Medium2 marksMultiple Choice
Chargeable gains for individualsSection BSyllabus CGift Relief
This question is part of a case study — click to read the full scenario(Case 21)

SCENARIO: Arthur, aged 65, has run GreenMeadows Farm as a sole trader for 30 years. On 1 May 2023, he sold a barn used for storage for £150,000, realizing a gain of £80,000. He immediately reinvested £100,000 into a new combine harvester. On 1 June 2023, he gifted 10,000 unquoted shares in a farming supply company to his daughter, generating a chargeable gain of £40,000. Arthur sadly passed away on 1 December 2023. His estate included the farmhouse, which he occupied for agricultural purposes.

QUESTION: Does the sale of the barn qualify for Business Asset Disposal Relief (BADR)?

ACCA · Question 24 · Chargeable gains for individuals

SCENARIO: Arthur, aged 65, has run GreenMeadows Farm as a sole trader for 30 years. On 1 May 2023, he sold a barn used for storage for £150,000, realizing a gain of £80,000. He immediately reinvested £100,000 into a new combine harvester. On 1 June 2023, he gifted 10,000 unquoted shares in a farming supply company to his daughter, generating a chargeable gain of £40,000. Arthur sadly passed away on 1 December 2023. His estate included the farmhouse, which he occupied for agricultural purposes.

QUESTION: Can Arthur and his daughter jointly elect for Gift Hold-Over Relief on the transfer of the unquoted shares?

Answer options:

A.

No, because gifts to family members are always chargeable to CGT

B.

Yes, because unquoted shares in a trading company qualify as business assets

C.

No, because Arthur did not own 100% of the company

D.

Yes, but only if the daughter pays Arthur for the shares

How to approach this question

Identify the asset being gifted (unquoted shares in a trading company). Check if this is a qualifying asset for Gift Hold-Over Relief.

Full Answer

B.Yes, because unquoted shares in a trading company qualify as business assets✓ Correct
Gift Hold-Over Relief allows a capital gain to be deferred when qualifying business assets are given away. Unquoted shares in a trading company are qualifying business assets, regardless of the percentage holding.

Common mistakes

Assuming a minimum percentage holding (e.g., 5%) is required for unquoted shares (this is required for quoted shares, not unquoted).

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