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Taxpayer Remained An Employee Following Resignation From Company

By Mark McLaughlin, November 2014
A taxpayer remained an employee throughout the relevant one-year period ending with his disposal of shares for entrepreneurs’ relief purposes, notwithstanding that he had previously resigned his position with the company.

Summary

The appellant remained an employee throughout the one-year period ending with his disposal of shares, notwithstanding that he had previously resigned his position with the company, and was eligible for entrepreneurs’ relief on the disposal.

Background

The appellant (H) disposed of his shares in a company on 7 July 2009. H had been joint managing director, and was also the business development director. However, the company experienced business difficulties, and to control costs H resigned his position with the company in December 2007.

After his resignation, H continued to be involved in sourcing new
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