Selling a second home or business asset in 2021? Beware of the taxman

By DTE Business Advisers

04 Feb 2021

With the Budget soon upon us at the beginning of March, it is a timely reminder to consider one of the most important capital gains tax reliefs available, particularly to those who are in business.

Capital Gains Tax (CGT)

By way of a reminder, the annual exemption for the current tax year is £12,300 for individuals. Please be aware that married couples and civil partners have a £12,300 exemption each. If your taxable income is less than £37,500 the capital gains tax rate for gains up to the remaining basic rate band allowance is 10%. Gains above that are at 20%. 

You will be aware that in recent times the Government have made the capital gains tax regime in relation to residential properties more draconian than ever. At present, gains from the sale of a residential property which is not your principal private residence (your second home) are taxed at rates of 18% if you are a basic rate taxpayer or 28% if you are a taxpayer paying tax at the higher or additional rate.

You hopefully are aware that the gains made on UK residential property must be reported and paid within 30 days of the sale being completed. 

Business Asset Disposal Relief (BADR)

BADR reduces the rate of capital gains tax due on disposal of all or part of your business from a headline rate of 20% to 10%. Those with a memory will recall that the relief was, until recently, known as Entrepreneurs’ Relief. 

The broad rule of qualification is you must have owned the business (or business asset) either as a shareholder, sole trader or been in a business partnership for the last 2 years.

If you are selling shares you may also qualify if you have been an employee or officer holder (director) of a qualifying trading company for 2 years up to the date you sell your shares. In addition, you must also have had at least 5% of both the nominal share capital and voting rights and also be entitled to at least 5% of either all distributions or 5% of the profits that are available for distribution in relation to the assets on winding up.       

If you are closing your business the same conditions apply and you must also dispose of any assets (or complete the winding-up of a business) within 3 years of the trade ceasing. Please note there is no cap on the number of times you can claim the relief, but you can only claim up to £1million of BADR in your lifetime. Any earlier disposals where Entrepreneurs’ Relief was claimed need to be taken into account in relation to this lifetime limit.

Finally, please note if you have never previously claimed BADR only the first £1 million will qualify for the 10% with the rest of the disposal taxable in the current tax year at 20/21 at 20%.

And finally, it is also worth remembering that if you have shares that are, for want of a better phrase “worthless”, you will be able to make a negligible value claim on any shares and utilise the loss against any gains made in the tax year. The end of the tax year is an opportune time to consider these ‘negligible value’ claims. 

**This article was originally posted on DTE website at https://www.dtegroup.com/news/blog/selling-a-second-home-or-business-asset-in-2021-beware-of-the-taxman/

Latest news

1

Forbes Solicitors acquires prominent employment law firm Pauline Wild, Nick Jones, Jonathan Holden, Dan Bickerstaffe,Simon Ost

Forbes Solicitors acquires prominent employment law firm

04 Mar 2026

2

Commissioner brings Lancashire businesses together to strengthen the fight against business crime Clive Grunshaw

Commissioner brings Lancashire businesses together to strengthen the fight against business crime

04 Mar 2026

3

Growth forecast lowered - but Reeves insists plan is working Joe Nellis

Growth forecast lowered - but Reeves insists plan is working

03 Mar 2026

4

Public invited to have their say on Central Blackpool housing regeneration framework Artist impression of the area around Central Drive

Public invited to have their say on Central Blackpool housing regeneration framework

03 Mar 2026

5

Darwen’s impressive new youth centre on track for spring opening Darwen Youth Zone

Darwen’s impressive new youth centre on track for spring opening

03 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 - Outdoor Elements (Their Image)
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Understanding AI
understanding AI image.png.png
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Understanding AI

Strawberry Fields Digital Hub, Chorley, PR7 1PS

09:30 - 12:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin