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Posted Tue, 26 Mar 2024 18:18:12 GMT by Samantha Hayward
I started a business with a friend to purchase a buy to let property, they didn't have the funds at the time of incorporation, so all shares were in my name. 6 months later they came up with the funds at which point the company was running at a loss, and CGT would have been zero. As the mortgage had been put in place, to add a new person to the company meant informing the mortgage company and possibly changes to the mortgage. Based on this, we decided to add them to the company when the mortgage was up for renewal to make things more simple. Unaware you paid CGT when transferring shares, and not just when selling. The property value has increased and CGT may be applicable based on a transfer of shares at todays date. My question is, they were always meant to be a 50% share holder, I have evidence of this with messages, transfer of money from them into the business account, and their last name along with mine makes up the company name. Am I able to transfer what should have always been theirs without being caught up in CGT as the company was nothing at the time they came up with funds?
Posted Thu, 28 Mar 2024 15:36:53 GMT by HMRC Admin 25 Response
Hi Samantha Hayward,
No, the initial purchase is in your name only.
If you had submitted an declaration of beneficial ownership to show an alternative split at the time, this could have been done but it cannot be applied retrospectively.
Thank you. 

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