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How to handle entrepreneurs’ relief

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Entrepreneurs’ relief (ER) is available for shares in trading companies provided the conditions in TCGA 1992 ss 169H–169SH are met. ER results in a CGT rate of 10% on lifetime chargeable gains of up to £10m measured on or after 6 April 2008. An individual holding shares in a trading company qualifies for ER in relation to those shares if: the individual is an employee or an officer of the company (or a company within the group where the shares are held in the holding company); the company is a ‘personal company’ in relation to the individual and both the employment condition and the shareholding condition are satisfied for the one-year period leading up to the date of disposal of the shares (extended to two years for disposals made on or after 6 April 2019). Recent changes have been made to the personal company requirements and to protect relief...

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