Entrepreneurs Relief on Investment Assets

The new entrepreneurs relief provisions for capital gains tax purposes don't apply to investment assets. If you're selling a business any investment assets simply won't qualify for relief and will be excluded from the entrepreneurs relief calculation. If you're selling shares in a company you need to assess the position of the company - is that a trading company? The old taper relief definition of 'trading' applies for this purpose so if it has more than 20% of its assets or income deriving from 'non trading' activities the shares in the company won't qualify. Non trading means not in use for the purposes of the company's trade. This also applies to the associated disposals rule. So if you're selling personally held assets with the shares and these aren't in use for the purposes of the business they won't qualify. Note though that with personally held assets you can get partial relief. For example a property owned personally and used by the company for only part of your period of ownership would qualify for partial relief.

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