The following Corporation Tax guidance note by Tolley provides comprehensive and up to date tax information covering:
Entrepreneurs’ relief is capital gains tax (CGT) relief that allows business-owners with chargeable gains on qualifying business assets to pay CGT at a rate of 10%. This relief is available on up to £10m of capital gains for each individual over their lifetime and is available on gains arising to sole traders, partners, shareholders and trusts. It applies to all disposals, so includes gifts and non-arm’s length sales. It is also possible to create a deemed disposal for entrepreneurs’ relief in certain circumstances.
Introduced by Finance Act 2008, entrepreneurs’ relief was available on disposals occurring on or after 6 April 2008. The legislation is contained at TCGA 1992, Part V, Chapters 3 and 4 and has undergone significant changes. This guidance note explains the rules as they stand from 6 April 2019 but will also explain how the rules have previously applied, as appropriate.
For an individual to claim entrepreneurs’ relief, there must be a:
TCGA 1992, s 169H(2)
Whilst the three types of qualifying disposal for entrepreneurs’ relief all refer to disposals of business assets, the qualifying assets are different in each case. It is important from the beginning to categorise what type of disposal has been made and focus on the criteria for each.
Where the criteria for each disposal type are not met, entrepreneurs’ relief cannot be claimed. A disposal of business assets is, in itself, not sufficient.
Qualifying disposals by sole traders, partners and trusts, a qualifying gain may also be restricted to exclude gains attributable to non-business assets. Only the gain on relevant business assets is allowable.
A material disposal may also occur without a
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login