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Posted Mon, 18 Nov 2024 10:40:55 GMT by Shaun Smith
Hi I am the sole director/shareholder of my company, which is now in the process of being closed down. I have read through the eligibility criteria regarding Business Asset Disposal Relief (BADR) as outlined here - https://www.gov.uk/business-asset-disposal-relief. However, I am unsure of the trading period so would like clarification on this, all other criteria I am happy with. I began trading in 2011 and am closing my company with the final accounts being made up to May 2024. However, whilst the company has continued to remain open with various expenses incurred (mainly admin costs), I have been unable to find any work whilst actively looking since May 2020, so the company has been running at a loss. For purposes of BADR, will the fact that my company has not generated any income play any part of the trading status and criteria? Will I be considered as trading up to May 2024 or will I be considered to only be trading up to May 2020. Again during the period May 2020 - May 2024 I was actively seeking work through my company, but unfortunately was not able to secure any contracts. I look forward to hearing from you shortly. Thanks
Posted Fri, 22 Nov 2024 13:37:03 GMT by HMRC Admin 20 Response
Hi,
The business remains open and running at a loss.  
Those losses do not qualify as a deduction from capital gains, as they are trading losses and not capital gains losses.
Thank you.
Posted Fri, 22 Nov 2024 14:03:13 GMT by Shaun Smith
Hi Admin Thank you for your response. However, this does not clarify whether or not the period in which the business was open and running at a loss will still be considered 'trading' for the purposes of Business Asset Disposal Relief. Please clarify. Thanks
Posted Wed, 27 Nov 2024 14:59:05 GMT by HMRC Admin 20 Response
Hi,
Please have a look at BIM14010 - Trading income: trades, professions and vocations, which states
"Whether a trade exists in any given circumstances is a question to be decided on the facts of the case."   
We cannot make that decision in this forum.
Thank you.

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