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Maximising Capital Gains Relief: Navigating the Business Asset Disposal Relief Changes

Business Asset Disposal Relief (formerly Entrepreneurs’ Relief) has changed from 6 April 2026—learn how the rate shift affects business exits, share sales, and planning opportunities under the new 18% regime.

By NomadicTax Research Team · 5-8 min read

What’s Changed with Business Asset Disposal Relief (BADR)

From 6 April 2026, the rate of Capital Gains Tax under Business Asset Disposal Relief on qualifying asset disposals rises to 18%. (gov.uk)

  • If you disposed between 6 April 2025 and 5 April 2026, the rate remains at 14%. (gov.uk)
  • Disposals made on or before 5 April 2025 enjoyed the 10% rate. (gov.uk)

Who’s Affected and When Planning Matters

  • Sole traders, partnerships, and shareholders in “personal companies” are eligible.
  • Conditions include owning the business for at least 2 years before sale or disposal, or the business having ceased within a 3-year window in certain cases. (gov.uk)

If you're considerando selling now, getting contracts completed before 6 April 2026 could lock in the 14% rate, subject to anti-forestalling rules. Contracts entered into before that date but completing later may still fall under 18%, unless they qualify as “excluded contracts” under those rules. (gov.uk)

Actionable Steps for Planning

  1. Review current planned disposals: if possible, accelerate them to complete on or before 5 April 2026. If contracts are not yet in place, see if they can be started before the deadline.
  2. Ensure qualifying conditions are met: two-year ownership, company qualifying as trading, minimum shareholding, etc.
  3. Check lifetime limit: the lifetime gain eligible remains significant—ensure previous gains under BADR haven’t used up the limit. (gov.uk)
  4. Anti-forestalling documentation: if relying on excluded contracts or special circumstances, ensure evidence is kept in case HMRC questions timing. The rules require commercial substance. (gov.uk)
  5. Get professional valuations: where asset disposals or share valuations are involved, formal valuations may support eligibility and timing.

Planning Examples

  • A business owner intending to sell her shares should aim to exchange contracts by mid-March 2026 and complete by early April to hit the lower BADR rate (if all other conditions are satisfied).
  • A partner in a trading business with substantial business asset values—if separating from the company after April, expect 18% rate unless disposing before the fiscal date.

Implications • ODds Books and Risks

  • Higher CGT bills on disposals after 6 April 2026; what once was 14% becomes 18%.
  • Valuation risk: share dilution or company status changes could disqualify relief.
  • Lifetime relief limit—once exceeded, excess gains taxed at standard CGT rates.

BADR remains a very powerful relief for entrepreneurs—but these timing and qualifying tweaks make strategic planning essential if you're considering disposing of business assets soon.

Sources

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