TQOTW: Tax and Commerciality | Croner Taxwise-Protect
Q. What is meant by the saying “Don’t let the tax tail wag the commercial dog”?

A. Some clients are so concerned with minimising their tax liabilities, and their advisers so eager to please, that sometimes there is a danger of losing sight of the overall commerciality of the proposed transactions.

Examples which this writer has come across include:

  • Property and share valuations. It can be the case that having taken into account available reliefs and exemptions, the additional capital gains tax payable by simply accepting HMRC’s proposed valuation is cheaper than engaging a valuer to argue the point.
  • Preparing clearance applications for a statutory demerger can be a time-consuming and costly business especially when there are no significant real or latent tax liabilities in the business structure being demerged!
  • This may depend upon the nature of the business but do the tax benefits of incorporation outweigh the extra time needed to be found to deal with the additional regulatory issues, compliance and red tape?
  • Sale of a business. The legal and professional costs involved in selling a company usually far outweigh those for selling a trade and assets. Do the tax savings justify the first alternative? Will the vendor be kept awake at night worrying about the warranties and indemnities?

Sometimes the client is prepared to incur the cost of pursuing a particular tax outcome as “a matter of principle” or out of sheer stubbornness and that of course is a matter for the client to decide. In which case it is to be hoped that the tax adviser has first fully appraised the client of the relative pros and cons of the alternative courses of action.

If you would like to discuss a tax query why not contact the Tax Advice Line on 0844 892 2470? Our team of experts have a wealth of experience and can also provide a written consultancy service at £180 per hour plus VAT.

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Tax Advice Consultant
0844 892 2470


Colin began to specialise in tax in 1983. He has previously spent time as a tax partner with two leading accountancy firms and, more recently, as partner in a specialist tax consultancy business providing planning advice and problem solving for successful owner-managed businesses and their owners across the UK.