a dispute resolution clause do you: (1) select just arbitration, med/arb, p...l the research and go through numerous forms to get the idea and know IL law well, then you could do this yourself. Note, if you do this yourself, the other members will use that fact to work against any interpretation you constructed. I guess the question is whether the time it will take to do a good job or the risk of not doing that worth saving a few thousand or not. Only you can decide that.

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