Samantha Hayward
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CGT on shares that should have been transferred at time funds were transferred
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?