Apology for the delay in getting back to you. Thank you very much for your response.
To start with the ER,
It appears that this sale would qualify for ER, therefore, applicable CGT rate is 10% only,
- you are director (or, worked for the company), assumed correct.
- company is a trading company, which is the case, and
- you have not already made capital gains of £10m in your life, in the past, assumed correct.
- All other conditions appear to have met.
The only potential issue as mentioned above is that - HMRC may argue that the co. is holding large 'cash' with no other business assets, therefore, an investment co. rather than a trading co.
This relatively modest risk can be minimised by having a business plan for the use of that cash, just in case queried by HMRC which is generally rare.
This is the only point of a slight concern, for ER.
I have dealt with cases with large 'cash' reserve in the balance sheet, and successfully claimed ER without any HMRC queries.
So, I am of the opinion that ER is available in your case.
If you wish to be fully assured, you might consider making a non-statutory business clearance application to HMRC for a trading status ruling on behalf of the company.
Link below for this:
Now, turning to the next point,
CGT rate with ER is always cheaper, compared to income tax. Therefore, you may wish it to be included as part of the sale price.
I trust the above clarifies.