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Home / Simons-Taxes / Corporate tax / Part D6 Company reconstruction and profit extraction / Division D6.6 Shareholder return of value and profit extraction / Buy-back of share capital / D6.618 Capital treatment on a purchase of own shares—HMRC advance clearance and reporting obligations
Commentary

D6.618 Capital treatment on a purchase of own shares—HMRC advance clearance and reporting obligations

Corporate tax

Share buy-back—HMRC advance clearance

The company may apply to HMRC for advance clearance as to the treatment of any payment to be made by it for the buy-back of shares (ie whether it will fall to be treated as a distribution or capital payment)1.

The application must be made in writing giving full particulars of the transactions proposed and should be sent to HMRC's Clearance and Counteraction Team2. HMRC then have 30 days to either request further particulars or give a decision on the application.

HMRC have indicated that the price for the shares would not normally affect its decision whether to give clearance: the decision would be made on the assumption that the price was a proper one.

It should be noted that there is no provision for the taxpayer company to appeal to the tribunal

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Web page updated on 24 Aug 2024 13:33