Tax implications of liquidating a company Free cybersex chat room with pics
The South African Revenue Service (SARS) released Binding Private Ruling 210 (Ruling) on 11 November 2015.
The Ruling sets out the tax consequences of a ‘liquidation distribution’, as defined in s47(1)(a) of the Income Tax Act, No 58 of 1962 (Act), followed by an ‘amalgamation transaction’ as contemplated in s44(1)(a) of the Act.
Step 2In terms of an amalgamation agreement as envisaged in s113 of the Companies Act, No 71 of 2008 (Companies Act), the Applicant and Co-Applicant will be amalgamated as follows: For purposes of the Ruling, it has been assumed that the shareholders of the Applicant hold the shares in the Applicant on capital account.
Liquidation is a formal insolvency procedure in which a company is brought to an end; all of its assets are liquidated and the proceeds from the sale of assets is used to repay creditors.
You are selling the shares in your business for the market value of the business as a whole.
However you should be aware that if the company's assets are sufficent to meet these up front costs then the directors should not have to make a personal contribution.
Let’s start with the most obvious; once the decision has been taken to liquidate a company then trading should cease within the company.
In a compulsory liquidation the cost of issuing a winding up petition (roughly £1,490-£1,990) is covered by the creditor.
Furthermore, the liquidator is appointed by the Court or the creditor.A further South African resident company (Sub Co) is the wholly-owned subsidiary of the Applicant.