SUMMER REPLAY: Tax Treatment for Share Buybacks - CGT vs Income Tax

Thank you to Amicus: Search and Recruitment for Sponsoring this episode. To find your next Finance or Accounting Role, head to https://amicus.ie/ and tell them that we sent you!This is a replay of a previous episode in the feed. We will be back to normal broadcast next in September 2025.In this episode, Paula talks about the different tax considerations related to Share Buybacks for companies, and the reliefs available when a company deftly manages whether CGT or Income Tax is required in each scenario.Topics Covered:Overview of Share BuybackGeneral explanation of share buyback.Context in exams - a case study where a company buys back shares.Income Tax vs. Capital Gains Tax (CGT) TreatmentDefault treatment as an income tax event under schedule F.Preferable treatment as a CGT event and why (lower tax rate at 33%, CGT reliefs).Conditions for CGT TreatmentThe company must be a trading company or a holding company of a subsidiary.Shares must be in an unquoted company.Shares must have been held for five years by an Irish resident individual.Redemption must be for the benefit of trade.Substantial reduction in the shareholder's interest (25% reduction, shares 30% or less post-redemption).Examiner's IndicatorsRecognizing share buyback questions in exam cases (e.g., shareholders not getting along, detrimental to the company).Tax Reliefs for Qualifying ShareholdersEntrepreneurial relief and retirement relief.Potential to pay no tax on share buyback.Treatment for Non-Qualifying ShareholdersTaxed under schedule F.Tax calculation: agreed buyback price minus nominal value of shares.Rate of tax at marginal rate.Withholding tax at 25% by the company.Special ConsiderationsDistinction from close company transactions.Capital loss for those taxed under income tax.Company's Perspective on Share BuybackPotential stamp duty liability.No stamp duty if shares are converted to redeemable preference shares first.*****Thank you for listening to Study For Tax in your Coffee Break! If you enjoyed the episode, make sure to leave a rating and review on your Podcast platform and share it with others to let them know you enjoyed the podcast.If you'd like to purchase the books from which the content of this podcast is made, head to https://paulabyrne.ie/tax-books/.Thank you to Matthew Bliss for editing and production of this episode. If you'd like him to edit your podcast, send an email to [email protected] or head to https://www.mbpod.com/.Mentioned in this episode:Get your Audio Revision for the 2026 ACCA Exams