Business asset disposal relief ― trusts

Produced by a Tolley Trusts and Inheritance Tax expert

Trusts and Inheritance Tax

Guidance

Business asset disposal relief is a relief that reduces the rate of capital gains tax payable by business-owners on a disposal of their business. Trustees are able to claim the relief on the disposal of business assets held by them in the same manner that individuals can.

The relief was introduced on 6 April 2008 as ‘entrepreneurs’ relief’ and it retained that name until 6 April 2020. The structure of the relief has remained substantially the same throughout the period, although there have been changes to qualifying conditions and the lifetime limit, which are mentioned in this guidance note. The relief is now referred to throughout as ‘business asset disposal relief’.

Gains that qualify for business asset disposal relief are subject to capital gains tax at the rate of 10% for disposals before to 5 April 2025, 14% for disposals from 6 April 2025 to 5 April 2026 and 18% for disposals made thereafter. See the Policy paper Capital Gains Tax ― rates of tax. Anti-forestalling rules apply to fix the

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