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Incorporation relief and ESC D32: a myriad of uncertainty

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The publication of Spotlight 63 and several articles published by Tax Policy Associates on landlord tax planning schemes have exposed a fundamental flaw with incorporation relief from CGT. The relief relies on an archaic concession from 1971 that was originally intended to allow for business liabilities to be taken over by a company on incorporation, but it does not reflect modern banking practices and creates uncertainty over this crucial tax relief for the incorporation of any business.

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