CG64110 - Business Asset Disposal Relief: officers and employees

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.

Where there has been:

  • a disposal of shares in or securities of a company, or of an interest in such shares and securities by an individual - see CG63975, or by the trustees of a settlement - see CG63985, or
  • a “disposal associated with a relevant material disposalâ€� (which consists of shares, or interest in shares, or securities of a company) by an individual - see CG63995,

then one of the conditions that must be complied with is that throughout a specified period, either the individual, or in the case of trustees, the qualifying beneficiary, has to have been an officer or employee of the company, or if in a group, of one or more of the companies which are members of the group.

Generally whether a person is an officer or employee of a company or not is dependent upon whether that person has an employment or holds an ‘office� within the meaning of ITEPA2003/S4 and ITEPA2003/S5 (3) - for guidance on these areas see the Employment Status Manual.

»Ê¹ÚÌåÓýappre are no specific requirements regarding either working hours or the level of remuneration. »Ê¹ÚÌåÓýapp condition is simply that the individual should be an officer or employee.