BADR owned jointly.

My partner and I are not married nor in a civil partnership. We will be selling a FHL owned jointly. I have always elected to administer the business and to declare the income via self assessment. My partner is employed and is not registered for self assessment. Does the capital gain, which is eligible for BADR, need to to be divided equally, or can I make the declaration of a gain for the full amount?

Hi ,
 

If you have submitted a formal declaration stating that only 1 partner is the beneficial owner of the incme, then only 1 needs to declare. If no declaration has been submitted, both of you should have been declaring the rental income and will need to declare the capital gain . Thank you .

Thank you. The guidance seems to say that currently, it is married couples and civil partners who must make a declaration, and that unmarried couples can allocate the share of the business income or losses as they wish. Please will you comment on this and confirm that I have correctly understood the situation. If this is the case I assume that I would make the declaration for the full amount of the gain despite the fact that the property is owned jointly.

Hi peterthompson,
Spouses and civil partners are treated separately for Business Asset Disposal Relief.
Each person is entitled to relief up to the maximum lifetime limit of qualifying gains, provided the relevant conditions are satisfied.
Where you hold shares jointly with another person, whether that is your spouse, civil partner or someone else, in deciding whether the company is your personal company you are treated as holding the appropriate proportion of the total holding and associated voting rights. 
Thank you.