Business Asset Disposal Relief
(formerly Entrepreneurs’ Relief)
Business Asset Disposal Relief can allow you to pay a lower rate of capital gains tax (CGT) when you sell your business. If BADR applies, the rate of CGT is reduced from the main rate of 24% to 14% from 6 April 2025, and to 18% from 6 April 2026. Individuals have a lifetime limit of £1 million of gains for which BADR can be claimed.
It is vital, for BADR to apply, that the qualifying conditions are met. Given the substantial tax savings involved, you need to organise your business and its sale so that you qualify for BADR.
It’s easy to assume that you are entitled to BADR. However there are sometimes issues that can throw this assumption into doubt and it can be a very costly if you happen to get a different tax treatment. For the majority of times there are no issues but you have to make sure that you’re not the minority.
At Wilson Partners, our tax team advises clients on their eligibility for BADR as well as planning ahead to ensure that the conditions are met.
If you’re looking to sell your business talk to us today to make sure you don’t pay tax that you could have avoided with the correct planning in place.
See our tax case studies to find out more about how we can help you with BADR
Did you know we can value your business for you? Find out what your business might be worth.
Adrian Powell, Active Facilities Management Ltd
FAQs
It reduces the rate of CGT payable on qualifying disposals to 14%. An individual may claim BADR up to £1m of qualifying capital gains – this is a lifetime limit.
There’s no limit to how many times you can claim Business Asset Disposal Relief. However, under current legislation, you can claim a total of £1 million in BADR over your lifetime. Please contact us for more information.
You must meet the ‘personal company’ test for at least 2 years before you dispose of your shares. The test will effectively need to confirm that you owned at least 5% of the shares and voting rights in the two years prior to the disposal.
There are three types of ‘business asset‘ which may qualify for relief. They are: Whole or part of a sole trade or partnership business. An asset used in a business at the time the business ceases to be carried on. Shares or securities (for example loan stock) in a company.
It’s important to consider that the main requirement for the relief isn’t merely the sale of business assets.
Additional requirements:
- Part or whole sale of a business that had been owned through the two-year period leading up to the date of disposal, or
- The disposal of businesses assets within three years after the sale of a business that had been owned through the two-year period leading up to the date of disposal, or
- The disposal of an asset used by a partnership or company where the disposal is associated with a disposal of partnership assets or company shares which too qualifies for BADR, or
- Share are required to have been held for a minimum of 24 months before BADR can be claimed on their disposal
- If you’re selling all or part of your business
- If you’re selling shares or securities
- If you’re selling assets you lent to the business
- If you’re a trustee selling assets held in the trust
Contact us to discuss your situation.
(Assuming annual exempt amount has already been used)
| Profit from selling the business | Capital Gains Tax with no BADR (24%) | Capital Gains Tax with BADR claim (14%) | |
| Director/shareholder A
|
£250,000 | £60,000 | £35,000 |
| Director/shareholder B
|
£250,000 | £60,000 | £35,000 |
| Total | £500,000 | £120,000 | £70,000 |
(This is for disposals made between 6 April 2025 to 5 April 2026)
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