Where an asset is sold, the date of the disposal for
CGT is the date
contract becomes binding
Where there is an unascertainable value, i.e. part
of the sale price is not known at the sale date, the
market value is used to establish the CGT due
with a further calculation made when the final
payment takes place
disposal proceeds between connected persons
will be the market value not the actual proceeds
The main exemptions to CGT
► Private motor vehicles
► NS&I products
► Government bonds (gilts) and qualifying
corporate bonds
► Foreign currency for personal use outside UK
What are Chattels
tangible, moveable property
non-wasting chattel where the value (not the gain) exceeds £6,000, tax may be due, restricted to the lower of:
► The actual gain
► 5/3 of the excess over £6,000
Wasting assets (Chattels)
(tangible movable property with an
expected life of less than 50 years) are exempt from
CGT unless they are plant and machinery
Private residence relief
Total gain x (period of main residence/total period
of ownership)
Exempt periods when calculating period of occupation
► Up to one year between purchase and moving in
► The last nine months of ownership
► Any period of living in job related accommodation
letting relief
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.
Letting Relief given will be the lower of
► £40,000
► The amount of PPRR you are eligible for
► The chargeable gain from the let part of the
property
Calculating the amount to be taxed if the asset is chargeable
► 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)
Business Asset Disposal Relief
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.
Holdover relief
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.
Holdover relief is only available
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.
EIS shares
entire gain can be deferred for CGT purposes until the EIS
shares themselves have been disposed of
SEIS shares
50% of the gain is immediately exempt from CGT,
with the remaining 50% being immediately assessable
for CGT
Investor Relief
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%.
Where due, CGT is payable by
31st January following the end of the tax year in question
Where IHT is due there are currently 4 rates:
► 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.
Liability to IHT for anyone who is long-term resident (LTR)
will be due on worldwide assets
The RNRB that can be claimed by an estate will be
reduced
by £1 for every £2 of excess estate over £2m
Gifts in consideration of marriage/civil partnership
£5,000 from parents.
£2,500 from grandparents/great grandparents etc.
£1,000 from anyone else
exempt gifts
► Gifts for the national benefit
► Gifts to registered charities, and
► Gifts to qualifying political parties
► Education & maintenance