Entrepreneurs' relief contract and completion

9     TCGA 1992 s 169I(4). Where there is a genuine business disposal linked to a genuine business cessation HMRC do not believe that entrepreneurs' relief would be unavailable because of the stipulation in TCGA 1992 s 28 regarding the date of disposal for unconditional contracts, which could make the disposal date fall before the cessation of the business; see CIOT Notice “Entrepreneurs' Relief—Technical points from HMRC forum”, 13 February 2012, Simon's Weekly Tax Intelligence 2011, Issue 7, p 366. See also www.tax.org.uk/media_centre/LatestNews-migrated/ER which provides more detail and an example. This differs from a response given to ICAEW Tax Faculty in 2009, but is now the HMRC settled view. A similar scenario under the old retirement relief legislation was covered by an extra statutory concession. For a case where the First-tier Tribunal held that a disposal met the requirements of TCGA 1992 s 169I(4), see J Rice v HMRC, [2014] UKFTT 0133 (TC), TC03273.