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.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon