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New queries, issue 4223

15 September 2009
Issue: 4223 / Categories: Forum & Feedback
Entrepreneurs’ relief on sale of shares; possible phantom holiday lettings; implications of non-domicile claim; benefit in kind from former employer

Care home puzzle

We have a client whose company has recently purchased a property that has been refurbished as a ‘surgery’.

The building is purpose built and will have between seven and ten consulting rooms which are to be fitted out with cardio equipment plus the usual medical paraphernalia that attends medical practices.

The client company will rent out these ‘surgeries’ to qualified practitioners who will have patients referred to them by various private hospitals etc.

The client company’s only income will be rent; it will not receive any income from the private hospital organisations nor will the practitioners be provided with any other services by our client although a reception area/switchboard is likely with the cost being built into the rent.

Our question is whether our client will get entrepreneurs’ relief (ER) if he sells the shares in the company after say five...

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