(c) Availability of entrepreneurs’ relief on the sale of the warehouse The sale of the warehouse will satisfy two of the conditions for entrepreneurs’ relief in that it was in use within Max’s business at the date of cessation, and the business had been owned by Max for at least one year prior to cessation.
However, the third condition, that the disposal must be within three years of the date of cessation, will only be satisfied if the disposal takes place before 1 June 2019.
Accordingly, if the sale takes place in June 2018, entrepreneurs’ relief will be available, but if it does not take place until June 2019, it will not. Sale in June 2018 If the sale of the warehouse takes place in June 2018, this will give rise to a chargeable gain of £22,000 (£84,000 – £62,000 (W)) As Max will be able to claim entrepreneurs’ relief in respect of this chargeable gain, the after-tax proceeds will be £81,800 (£84,000 – (£22,000 x 10%)).
Sale in June 2019 If the sale of the warehouse is delayed until June 2019, this will give rise to a chargeable gain of £28,000 (£90,000 – £62,000 (W)) in 2020/21.
As Max will not be able to claim entrepreneurs’ relief in respect of this chargeable gain, the after-tax proceeds will be £84,400 (£90,000 – (£28,000 x 20%)).
The increase in after-tax proceeds is therefore £2,600 (£84,400 – £81,800)
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