Buying or selling a business

Every transaction involving the sale/purchase of a business is different but the following points may assist when considering the sale or purchase of a business:-

  • Are there key staff and/or customers essential to the success of the business - how will they react to the sale? Are employment contracts or supply agreements in place?

  • Are full accounts for the last few years available - buyers should get these professionally inspected.

  • Is the business equipment included in the sale - is it owned or leased?

  • If the business is sold as a going concern the buyers will usually have to take on the employees.

  • If the transaction involves business premises, are they freehold or leasehold? Click here to go to our commercial property page.

  • Are any special licenses required eg. a liquor licence - what is required to obtain these licences?

  • Buyers need to consider whether to buy as a sole trader/partnership or through a company. Do you know what the differences are?

  • Is the business currently owned by a company? If so, is the company being sold or simply some of its assets?

  • Buyers - Is it essential to the sale that the Sellers agree not to compete in the locality?

  • How is the price to be split between premises, equipment and goodwill - what are the tax implications of such a split?

  • What are the VAT implications of the transaction - usually none if sold as a "going concern" but there are traps for the unwary.

  • A significant number of business sales collapse because the Buyers cannot get the required finance. Buyers should organise their finance as soon as possible.