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.
Entrepreneursâ€� 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 Entrepreneursâ€� Relief. It applies to disposals made on or after 6 April 2008.Â
»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 | - |
Legislation |
---|---|---|
Introduction |
TCGA92/S169H |
|
Claims |
TCGA92/S169M |
|
Material Disposal of Business Assets by Individual |
TCGA92/S169I |
|
Disposal of Trust Assets |
TCGA92/S169J |
|
Disposal associated with relevant material disposal |
TCGA92/S169K |
|
Relevant Business Assets |
TCGA92/S169L |
|
CG64006 | Exclusion of Goodwill | TCGA92/S169LA |
Disposal of whole or part of business: conditions and disposal of assets after cessation of a business |
- |
|
Enterprise Management Investment Scheme shares |
- |
|
CG64053 | Dilution elections | TCGA92/S169SB-SH |
Meaning of trading company and holding company of a trading group |
TCGA92/S169SA |
|
Amount of Relief - general |
TCGA92/S169N |
|
CG64135 | Deferred gains | TCGA92/S169T-V |
Amount of Relief - Trust provisions |
TCGA92/S169O |
|
Amount of Relief - Special provisions for certain associated disposals |
TCGA92/S169P |
|
Reorganisations: disapplication of section 127 |
TCGA92/S169Q |
|
Reorganisations: QCB’s |
TCGA92/S169R |
|
- |
Interpretation |
TCGA92/S169S |
Transitional provisions - Reorganisations: QCB’s |
FA08/SCH3/PARA7 |
|
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 |