Entrepreneurs relief query on company sale

Two companies being sold, one owns the freehold premises and the other is the trading company.

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I have a client who is retiring and is selling the shares in both of his companies.

Company A is owned 100% by the shareholder and owns the trading premises which it lets to Company B

Company B is owned 100% by Company A and is the trading company.

Question: Is it possible that the shareholder can claim 10% ER on sale of Company A which owns the premises or will this be subject to normal CGT as not a trading company?

(Unsure as wondered as its part of a group that trades whether this may still qualify for ER?)

Thank you for any help on this

Replies (5)

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By Ruddles
18th Sep 2017 12:51

Are there significant non-trade, ie investment, activities in the group? By 'significant' I suggest that you use, say, 20% in the context of various criteria. Let me think - total assets and income should be a good starting point.

You could always look at the legislation as well - it isn't that difficult to follow.

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By Bobbo
18th Sep 2017 14:16

cde123 wrote:

I have a client who is retiring and is selling the shares in both of his companies.

Company A is owned 100% by the shareholder and owns the trading premises which it lets to Company B

Company B is owned 100% by Company A and is the trading company.

If Company B is owned by Company A, surely the retiring client is only selling the shares in Company A?

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Replying to Bobbo:
By Ruddles
18th Sep 2017 15:19

Question: did you read the following question?

Question: Is it possible that the shareholder can claim 10% ER on sale of Company A?

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By cde123
18th Sep 2017 14:55

Thank you. Company A just receives rent from Company B. It has no other trade.
The shareholder owns the shares directly in A but A then owns 100% of B

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By Portia Nina Levin
18th Sep 2017 15:12

You spin me right round. Baby right round. Like a record baby...

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