CG63950 - Entrepreneurs’ Relief: scope and layout of guidance


As part of the Government's programme of Capital Gains Tax reform, Finance Act 2008 introduced Entrepreneurs’ Relief for gains arising from a material disposal of business assets by individuals and the trustees of certain settlements and disposals of other business assets associated with a material disposal of business assets where certain conditions are met.

Entrepreneurs’ Relief was first announced in January 2008 with draft legislation being published shortly after.

Entrepreneurs’ Relief was introduced by FA2008/S7 and Sch3 which inserted the provisions into TCGA 1992 from S169H to S169S. FA2008/Sch3/para5 contains the commencement provisions for Entrepreneurs’ Relief. It applies to disposals made on or after 6 April 2008.

The guidance is organised so that for each aspect there is an introductory paragraph giving a general overview of the topic followed by more detailed information. The introductory paragraphs are shown in the table below.

Layout of guidance

For convenience the statutory references in TCGA92 are used throughout this guidance. They cover the following areas.


CG63955IntroductionTCGA92/S169H
CG63970ClaimsTCGA92/S169M
CG63975Material Disposal of Business Assets by IndividualTCGA92/S169I
CG63985Disposal of Trust AssetsTCGA92/S169J
CG63995Disposal associated with relevant material disposalTCGA92/S169K
CG64005Relevant Business AssetsTCGA92/S169L
CG64010Disposal of whole or part of business: conditions and disposal of assets after cessation of a business
CG64055Meaning of trading company and holding company of a
trading group
CG64125Amount of Relief – generalTCGA92/S169N
CG64140Amount of Relief – Trust provisionsTCGA92/S169O
CG64145Amount of Relief – Special provisions for certain associated disposalsTCGA92/S169P
CG64155Reorganisations: disapplication of section 127TCGA92/S169Q
CG64160Reorganisations: QCB’sTCGA92/S169R
InterpretationTCGA92/S169S
CG64165Transitional provisions - Reorganisations: QCB’sFA08/SCH3/PARA7
CG64170Transitional provisions – Enterprise Initiative SchemesFA08/SCH3/PARA8
and Venture Capital Trusts