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Key definition
Enterprise definition

What does Enterprise mean? In legal practice, enterprise refers to the economic activities of a business, or a discrete part of those activities, that can operate as a going concern. In UK merger control and market investigations, the Enterprise Act 2002 defines enterprise as the activities, or part of the activities, of a business. The Competition and Markets Authority (CMA) asks whether two or more enterprises cease to be distinct, which can occur through a share acquisition or an asset purchase that brings together a functioning business unit (for example, staff, systems, contracts, goodwill and customer relationships). The analysis focuses on activities rather than...

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CSOPs: UK CGT on grant, exercise and disposal; option surrender; BADR; annual exemption and spouse transfers; and corporation tax relief

Practice notes
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Capital gains tax—basic principles

When someone disposes of an asset and realises a profit that is capital in nature, this could amount to a taxable capital gain. In assessing whether a liability to tax arises, there are several matters to review:

  • the asset, the act of disposal, and the individual making that disposal must each be of a kind that can fall within capital gains tax (CGT)
  • the ‘consideration minus costs’ calculation must produce a positive figure:
    • for more on computing the gain, see Practice Note: How is a capital gain calculated?
  • an exemption or relief might be available:
    • certain assets, and certain persons, are wholly outside CGT (see Practice Note: What is a capital gain?)
    • individuals are not chargeable to CGT to the extent that gains within a tax year do not exceed the annual exempt amount (AEA). Where taxable gains exceed the AEA, only the excess is charged
    • business asset disposal relief (BADR) may apply (see Practice Note: Business asset disposal relief and share options), and
    • option holders may also be able to use their partner's AEA via spouse transfers, and...
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Web page updated on 21/05/2026

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