Taxation logo taxation mission text

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

Readers' forum : Calling it a day

10 April 2018
Issue: 4642 / Categories: Forum & Feedback

Entrepreneurs’ relief on sale of business and land with two cottages.

Two brothers have traded for more than 40 years from land and buildings that they own personally. They never charged any rent to the business for the land and buildings used in the course of their trade. Subject to the normal rules applicable to entrepreneurs’ relief when they sell the land and close the business one assumes that entrepreneurs’ relief would cover the gain and the tax would be at 10%.

There is however a complication. On the edge of the plot are two cottages one of which has been rented out by one of the brothers who uses this as his personal income.

Without going into tedious detail the other cottage would certainly qualify as a residential property interest under the post-6 April 2016 rules.

My questions to readers are as follows. First would it be wise to have two separate bargains...

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