CGT—reliefs

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • CGT—reliefs
  • CGT reliefs most relevant to Private Client
  • Principal private residence relief
  • Business asset disposal relief (formerly called entrepreneurs’ relief)
  • Investors' relief
  • Hold-over relief
  • Business asset roll-over relief
  • Conditions to be satisfied
  • What is a trade for the purposes of roll-over relief?
  • How to claim the relief
  • More...

CGT—reliefs

FORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek views about capital gains tax. The call for evidence comes in two sections: the first seeks high-level comments on the principles of CGT by 10 August 2020, while the second and primary section of the document invites more detailed comments on the technical detail and practical operation of CGT by 9 November 2020. Although the results of the survey and consultation are not yet known, it is worth bearing the proposals in mind when considering and advising on CGT.

CGT reliefs most relevant to Private Client

Various reliefs apply to reduce or postpone the impact of capital gains tax (CGT) on business and personal interests. The reliefs of most interest to the private client practitioner are as follows:

  1. principal private residence (PPR) relief under sections 222–226 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)

  2. entrepreneurs' relief under TCGA 1992, ss 169H–169V

  3. investors' relief under TCGA 1992, ss 169VA–169VY and Sch 7ZB

  4. hold-over relief under s 165 or s 260 TCGA 1992

  5. business asset roll-over relief under TCGA 1992, ss 152–157

  6. roll-over relief on the exchange of joint interests in land under TCGA 1992, ss 248A–248E

  7. incorporation relief under TCGA 1992, s 162

  8. enterprise investment scheme (EIS) deferral relief under TCGA

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