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ERgent warning

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What it means to be an employee for the purposes of a claim to entrepreneurs’ relief

KEY POINTS

  • HMRC appear to be undertaking an increasing number of enquiries into claims for entrepreneurs’ relief.
  • To qualify for relief a disposal of shares or securities in a company must be made by an employee.
  • Consideration of what it means to be a director a de facto director or a shadow director.
  • Two recent cases illustrate that resigning as a director or being removed from the business payroll may not be fatal to a successful claim to entrepreneurs’ relief by the employee of a company.
  • The importance of ensuring that the conditions for relief are satisfied during the 12 months before the disposal of business assets.

It is interesting how things go around and come around in the world of tax. I remember starting work with the Inland...

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