Entrepreneurs’ Relief: relevant business assets
In certain circumstances not all the disposals of assets that comprise the qualifying business disposal are eligible for Entrepreneurs’ Relief.
Where a qualifying disposal is not of shares in or securities of a company (or of interests in such shares and securities), Entrepreneurs’ Relief is to be given only in respect of the disposal of “relevant business assets” - TCGA92/S169L(1).
“Relevant business assets” are assets which are used for the purposes of the business by reference to which Entrepreneurs’ Relief is due (or interests in such assets), and disposals of which are:
- a material disposal of business assets, or
- a disposal of trust business assets, or
- a disposal associated with a relevant material disposal.
But certain assets are “excluded assets” - TCGA92/S169L(4). These are not “relevant business assets”, and Entrepreneurs’ Relief is not due on disposals of them. The term covers any shares and securities, and any assets other than shares and securities which are held as investments.
The goodwill of a business is specifically included in the definition of relevant business assets but for disposals on or after 3 December 2014, goodwill will not qualify for Entrepreneurs’ Relief in certain circumstances. FA2015/S42 made TCGA92/S169L subject to new TCGA92/S169LA, which was subsequently amended by FA2016/S85. See CG64006.