There are numerous Capital Gains Tax (CGT) reliefs in the UK: when do they apply and what are the conditions for relief?
This is a freeview 'At a glance' guide to the key CGT reliefs, when they apply, and how to approach calculations.
All references are to the Taxation of Chargeable Gains Act 1992 (TCGA).
Click on the relief type for further guidance. Where a relief is available to an individual it is generally available to the trustees of a settlement. There are some exceptions, please see the detailed guide to each relief for more information.
Type of relief | Gains on which type of asset | Who | When | Section |
Business Asset Disposal Relief (Entrepreneurs' Relief) (BADR) |
A business and business assets, where business is a trade, profession or vocation, covering: | Individual: sole trader or partner | Claimed on tax return. Normal time limit within 12 months of filing deadline. See Time limits | S.169H to 169V |
A Disposal of the shares or securities in an individual's personal company. | Individual: employee or officer | |||
A Disposal of trust business assets. | Trustees and beneficiary | |||
|
Individual: partner, or employee/officer | |||
Investors' Relief |
A disposal of shares acquired by subscription. |
Individual: not an employee or officer, on subscription |
S.169VA | |
Rollover (replacement of business assets) |
Assets used for the purposes of a trade or a deemed trade including:
There are special rules for wasting assets (assets with a life of less than 50 years) that are normally exempt from CGT. Rollover relief does not apply in respect of the disposal of shares and securities. |
Individuals & companies | Claimed on tax return. Normal time limit within 12 months of filing deadline. See Time limits | S.152 |
Rollover (Incorporation Relief) |
A business and its chargeable assets transferred to a company (no requirement for there to be a trade).
|
Individuals | On incorporation | S.162 |
Rollover (exchanges of joint interests in land) |
Land jointly held and exchanged between co-owners. |
Individuals | On exchange of interests | S.248A to 248E |
Ended 31 March 2018 |
The goodwill and land and property in the transfer of a company's business (no requirement for it to be a trade) to its shareholders.
|
Company | On disincorporation | S.162B |
Holdover (gift of business assets)
|
An asset or an interest in an asset used for the purposes of a trade, profession or vocation carried on by:
Shares or securities in an unlisted company, or a personal company, that is either a trading company or holding company of a trading group.
Transfers of agricultural property. Relief is available to the trustees of a settlement if they carry on the trade themselves or if it is carried on by a beneficiary with a life interest in the trust.
Gifts of assets that are immediately chargeable to Inheritance Tax (IHT), or would be were it not for the IHT Nil Rate Band (NRB) these include:
|
Individuals
Trustees/ beneficiaries |
Claimed using HS295. Time limit See Time limits |
S.165
S.260
|
Private Residence Relief (PRR) |
Relief on the disposal of an individual's only or main private residence:
Restrictions introduced from 6 April 2015 in respect of claims for relief by:
|
Individuals/ trustees |
On the disposal of an only or main residence. Claimed on tax return. Normal time limit within 12 months of filing deadline. See Time limits Two year time limit on second property election |
S.222 |
Useful guides on this topic
CGT Reliefs: a disposal of a business or its assets
Which Capital Gains Tax (CGT) reliefs apply when a person replaces or disposes of an asset used by a business, the whole or part of a business, or shares in a company?