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Partnership property owned by partner and Entrepreneurs relief

Partnership property owned by partner and...

The partnership along with it's business premises and my client partner have been together for decades.  He (the partner) and his wife (who is not a partner and has nothing to do with the business) own the premises and want to sell or transfer it when he retires soon.

To gain ER on the whole of the property would it be OK for her to transfer her share to him before the retirement and then for him to sell/transfer it all on his retirement?

From what I can tell it's his involvement in the business that requires a one year qualification whereas I can't see anything that requires the same for his ownership of the whole property.

The above is a simplified version of the actual facts but I'm hoping someone else may have dealt with something similar.  By the way, in case anyone asks, yes they did charge a rent and so there will be a restriction in ER, however, considering how long the property has been owned, it will be minimal.

Thanks in advance.


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By blok
11th Jul 2012 23:21

Your logic appears sound. It is certainly true with shares. I have seen something written on this recently, if I get a chance tomorrow I will look it up.

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