Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Too good to be true?

11 November 2014
Issue: 4477 / Categories: Forum & Feedback , Capital Gains

Can previous non-business use be ignored in a capital gains tax entrepreneurs’ relief claim?

We all know that an asset used in a business qualifies for capital gains tax entrepreneurs’ relief (assuming that all the other conditions are satisfied) if it has been used in the trade for at least a year.

My query concerns the position when an asset has been owned for a much longer period but is only brought into use for a trade in the last year of ownership. I have had this query a couple of times in the past few months and would appreciate others’ opinions.

Let’s say that a client has owned a piece of land or shop for nine years and it has not been used for trading purposes. If the client were to carry on a trade from that land or shop for a year (and if all of the other criteria are met) can he potentially pay 10% capital gains tax on the...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.
back to top icon