CG63950 - BADR : Introduction and legislation

»Ê¹ÚÌåÓýapp content in this manual covers a much higher level of detail compared to say a Helpsheet supporting the Self Assessmnent Tax Return. If you are looking for an introduction to the main rules for the relief for a particular year please see the Business Asset Disposal Relief (Self Assessment helpsheet HS275) on GOV.UK and select the year you are considering.

Entrepreneursâ€� Relief was renamed in Finance Act 2020 with effect from 6 April 2020.  »Ê¹ÚÌåÓýapp new name is generally used in this guidance but should be read as applying to times before that date.

Finance Act 2008 introduced Entrepreneurs� Relief for gains arising from a material disposal of business assets by individuals and the trustees of certain settlements and disposals of other business assets associated with a material disposal of business assets where certain conditions are met.

»Ê¹ÚÌåÓýapp relief was first announced in January 2008 with draft legislation being published shortly after.

Entrepreneurs� Relief was introduced by FA2008/S7 and Sch3 which inserted the provisions into TCGA 1992 from S169H to S169S. FA2008/Sch3/paragraph5 contains the commencement provisions for Entrepreneurs� Relief. It applies to disposals made on or after 6 April 2008. 

»Ê¹ÚÌåÓýappre have been a number of changes affecting the rules since 2008. Care should therefore be taken to consider the rules as they applied at the date of any relevant disposal.

A general overview of the structure of the guidance and provisions is in the table below.

For convenience the statutory references in TCGA92 are used throughout this guidance. »Ê¹ÚÌåÓýappy cover the following areas.

Manual page

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Legislation

CG63955

Introduction

TCGA92/S169H

CG63970

Claims

TCGA92/S169M

CG63975

Material Disposal of Business Assets by Individual

TCGA92/S169I

CG63985

Disposal of Trust Assets

TCGA92/S169J

CG63995

Disposal associated with relevant material disposal

TCGA92/S169K

CG64005

Relevant Business Assets

TCGA92/S169L

CG64006 Exclusion of Goodwill TCGA92/S169LA

CG64010

Disposal of whole or part of business: conditions and disposal of assets after cessation of a business

-

CG64052

Enterprise Management Investment Scheme shares

-

CG64053 Dilution elections TCGA92/S169SB-SH

CG64055

Meaning of trading company and holding company of a trading group

TCGA92/S169SA

CG64125

Amount of Relief - general

TCGA92/S169N

CG64135 Deferred gains TCGA92/S169T-V

CG64140

Amount of Relief - Trust provisions

TCGA92/S169O

CG64145

Amount of Relief - Special provisions for certain associated disposals

TCGA92/S169P

CG64155

Reorganisations: disapplication of section 127

TCGA92/S169Q

CG64160

Reorganisations: QCB’s

TCGA92/S169R

-

Interpretation

TCGA92/S169S

CG64165

Transitional provisions - Reorganisations: QCB’s

FA08/SCH3/PARA7

CG64170

Transitional provisions - Enterprise Investment Schemes

FA08/SCH3/PARA8

-

and Venture Capital Trusts

-

CG64172 Reduction in lifetime limit from 11 March 2020 � anti-forestalling rule for unconditional contracts FA20/SCH3/PARA3
CG64173 Reduction in lifetime limit from 11 March 2020 � anti-forestalling rule for Section 169Q elections FA20/SCH3/PARA4-5