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What is Business Asset Disposal Relief / Entrepreneurs' Relief and how can it benefit you?

(Business Asset Disposal Relief was known as Entrepreneurs’ Relief before 6 April 2020.)

If you’re a business owner planning to sell up or wind up your business, Business Asset Disposal Relief / Entrepreneurs’ Relief can save you a small fortune on your tax bill.

The scheme enables entrepreneurs who are selling all or part of their business to pay just 10% in Capital Gains Tax (CGT) on profits over the lifetime of their business.

This 10% CGT rate is considerably less than the 18% (for basic rate income tax payers) or 28% (for higher rate payers) that would otherwise be charged.

If you are eligible, you can claim a total of £1 million in Business Asset Disposal Relief over your lifetime.

How to Qualify for Business Asset Disposal Relief

For a business owner to claim Business Asset Disposal Relief / Entrepreneurs’ Relief, they must meet certain conditions.

They must:

  • be an individual, rather than a company
  • work as an officer or employee of that company
  • own at least 5% of the company and have at least 5% of the voting rights. (This minimum 5% ownership must have been in place for at least 12 months prior to claiming Business Asset Disposal Relief / Entrepreneur’s Relief, or at least 12 months before the business ceased trading.)

Most of the business owners who have done an MVL with us did qualify for Business Asset Disposal Relief / Entrepreneurs’ Relief.

However, everyone’s circumstance is different. So, you should speak to your Accountant / Tax Expert. If you don’t have one, we can recommend one to you. (We don’t advise on tax issues.)

Details about Business Asset Disposal Relief / Entrepreneurs’ Relief are also available on the HM Revenue & Customs website (https://www.gov.uk/business-asset-disposal-relief).

How is Business Asset Disposal Relief / Entrepreneurs’ Relief Calculated?

Click here to view some examples on how Business Asset Disposal Relief / Entrepreneurs’ Relief is calculated.

Facts You Need to Know

Business Asset Disposal Relief / Entrepreneurs’ Relief must be claimed at least 12 months from the 31st January following the tax year in which the business was sold off.

Although there is a lifetime ceiling of £10m, there is no limit to the number of times that an entrepreneur can claim. All the businesses that an individual sets up in his or her lifetime will be included, however. So once £10m has been claimed, business owners will no longer be entitled to this relief on any new business.

Also important to note is that the spouse of a Business Asset Disposal Relief / Entrepreneurs’Relief claimant can also claim provided they also own at least 5% of the business and work in some capacity there too. This means that if an individual has used up their own lifetime Business Asset Disposal Relief / Entrepreneurs’Relief limit, they can in theory claim up to a further £10m simply by transferring their shares to their spouse at least a year before they plan to sell the business.

Members’ Voluntary Liquidations (MVLs)

As well as following a sale of their company, business owners can also claim Business Asset Disposal Relief / Entrepreneurs’Relief on capital distributions to shareholders when the business is closed down.

This can be done either through a Members’ Voluntary Liquidation (MVL) or through an informal winding down procedure.

Claiming Business Asset Disposal Relief / Entrepreneurs’Relief will reduce the amount of Capital Gains Tax owing upon the closing of the business.

If you close your company with an MVL, for example, and take all the remaining money in the business bank account as a capital distribution rather than a business dividend, you’ll make huge savings in tax under the Business Asset Disposal Relief / Entrepreneurs’Relief scheme.

If you’re considering selling your business in the coming years, talk to a professional accountant or tax adviser to ensure you take full advantage of Business Asset Disposal Relief / Entrepreneurs’Relief while satisfying your legal tax obligations.

If you then want to go down the MVL route, you will need an Insolvency Practitioner. That is where we can help you.

I am very impressed with the professional and efficient approach adopted by Clarke Bell.

Our MVL was handled in a timely manner and I was kept informed of progress throughout.

This is an excellent service which is also very good value for money – I am pleased to recommend Clarke Bell without reservation.

Clarke Bell provided a fast, friendly, professional, efficient and low cost service when we decided it was time to end the life of our company via the MVL route.

The documentation supplied was clear, any questions were answered immediately and there were no hidden costs.

I have absolutely no hesitation in recommending Clarke Bell to any other company director wishing to end the life of their company via the MVL route.

I just wanted to say how impressed I have been with every aspect of the MVL process.

It has been an absolute pleasure to work with your very professional company.

I will have no hesitation in recommending Clarke Bell Limited to any other potential clients.

Wishing you every success for the future.

Dear Mr. Bell, your firm has just completed the liquidation of the above company.

I would like to record the excellent service given by your staff, and the professional and timely manner in which they conducted the liquidation.

I will certainly use the services of your firm for any future liquidations of my clients and would recommend your firm to others needing such services.

Our MVL was handled in a timely manner and I was kept informed of progress throughout.

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