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Section 138A Election Letter (Business Asset Disposal Relief And Earn Outs)

Publisher one

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Source file

Jurisdiction

England and Wales

Contract party

Relevant sectors

Type of legal document

📁 Tax election letter

Business activity

Election to disapply

Why use a 📁 Tax election letter?

A tax election letter is a document that allows a taxpayer to elect how they would like to be taxed on a particular issue. This could include choosing to be taxed as an individual or an LLC, or electing to file as married filing jointly or separately.

The Section 138A Election Letter (Business Asset Disposal Relief And Earn Outs) under UK law is a legal document that pertains to the sale or disposal of business assets. It outlines the electing party's intention to utilize the Business Asset Disposal Relief (previously known as Entrepreneur's Relief) in conjunction with earn outs, a financial arrangement where the buyer pays the seller in installments based on the business's future performance.

This template serves as a formal letter, indicating the electing party's decision to elect the section 138A provisions as per the UK tax legislation. It includes specific details related to the relevant transaction, such as the parties involved, the nature and value of the assets being disposed of, and the proposed earn-out structure.

Furthermore, the template may include clauses that address essential provisions and conditions for the utilization of Business Asset Disposal Relief and earn outs. This may cover aspects like the calculation and payment terms of the earn-out, obligations and responsibilities of both parties, dispute resolution mechanisms, and any necessary consents or waivers required.

By using this template, the parties involved can document their intentions in a legally binding manner, ensuring compliance with the UK tax regulations and providing transparency and clarity regarding the sale or disposal of business assets. It enables the electing party and relevant stakeholders to structure their transaction efficiently, taking advantage of applicable tax relief and providing a clear framework for earn-out arrangements.

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