Reduction of share capital: distribution to shareholders is dividend to the extent of accumulated profits and may trigger capital gains treatment. Distribution by a company to its shareholders on reduction of share capital is treated as dividend to the extent of accumulated profits, whether capitalised or not. The provision applies where there is a company, a capital reduction, a distribution to shareholders, and accumulated profits. The amount distributed may also have capital gains implications because the shareholder's rights in the shares are extinguished. The distributed amount is treated as having two components: one attributable to accumulated profits and the other to capital.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Reduction of share capital: distribution to shareholders is dividend to the extent of accumulated profits and may trigger capital gains treatment.
Distribution by a company to its shareholders on reduction of share capital is treated as dividend to the extent of accumulated profits, whether capitalised or not. The provision applies where there is a company, a capital reduction, a distribution to shareholders, and accumulated profits. The amount distributed may also have capital gains implications because the shareholder's rights in the shares are extinguished. The distributed amount is treated as having two components: one attributable to accumulated profits and the other to capital.
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