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Entrepreneur's Relief Special - Summer 2008

Our quarterly round up of news to help you keep up to date with current issues that could affect you and your business

Newsletter Summer 2008

Please contact us to discuss any of the matters raised in this newsletter

What Is The New Relief?

After business leaders voiced their objections to the abolition of taper relief, the Chancellor has introduced a new Entrepreneurs’ Relief (ER). ER may be available for disposals, reorganisations and relevant transactions taking place on or after 6 April 2008.

The main effects of this relief are:

  • an individual will be able to make more than one claim for relief, up to a lifetime total of £1m of gains;
  • the first £1m of gains qualifying for relief will be charged at an effective rate of 10%; and
  • gains in excess of £1m will be charged at 18%.

The new relief is similar to Retirement Relief, which was phased out with the introduction of taper relief, but under the new rules:

  • there will be no minimum age limit; and
  • relief will generally be available where the relevant conditions are met for a period of one year.

ER - impact

The effect of the relief is to reduce the gains liable to CGT at 18% by 4/9ths, resulting in an effective rate of 10% (18% x 5/9ths). The relief will be available for gains of up to £1m for qualifying disposals by an individual throughout their lifetime. The impact of this new relief on qualifying disposals can be seen in the following table (ignoring the annual exemption).

 
  Gain Qualifying for ER Amount of ER Chargeable gain Tax Effective rate  
  250,000 250,000 111,111 138,889 25,000 10%  
  500,000 500,000 222,222 277,778 50,000 10%  
  750,000 750,000 333,333 416,667 75,000 10%  
  1,000,000 1,000,000 444,444 555,556 100,000 10%  
  1,250,000 1,000,000 444,444 805,556 145,000 11.6%  
  1,500,000 1,000,000 444,444 1,055,556 190,000 12.7%  
  1,750,000 1,000,000 444,444 1,305,556 235,000 13.4%  
  2,000,000 1,000,000 444,444 1,555,556 280,000 14%  
  3,000,000 1,000,000 444,444 2,555,556 460,000 15.3%  
  4,000,000 1,000,000 444,444 3,555,556 640,000 16%  
  5,000,000 1,000,000 444,444 4,555,556 820,000 16.4%  
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