There are various methods at your disposal to reduce or delay the amount of Capital Gains Tax (CGT) when you sell a property that has been used for business purposes.
For example, Business Asset Rollover Relief allows for the deferral of CGT on gains made when taxpayers sell or dispose of certain assets (including property) and uses all or part of the proceeds to buy new business assets. The relief means that the tax due on the gain of the property that has been sold is postponed. The amount of the gain is effectively rolled over into the cost of the new asset and any CGT liability is deferred until the new asset is sold. There are qualifying conditions that must be met to ensure entitlement to any relief.
What is the main purpose of the business?
If the main purpose of the business concerns buying and selling property, for example, a property development or property trading business, then the business is not liable to CGT when a property is sold. Instead, properties sold under the name of a Limited company will be liable to Corporation Tax, and properties sold under the name of a sole trader or partner will be liable to Income Tax.
There are also special rules for limited companies that dispose of UK residential dwellings valued at over £500,000 and which are held in a ‘corporate envelope’ (e.g., a company). Qualifying gains made after 6 April 2019 are liable to Corporation Tax.
The tax rules around selling business property can be complex, so if you are considering selling business property, call MJB Avanti (08000) 388 799 to discuss your position and ensure you have the correct advice in place before you proceed.