R L and B were life tenants of a trust which held shares in a trading company. Each of them also held shares in the company in their own right.
The company met the qualifying conditions for entrepreneurs’ relief (ER) and the individuals had held their personal shares for the 12-month qualifying period. However the trust had only held the shares for four months before they were sold. The question was whether the trustees were entitled to ER on the disposal by virtue of the individuals’ 12 month qualifying period or whether the trust also needed to have held the shares for 12 months. The First-tier Tribunal had said no; the Upper Tribunal had said yes.
The Court of Appeal noted that the legislation had been drafted in the style adopted by the...
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