Are you eligible for CGT Entrepreneurs’ Relief?

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Are you eligible for CGT Entrepreneurs’ Relief?

Entrepreneurs’ Relief applies to the sale of a business, shares in a trading company or an individual’s interest in a trading partnership. Where this relief is available, CGT of 10% is payable in place of the standard rate. There are a number of qualifying conditions that must be met in order to qualify for the relief.

When the relief was first introduced, there was a lifetime limit of £1 million for gains. This was increased to £2 million from 6 April 2010, to £5 million from 23 June 2010 and to a generous £10 million from 6 April 2011. This is a lifetime limit that means that individuals can qualify for the relief more than once, subject to an overriding total limit of £10m of qualifying capital gains. There are time limits that must be met to make a claim.

The relief is available to individuals as well as some trustees of settlements. To qualify, the individual should be either an officer or employee of the company, and own at least 5% of the company and have at least 5% of the voting rights. There are also some other qualifying conditions that must be met in order to qualify for the relief.

Entrepreneurs’ Relief is an important and valuable tax relief for many business owners. There is also a sister relief called Investor’s relief which has a separate £10 million lifetime cap. This is useful for investors who do not meet the officer or employee requirement for Entrepreneurs’ Relief. There is a separate lifetime cap of £10 million for qualifying gains by investors.

Planning note

We advise readers to seek professional advice before embarking of the formal sale of a business. There is much to consider, and this work must be done before you sign on the dotted line.

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