RO3 LO2 Flashcards

(37 cards)

1
Q

Where an asset is sold, the date of the disposal for
CGT is the date

A

contract becomes binding

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2
Q

Where there is an unascertainable value, i.e. part
of the sale price is not known at the sale date, the

A

market value is used to establish the CGT due
with a further calculation made when the final
payment takes place

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3
Q

disposal proceeds between connected persons

A

will be the market value not the actual proceeds

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4
Q

The main exemptions to CGT

A

► Private motor vehicles
► NS&I products
► Government bonds (gilts) and qualifying
corporate bonds
► Foreign currency for personal use outside UK

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5
Q

What are Chattels

A

tangible, moveable property

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6
Q

non-wasting chattel where the value (not the gain) exceeds £6,000, tax may be due, restricted to the lower of:

A

► The actual gain
► 5/3 of the excess over £6,000

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7
Q

Wasting assets (Chattels)

A

(tangible movable property with an
expected life of less than 50 years) are exempt from
CGT unless they are plant and machinery

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8
Q

Private residence relief

A

Total gain x (period of main residence/total period
of ownership)

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9
Q

Exempt periods when calculating period of occupation

A

► Up to one year between purchase and moving in
► The last nine months of ownership
► Any period of living in job related accommodation

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10
Q

letting relief

A

can be claimed for period where the owner was not only resident in the property, but was also letting part of the property out.
relief will only apply if the owner was living in the property whilst it was being let out.

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11
Q

Letting Relief given will be the lower of

A

► £40,000
► The amount of PPRR you are eligible for
► The chargeable gain from the let part of the
property

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12
Q

Calculating the amount to be taxed if the asset is chargeable

A

► Determine the disposal proceeds
► Deduct the acquisition cost
► Deduct any costs in arranging for the purchase or
the sale and any costs of enhancements
► Offset any capital losses
► Deduct the annual exemption
► Apply the right tax rate(s)

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13
Q

Business Asset Disposal Relief

A

individual sells or disposes of all or part of a
qualifying business asset they have owned for at least two years
reduces the tax charge from 24% to 14% on lifetime gains of up to £1,000,000.

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14
Q

Holdover relief

A

Both the donor and the donee must claim it
together. The CGT is not avoided, it merely transfers to the
donee and could become chargeable when/if they
then dispose of the asset.

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15
Q

Holdover relief is only available

A

for relevant business assets to persons resident in the UK. If the donee
ceases to be UK resident within six years, the gain
becomes assessable on the donee. If the donee fails to pay, the donor becomes liable.

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16
Q

EIS shares

A

entire gain can be deferred for CGT purposes until the EIS
shares themselves have been disposed of

17
Q

SEIS shares

A

50% of the gain is immediately exempt from CGT,
with the remaining 50% being immediately assessable
for CGT

18
Q

Investor Relief

A

provides a relief from CGT for investors in unlisted trading companies.
Assuming the shares were newly issued, and held for
at least three continuous years prior to disposal, the
investor will be entitled to a lifetime limit of £1 million
for such gains, taxed at a lower CGT rate of 14%.

19
Q

Where due, CGT is payable by

A

31st January following the end of the tax year in question

20
Q

Where IHT is due there are currently 4 rates:

A

► 0% on estates up to the available nil rate band (NRB)
► 40% on estates above the available NRB
► 36% on estates above the available NRB
where at least 10% of the net estate is donated to charity
► 20% on chargeable lifetime gifts over the NRB in
the year the gift is made.

21
Q

Liability to IHT for anyone who is long-term resident (LTR)

A

will be due on worldwide assets

22
Q

The RNRB that can be claimed by an estate will be
reduced

A

by £1 for every £2 of excess estate over £2m

23
Q

Gifts in consideration of marriage/civil partnership

A

£5,000 from parents.
£2,500 from grandparents/great grandparents etc.
£1,000 from anyone else

24
Q

exempt gifts

A

► Gifts for the national benefit
► Gifts to registered charities, and
► Gifts to qualifying political parties
► Education & maintenance

25
Gifts to a non-LTR spouse/civil partner
non-LTR spouse/civil partner makes a gift to a LTR spouse , that gift will also be fully exempt from IHT. from a LTR spouse to a non-UK LTR individual the gift is not fully exempt
26
Chargeable lifetime transfers (CLTs)
gift where one individual’s estate goes down in value but no-one else’s estate rises in value and can result in an immediate lifetime inheritance tax charge
27
Potentially exempt transfers (PETs)
neither chargeable, nor exempt, this is a gift where one individual’s estate falls in value and another’s goes up in value
28
Taper relief serves to reduce only
tax on the gift, not the value of the gift itself
29
Quick Succession Relief (QSR) Calculation
(Net Gift Received/Gross Gift Received) x IHT paid x QSR %
30
Where a business qualifies for business relief, there are two rates:
► 100% for interests in unincorporated businesses or for any shareholding in Alternative Investment Market companies (AIM), EIS and SEIS ► 50% for controlling interests in fully listed companies or land, buildings, plant, or machinery used in connection with a business.
31
Agricultural Property Relief
applies to agricultural property situated in the EEA and applies to land, buildings, and growing crops relief is 100% for owner occupied farms and farm tenancies, and 50% for interests in let farms
32
A gift with reservation (GWR) arises when
someone gifts an asset, hoping to reduce an IHT liability, but continues to enjoy a benefit from that asset throughout their life.
33
Residence is
status in a given tax year , and therefore is determined separately for each tax year, from 6th April in one year to 5th April
34
Automatic Non-UK resident test
Have you been present in the UK for less than 16 days in the current tax year? Have you been present in the UK for less than 46 days in the current tax year Have you worked full-time overseas and been present in the UK for less than 91 day in the current tax year?
35
Automatic UK resident test
Have you been present in the UK for more than 183 days in the current tax year? Have you had a home in the UK for more than 91 consecutive days in the current tax year? Have you worked full-time in the UK in the current tax year?
36
For tax purposes, an individual would continue to be treated as UK domiciled for
three years after acquiring a domicile of choice
37
An individual will be deemed long-term resident (LTR) in the UK once they have been UK resident for
10 out of the last 20 tax years