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Cumberland and Westmorland Herald
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    Buyer beware: Over £500,000-worth of fake products seized at last year’s Appleby Horse Fair

    Buyer beware: Over £500,000-worth of fake products seized at last year’s Appleby Horse Fair

    Ten fire crews battle Cumbrian wildfire for over eight hours

    Ten fire crews battle Cumbrian wildfire for over eight hours

    Turning 75: the impact on tax-free cash, pension tax relief and death benefits

    Turning 75: the impact on tax-free cash, pension tax relief and death benefits

    Appleby Horse Fair 2025: ‘Extensive’ police measures in place

    Appleby Horse Fair 2025: ‘Extensive’ police measures in place

    Man exposes himself near Penrith car park

    Man exposes himself near Penrith car park

    £7m for two major Penrith projects

    £7m for two major Penrith projects

    Appleby flood scheme work to pause for town’s horse fair

    Appleby flood scheme work to pause for town’s horse fair

    Man arrested after police drugs raid in Penrith

    Man arrested after police drugs raid in Penrith

    Man fined after abandoning car at Penrith Railway Station for several weeks

    Man fined after abandoning car at Penrith Railway Station for several weeks

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    New boss revealed for Penrith AFC

    Penrith Panthers celebrate winning season

    Penrith Panthers celebrate winning season

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    Darren Edmondson leaves Penrith AFC

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    Lucy plays key role in county T20 triumph

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    Gold for Keith in annual festival of orienteering

    Cumberland and Westmorland wrestlers head to European championships

    Cumberland and Westmorland wrestlers head to European championships

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    Kirkby Stephen Hockey Club win league title

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    Dedicated Eden football volunteer wins major award

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    10-year-old footballer Casper Ostrowski snapped up by Morecambe

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Home Expert advice
This article appears as part of a paid partnership with Armstrong Watson

Do you have a plan for exiting your business?

By Elaine Wilcox, restructuring and insolvency consultant, Armstrong Watson

by CWH
13 September 2023
in Expert advice, News
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Elaine Wilcox

Owner-managed businesses often face a conundrum when looking ahead to retirement, especially around how to release any value that is held within the business.

Some may be family businesses, where the second or even third generation will take over the reins and the founder will be able to step aside.

However, for owners who do not have a viable succession plan or do not wish to hand over the reins, there will be a need to close the business down.

With proper advice and planning, owner-managed businesses can navigate this path, secure a return on their investment in the company and obtain comfort that the closure has been dealt with efficiently and properly.

Selling the assets

In circumstances such as these, a sale of the trade and assets of the company may be possible which generates cash into the company. Once the sale has been completed, what is the best thing to do with the shell of the business and how is it best to distribute the sale proceeds (likely to be cash) back to the shareholders?

Returning the cash to shareholders

One option is to distribute this as dividends over a number of years.

The disadvantage of this is that it may not be the most efficient means of dealing with the matter, plus there will be ongoing administrative requirements to deal with, such as filing necessary returns with both HMRC and Companies House.

The alternative solution is a Members Voluntary Liquidation (MVL). An MVL is a liquidation of a solvent company that is administered by a Licensed Insolvency Practitioner.

Whereas the first option treats the distribution as income, the benefit of the MVL is that any distributions to members are treated as capital distributions and subject to Capital Gains Tax. It may also be possible that Business Asset Disposal Relief (formerly known as Entrepreneurs’ Relief) is available.

Managed wind-down and exit

Ultimately, the MVL process will provide comfort to the shareholders that the company has been wound up properly, with the various clearances being sought by the liquidator. Once the final report has been issued, the company will be eventually dissolved at Companies House.

If you are considering how to exit from your business and would like to discuss the process in further detail please call 0808 144 5575 or email help@armstrongwatson.co.uk.

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