7 - Individual Taxation Flashcards

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1
Q

Key terminology relating to taxation in BLP.

A

Annual exemption: For CGT: A tax allowance for individuals only.

Annual investment allowance: A special type of capital allowance.

Available tax reliefs: Certain payments which reduce an individual taxpayer’s Total Income eg interest on certain loans and pension contributions (relevant for income tax only).

Business Asset Disposal Relief: A tax relief available to individuals in certain circumstances to reduce their chargeable gains. It was formally known as “Entrepreneurs’ Relief” or “ER”.

Capital allowances: Tax allowances (ie deductions) for capital expenditure available to businesses (whether run by individuals or companies).

Capital gains tax (CGT): A tax paid by individuals on their taxable chargeable gains.

Corporation tax: A tax paid by companies on their taxable total profit (TTP).

Current year basis: Income tax is charged on the current year basis. This means that income earned in this current year (from 6 April 2024 to 5 April 2025) will be taxed in, and according to, the rates applicable to the tax year 2024/25. (See definition of ‘Tax year’ below.)

Deduction of tax at source: In some circumstances the payer of certain sums is obliged to deduct tax when making a payment eg deductions of income tax by employers (the PAYE system).

Dividend allowance: A band of tax free dividend income available to individuals for income tax purposes.

Financial year: Companies are assessed to corporation tax by reference to financial years (rather than calendar years). The financial year begins on 1 April in one calendar year and ends on 31 March in the next calendar year. A company’s accounting period can differ from the financial year.

Gross sums and net sums: A gross sum is the total sum before tax is levied. A net sum is the amount left after tax has been paid/deducted.

HMRC: HM Revenue & Customs, the body responsible for collection of all UK taxes covered in this Topic.

Income tax: A tax paid by individuals on their Taxable Income.

Indexation allowance: A tax allowance (ie deduction) for indexation available to companies in calculating their chargeable (ie capital) gains. This allowance takes into account inflation based on the Retail Price Index (“RPI”), so that a company is not taxed on chargeable gains arising solely because of inflation. Indexation allowance was frozen on 31 December 2017 and cannot be claimed for any period commencing on or after 1 January 2018.

Investors’ Relief (IR): A tax relief available to individuals in certain circumstances to reduce their chargeable gains.

Net Income: Total Income less available tax relief.

Non-savings income: Income which is not savings or dividend income such as salary (relevant for income tax only).

Pay As You Earn (PAYE): The system under which income tax and employees’ national insurance contributions are deducted at source (ie by the employer) from payments of salary and other employment income to employees.

Personal allowance: A band of tax-free income for individuals (relevant for income tax only).Personal savings allowance: A band of savings income available for basic and higher rate taxpayers which is taxed at the savings nil rate (relevant for income tax only).

Savings income: Income from savings, such as interest (relevant for income tax only).

Taxable income: Net Income less the personal allowance (relevant for income tax only).

Tax year: Individuals are assessed to tax by reference to tax years rather than calendar years. The tax year begins on 6 April in one year and ends on 5 April in the next year.

Total Income: A taxpayer’s gross income from all sources before any deductions (relevant for income tax only).

TTP: Taxable total profits, chargeable to corporation tax. The total of a company’s taxable income profits and chargeable gains.

Value Added Tax (VAT): A tax collected by registered businesses chargeable on supplies of goods and services.

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2
Q

What is the difference between direct and indirect taxes?

A

Income tax, CGT, and corporation tax are examples of direct taxes whilst VAT is an example of an indirect tax.

Direct taxes are imposed by reference to a taxpayer’s circumstances. For example, CGT is assessed by reference to an individual’s chargeable gains calculated on the basis of that individual’s circumstances.

Indirect taxes are imposed by reference to transactions eg VAT is chargeable by reference to the value of supplies of goods or services provided.

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3
Q

What is the difference between a receipt and an expense?

A
  • A receipt is money (of whatever nature) that is paid to the business and is often referred to as income.
  • An expense is money the business pays out.

It is necessary to distinguish income receipts from capital receipts and income expenditure from capital expenditure, as income expenditure can only be deducted from income receipts, and capital expenditure can only be deducted from capital receipts to reduce the overall tax bill (with exceptions regarding capital allowances).

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4
Q

What are income receipts and capital receipts?

A

Income receipts are regular payments received by the business, such as:
- Trading profits
- Interest paid by a bank on savings
- Rent received by a landlord

Capital receipts are from transactions that are not part of regular activity, such as:
- Gains from selling premises owned by a business, like a newsagent selling the property it operates from.

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5
Q

What are income expenditure and capital expenditure?

A

Income expenditure is money spent as part of day-to-day trading, including:
- Bills for heating, lighting, rent, marketing, stationery, staff wages
- General repairs
- Interest payable on loans

Capital expenditure is money expended to purchase a capital asset for the business or for enduring benefit, such as:
- Buying equipment, machinery, or property
- Enhancing a capital asset beyond routine maintenance

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6
Q

Why is it necessary to make the distinction between income and capital expenditure?

A

The distinction is necessary because income expenditure can be set off against income receipts in a business context to reduce the overall tax bill.

Formula: Income receipts – Income expenditure = Trading profits

Capital expenditure, on the other hand, can only be deducted from capital receipts in most cases.

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7
Q

When can relief for capital expenditure be deducted?

A

Relief for capital expenditure can generally only be deducted for tax purposes when a capital asset is disposed of (e.g., sold or gifted).

A proportion of the cost of some capital assets can be set off against trading profits during the asset’s life via capital allowances.

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8
Q

What are capital allowances?

A

Capital allowances spread the cost of capital expenditure on certain capital items over a period of time.

A proportion of the capital expenditure is deducted from income receipts over time, allowing some capital expenditure to be deducted from income receipts.

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9
Q

How is tax assessed?

A

Individuals are assessed to income tax and capital gains tax on the basis of a tax year, which runs from 6 April to 5 April.

Companies pay corporation tax on all income profits and chargeable gains arising in each accounting period, and they are assessed on the basis of a financial year, which runs from 1 April to 31 March.

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10
Q

What is the PAYE system?

A

Under PAYE (Pay As You Earn), the payer of a taxable sum deducts the tax due and accounts for it to HMRC on the recipient’s behalf.

The recipient receives the sum net of tax.

An example is income tax deducted from an employee’s wage or salary by an employer, who accounts for this tax to HMRC. The employee receives the wage or salary net of income tax.

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11
Q

Provide a summary of the general taxation principles.

A
  • Income vs capital: it is important to distinguish between income receipts and expenses and capital receipts and expenses so that the correct tax treatment can be applied and the correct amount of tax paid.
  • Capital allowances: a regime that allows certain types of capital expenditure to be deducted when calculating income receipts, thereby reducing the taxpayer’s tax bill.

Assessment of tax:
* Individuals are assessed to tax by reference to the tax year; and
* Companies are assessed to tax by reference to the financial year (companies can choose an accounting period that does not match the financial year but will still have to calculate tax due for each financial year).
* Deduction of tax at source: certain payments require the payer to deduct the tax (which would ordinarily be payable by the recipient) from the payment and account for the tax to HMRC on behalf of the recipient.

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12
Q

What are the two methods by which HMRC assesses and collects income tax?

A
  • Self-Assessment

It is up to the individual to calculate the tax bill, not HMRC. Not all individuals are required to complete a self-assessment tax return.
E.g., employed individuals with uncomplicated tax affairs are not required to complete a self-assessment tax return because their tax is calculated via the PAYE system.

Directors, high, and additional rate tax payeres and self-employed people are individuals who are always required to complete a self-assessment tax return.

  • Deduction at source.

Used where the payer of a taxable sum is obliged to deduct tax and account for it to HMRC. The recipient of the taxable sum receives it ‘net of tax’. One example is the PAYE system.

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13
Q

Which three key terms are essential for calculating a simple personal tax computation for an individual taxpayer in a non-business context?

A

Total Income: A taxpayer’s gross income from all sources.
Net Income: Total Income less available tax reliefs.
Taxable Income: Net Income less the personal allowance

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14
Q

What is the summary of the income tax calculation process?

A

Step 1 - Calculate Total Income

Step 2 - Deduct available tax reliefs (interest on qualifying loans and pension contributions) = Net Income

Step 3 - Deduct Personal Allowance (reduced by £1 for every £2 of net income above £100,000) = Taxable Income

Step 4 - Split the Taxable Income into Non-Savings, Savings and Dividend Income
NB. Taxable Income less (Savings Income and Dividend Income) = Non-Savings Income

Step 5 - Calculate whether the Personal Savings Allowance (PSA) is available (i.e. looking at the Taxable Income figure to see which income tax band it ends in)

Step 6 - Apply relevant tax rates

Step 7 - Add together the amounts of tax calculated at Step 6 = Total tax liability

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15
Q

Step 1 - How do you calculate a taxpayers total income?

A

This is a taxpayer’s total gross income from all sources. To calculate this, we need to add together all the receipts from all the sources of income of that particular individual. This does not include one off transactions.

Income received after tax deductions (net of tax) must include the gross amount in the Total Income calculation, known as “grossing up”.

Savings:
Interest on savings is subject to income tax; however, some taxpayers benefit from a personal savings allowance:
- Basic rate taxpayers: first £1,000 of interest taxed at 0%.
- Higher rate taxpayers: first £500 of interest taxed at 0%.
- Additional rate taxpayers do not receive a personal savings allowance.

Dividends:
Companies pay dividends from profits already taxed at corporation tax. A dividend allowance means no tax is paid on the first £500 of dividend income (previously £1,000 before 6 April 2024), applicable to all taxpayers regardless of non-dividend income.

Benefits in kind:
Employees may receive benefits in kind (e.g., health insurance, company cars) in addition to salary.
Cash payments are subject to PAYE deductions; benefits in kind are taxed as income but not deducted under PAYE. Instead, employers must report these to HMRC, and employees include them on tax returns if they complete one.
Benefits in kind must be included in the individual’s Total Income.

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16
Q

Step 2 - How is a taxpayer’s net income determined?

A

Once Total Income has been calculated, the next stage is to deduct available tax reliefs to establish the taxpayer’s Net Income.

  1. Interest paid on qualifying loans.

Not to be confused with interest received by the individual from a bank on savings held at the bank. This interest is the interest an individual must pay TO the bank as the cost of receiving certain qualifying loans from the bank.

Interest on qualifying loans is a form of tax relief because it can be deducted from Total Income to reduce the amount of income subject to tax, thereby reducing the tax bill.

The amount of the interest paid on these loans must be deducted from the taxpayer’s Total Income in order to determine the taxpayer’s Net Income.

Qualifying loans include:
- loans to buy an interest in a partnership;
- loans to contribute capital or make a loan to a partnership;
- loans to buy shares in (or make a loan to) a ‘close’ company
- loans to buy shares in an employee-controlled company or invest in a co-operative.

  1. Pension Scheme Contributions:

Many individuals pay contributions into a pension scheme, either a scheme set up by their employer (an occupational pension scheme) or a personal pension scheme. Such contributions have the benefit of relief from income tax, subject to certain limits.

Relief on pension contributions is given as follows: An amount equivalent to the pension scheme contributions made by a taxpayer during the tax year is deducted from their Total Income for that year (ie at the same time as interest on qualifying loans).

Note: There are limits to the amount an individual can pay into their pension scheme each year. Most contributions made by an employer to an employee’s pension scheme will be exempt from income tax. Certain charitable donations are also eligible for tax relief.

Example: A woman bought an interest in a catering business which is run as a partnership with two others. In order to do so, she took out a bank loan on which the annual interest payments are £3,000. The woman also paid £2,500 into her personal pension scheme. The woman’s annual income from the partnership for the 2024/25 tax year is £56,000.

The woman’s Net Income would be calculated as follows:
- Total income: £56,000 (annual income)
- Less Tax reliefs:
- £3,000 (interest paid on bank loan – this is a “qualifying loan”)
- £2,500 (pension contributions)
- Net Income: £50,500

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17
Q

Step 3 - How do you calculate a taxpayers taxable income (- personal allowance)?

A

Once net income has been calculated, the next stage is to deduct the taxpayers Personal Allowance to ascertain the taxpayers Taxable Income.

The personal allowance for the tax year 2024/25 is £12,570. The amount of this allowance is reduced by £1 for every £2 of Net Income above £100,000.

Example: If a woman had a net income of £50,000, her taxable income would be £37,930 less after taking away the personal allowance of £12,750.

The personal allowance of £12,570 is reduced by £1 for every £2 of Net Income above £100,000. This means that individuals with Net Income of £125,140 and above will lose the benefit of the personal allowance completely. To work out the reduced allowance for individuals with Net Income between £100,001 and £125,000, follow this formula:

£12,570 – [(Net Income - £100,000) / 2] = reduced allowance

Example: Net Income: £110,000
Less Personal Allowance Calculated by:
£12,570 – [(£110,000 - £100,000) / 2]
i.e. £12,570 – 5,000
= £7,570 (amount of reduced allowance)
Taxable Income = £110,000 - £7,570 = £102,430

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18
Q

What is the significance of step 4 in the income tax calculation, particularly regarding spltting the taxable income for non-savings income?

A

It is CRITICAL that the different types of income (non-savings, savings, and dividend income) are separated at this point as they MUST be taxed in the order of non-savings, then savings, and then dividend income, as different tax rates apply to each type of income.

In order to calculate non-savings income:
- Deduct the savings and dividend income figures from the Taxable Income.
- Formula: Taxable Income LESS Savings Income LESS Dividend Income = Non-Savings Income.

The tax rates for the different income types in 2024/25 are as follows:
Basic rate (Taxable income: £0 - £37,700):
- Non-savings: 20%
- Savings: 20%
- Dividends: 8.75%

Higher rate (Taxable income: £37,701 - £125,140):
- Non-savings: 40%
- Savings: 40%
- Dividends: 33.75%

Additional rate (Taxable income: £125,140+):
- Non-savings: 45%
- Savings: 45%
- Dividends: 39.35%

The savings rates are applied AFTER the personal savings allowance has been applied.

Dividend rates are applied AFTER the nil rate has been applied to the first £500 of dividend income. The nil rate applies to ALL individuals irrespective of the level of their taxable income. For the year 2023/24, the nil rate for dividend income applied to the first £1,000 of dividend income.

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19
Q

What are the tax rates for different income types in the year 2024 to 2025?

A

The tax rates for the different income types in 2024/25 are as follows:
Basic rate (Taxable income: £0 - £37,700):
- Non-savings: 20%
- Savings: 20%
- Dividends: 8.75%

Higher rate (Taxable income: £37,701 - £125,140):
- Non-savings: 40%
- Savings: 40%
- Dividends: 33.75%

Additional rate (Taxable income: £125,140+):
- Non-savings: 45%
- Savings: 45%
- Dividends: 39.35%

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20
Q

How does step 5, following the Personal Savings Allowance affect the calculation of a taxpayer’s income tax?

A

Savings income is taxed at 0% (the savings nil rate) for the first £1,000 (if the taxpayer’s entire Taxable Income is within the basic rate band) or the first £500 (if the taxpayer’s entire Taxable Income exceeds the basic rate band but does not exceed the higher rate band, ie is not over £125,140).

There is no savings nil rate for taxpayers whose Taxable Income exceeds the higher rate band (over £125,140).

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21
Q

Following step 6 and 7, how are tax rates applied and added together when calculating a taxpayer’s total tax liability in the context of income tax?

A

Tax rates are applied in the following order for different types of income (non-savings, savings, and dividend) and then summed to determine the total tax liability.

Example 1:
A woman has Taxable Income of £37,930, which is entirely non-savings income. Her income is taxed as follows:
- 20% on the first £37,700 = £7,540
- 40% on the remaining £230 = £92
- Total tax payable = £7,632
Note: The woman’s non-savings income crossed over the basic and higher rate bands, so the income is apportioned accordingly. Always use up the lower bands first.

Example 2:
A man receives a salary of £75,000, benefits in kind of £450, pays pension contributions of £3,000, earns £2,000 in interest on savings, and £2,500 in dividends.

Step 1: Calculate Total Income
- Salary: £75,000
- Benefits: £450
- Interest: £2,000
- Dividends: £2,500
- Total Income = £79,950

Step 2: Calculate Net Income
- £79,950 (Total Income) LESS £3,000 (pension contributions) = Net Income = £76,950

Step 3: Calculate Taxable Income
£76,950 (Net Income) LESS £12,570 (personal allowance) = Taxable Income = £64,380

Step 4: Split the Taxable Income
£64,380 (Taxable Income) LESS £2,500 (dividends) LESS £2,000 (savings) = Non-savings Income = £59,880

Step 5: Apply the personal savings allowance (PSA)
As a higher rate taxpayer, he is entitled to the first £500 of savings income at 0%.

Step 6: Apply the relevant tax rates
Non-savings Income (£59,880)
£0 to £37,700 @ 20% = £7,540
The balance of £22,180 @ 40% = £8,872
Total tax on non-savings income = £16,412 (i.e. £7,540 + £8,872)

Savings Income (£2,000)
£500 @ 0% (PSA applied)
Balance of £1,500 @ 40% = £600
Total tax on savings income = £600

Dividend Income (£2,500)
£500 @ 0% (nil rate band applied)
Balance of £2,000 @ 33.75% = £675
Total tax on dividend income = £675

Step 7: Add the tax amounts together
£16,412 (non-savings) + £600 (savings) + £675 (dividend) = Total tax payable = £17,687

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22
Q

How does the ‘cake’ method help in understanding the income tax calculation process?

A

The ‘cake’ method provides another way to look at applying the different tax rates to the different bands of income in calculating income tax.
1. Non-savings income is the base layer.
2. Savings income is the cream filling.
3. Dividend income is the top layer.

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23
Q

How is the income tax due for the year calculated?

A

At the end of the personal tax computation, the total amount of tax the individual taxpayer should pay for the year is established. This calculation considers:

  • Income tax already paid through the PAYE system for employed individuals with little other income.
  • Any remaining income tax to be paid must be settled by a final payment to HMRC.
  • If the amount due is small, it may be recovered by HMRC through an adjustment to the taxpayer’s PAYE tax code for the following tax year.
  • If the taxpayer has overpaid tax during the year, they will receive a tax refund from HMRC.

National Insurance Contributions (NICs) are also deducted through PAYE but do not affect the personal income tax computation.

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24
Q

How is income tax liability calculated for a higher rate taxpayer at the end of the year?

A

In the case of a higher rate taxpayer with income made up of non-savings, savings, and dividends, the tax is calculated in the following steps:

Non-savings income:
Tax 20% on the first £37,700 = £7,540
Tax 40% on the balance (£39,600 - £37,700) = £760

Savings income:
Tax 0% on the first £500 (personal savings allowance) = £0
Tax 40% on the balance (£5,000 - £500) = £1,800

Dividend income:
Tax 0% on £100 (dividend allowance) = £0
Total tax liability: £7,540 + £760 + £1,800 = £10,100

If £9,000 has already been deducted from the taxpayer’s salary through PAYE, the remaining tax due is £1,100 (£10,100 - £9,000).

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25
Q

What is the purpose of anti-avoidance legislation in relation to income tax?

A

A certain amount of tax legislation has been developed by successive governments in order to put a stop to loopholes which have been exploited by taxpayers seeking to reduce or eliminate their tax liabilities. HMRC and the courts are increasingly hostile towards tax avoidance schemes.

In relation to income tax, you should be aware that a taxpayer cannot reduce their income tax liability by making gifts of certain income-producing items eg shares (which give rise to dividends) or a lump sum (which gives rise to interest) to their children. Instead, under special legislation often referred to as the ‘settlements’ legislation the income is treated as remaining with the taxpayer who made the gift.

26
Q

A taxpayer has received £5,000 in respect of interest on a savings account they have with an online bank. They already have taxable income (which is all non-savings income) of £35,000. The current basic rate tax threshold is £37,700.

Which of the following statements represents the correct amount of tax the taxpayer should pay on the interest?

A

The correct calculation is:
- Interest 5,000 Other non-savings income 35,000
- Available Basic Rate (37,700 – 35,000) 2,700 Interest will be taxed as follows: £500 @ 0% PSA nil rate £0
- Remaining Basic Rate (2,700-500) 2200 @ 20% £440
- Higher rate for remaining 2,300 @ 40% £920

Total tax payable on savings £1,360

27
Q

A taxpayer is a partner in a small catering business. The following information relates to their income and other related tax affairs for the current financial year.

· Trading profits for tax purposes £73,000
· Savings related income £2,250
· Receipt of £5,000 from the sale of a painting
· Dividend on shares in ICR Plc £1,000
· Contributions made by the taxpayer into a personal pension scheme £5,000
· Interest on a loan the taxpayer took out to inject further capital into the business £3,500 per annum

What is the taxpayer’s net income?

A

Add up all of the sources of income to work out Total Income - trading profit of £73,000, plus savings income of £2,250 and dividend income of £1,000 = £76,250.

To work out the Net Income figure, you subtract available tax reliefs, which in this case are the pension contributions of £5,000 and the interest on the loan to invest in the business of £3,500 = £8,500.

£76,250 - £8,500 = £67,750 (Net Income).

The receipt of £5,000 for the sale of the painting is a one off transaction and so is a capital receipt, not income.

28
Q

A man is to receive a cash dividend of £35,000 in the current tax year. He has other taxable income of £26,225 (all of which is non-savings income).

Which one of the following options is the correct amount of tax payable to HMRC by the man on the dividend he receives?

(round down your figures to the nearest pound at each stage of your calculation)

A

The correct calculation is:
- Dividend £35,000 Other non-savings income £26,225
- Available - Basic Rate (£37,700 - £26,225) £11,475
- Dividend will be taxed as follows: £500 @ 0% dividend nil rate £0 Remaining Basic Rate (£11,475 - £500) £10,975 @ 8.75% £960 Higher rate for remaining(£35,000 - £500 - 10,975) £23,525 @ 33.75% £7,939

Total tax payable on dividend £8,899

29
Q

Provide a summary of income tax.

A
  • Income tax is charged at different tax rates. The rate to be applied will depend upon (i) the type of income and (ii) which band the income falls into (basic, higher or additional rate bands).
  • Individuals pay income tax on their salaries via the PAYE.
  • Any tax deducted at source (such as PAYE) has effectively already been paid and must be deducted from the tax liability before payment of the tax is made to HMRC.
  • Each individual is entitled to an annual Personal Allowance. The personal allowance is reduced by £1 for every £2 of net income above £100,000. If Net Income is £125,140 or above, none of the PA is available.
  • Some individuals have the benefit of the Personal Savings Allowance. For basic rate taxpayers, the first £1,000 of savings income is taxed at the savings nil rate and for higher rate taxpayers, the first £500 is taxed at the savings nil rate of 0% (in each case after the starting rate for savings has been applied, if applicable).
  • The first £500 of dividend income for all taxpayers is taxed at the dividend nil rate of 0%.
30
Q

What is CGT and when is it charged?

A

The idea behind Capital Gains Tax (‘CGT’) is to tax the profit that a person might make from disposing of a capital asset which has appreciated (increased) in value during their period of ownership.

CGT is charged where there is:
- A Chargeable Disposal
- Of a Chargeable Asset
- By a Chargeable Person
- Which gives rise to a Chargeable Gain.

CGT is charged on all gains made in therelevant tax year (i.e. 6 April to 5 April).

The tax is payable on or before 31 January following the tax year in which the disposal occurs. This is the same date as for the final payment (or refund) of income tax for the year.

31
Q

What is a chargeable disposal under CGT?

A

The two main instances of disposal are as follows:
- The sale of an asset; and
- The gift of an asset during the tax payer’s lifetime.

There is no chargeable disposal on death. The personal representatives of the deceased’s estate are deemed to acquire the estate at its then market value. This is commonly known as ‘a free uplift on death’.

32
Q

What is a chargeable asset under CGT?

A

All forms of property are included in the definition of asset unless they are specifically excluded.

The main types of asset excluded from CGT are:

Principal private residence (‘PPR’): An individual can claim the benefit of this exemption from CGT if they have occupied the PPR as their only or main residence during the whole period of ownership, though the individual also has a valuable exemption in respect of the last 9 months of ownership even if they were not in actual occupation. In cases where an individual owns more than one home it is a question of fact as to which of the residences is the PPR. A married couple can only have one PPR between them: they cannot each have a different principal place of residence (unless separated);

Motor cars for private use, including vintage cars;

Certain investments, such as government securities, National Savings certificates, shares and securities held in Individual Savings Accounts (ISAs) and life assurance policies; and

UK sterling and any foreign currency held for your own or your family’s personal use.

33
Q

What is a chargeable gain under CGT?

A

A gain needs to have been made when disposing of the asset and in calculating the chargeable gain, the starting point is always the consideration received (or deemed to have been received). The appropriate rate of CGT (either 20% or 10% unless it is an upper rate gain - see further below) is then applied to the chargeable gain.

Disposals to charities are treated as made on a no gain/no loss basis. Gains made by charities are exempt provided that the gain is applied for charitable purposes.

34
Q

How are disposals between spouses treated for CGT purposes?

A

When one spouse disposes of an asset to the other, legislation deems that neither a gain nor a loss has occurred, so no CGT is payable. In effect, the spouse receiving the asset takes over the base cost (ie the original cost of the asset to the transferring spouse) of the spouse who disposed of it.

This is the case for spouses or civil partners notwithstanding disposals between connected persons (see later).

Example A husband bought shares in a company for £4,000 in May 2020 and three years later gave the shares to his wife. For CGT purposes, there is no capital gain (or loss) on this ‘disposal’ by the husband: the wife in effect acquires the shares at a value of £4,000 with an acquisition date of May 2024.

35
Q

What are the different types of consideration received for a disposal?

A
  1. Disposals at arm’s length
    Where there is a sale ‘at arm’s length’, the consideration received will be the price paid by the buyer when the asset is sold.
  2. Disposals between connected persons
    If the parties are connected persons, HMRC will deem the seller to have received market value irrespective of the actual sale proceeds.

‘Connected Persons’ include:
- The individual’s relatives and spouses of their relatives. Relatives are direct ancestors (parents and grandparents), lineal descendants and brothers and sisters but not ‘lateral’ relatives, eg uncles, aunts, nephews, nieces.
- Companies, if they are under common control.
- Partners in business.
- Note - this does not include a disposal to an individual’s own spouse.

Example: A woman bought shares in 2003 for £5,000 and sold them to her daughter for the same price in 2024. The shares were worth £40,000 at the time of sale. For CGT purposes, the woman is deemed to have disposed of the shares for £40,000 and will be liable for CGT accordingly.

  1. Disposals at an undervalue
    If the transaction is between unconnected persons and at an undervalue, then for CGT purposes, the sale is deemed to be at the market value at the date of disposal. Note, however, HMRC will not substitute market value if the seller has simply made a bad bargain.
  2. Gifts
    Where a gift is made, the donor will be deemed to have received the market value of the asset at the date of the gift.
36
Q

What calculation must be followed to calculate the chargeable gain made by the seller?

A

In order to calculate the chargeable gain made by the seller the following basic calculation must be followed:

Consideration Received - Sale proceeds (or market value) = X

Less: Allowable Expenditure (eg original purchase cost) – (X)

= Gain

Example: A man purchased a sailing boat to use on his holidays on the Isle of Wight for £100,000 in May 2019. He found that he did not enjoy sailing as much as he expected to and in May 2024 sold the boat for £130,000
The man’s gain on the sale is £30,000:
Sale proceeds £130,000
Less: original purchase price (£100,000)
Gain: £30,000

37
Q

What are the three types of allowable expenditure that can be deducted from the consideration received?

A

These deductions enable the taxpayer to minimise the gain made and therefore the tax payable. The categories of expenditure are as follows:

Disposal expenditure: Incidental costs of disposal (eg agents’ commission).

Initial Expenditure: The cost price of the asset (the ‘base cost’); and
The incidental costs of acquisition (eg surveyors’ fees/lawyers’ fees).

Subsequent expenditure: Subsequent expenditure on the asset which enhances its value; and expenditure incurred in establishing, preserving or defending title to the asset.

38
Q

How do you calculate the gain when including all forms of allowable expenditure?

A

To calculate the chargeable gain made by the seller all of the allowable expenditure needs to be included in the calculation as follows:

Sale proceeds (or market value)
Less disposal expenditure
= Net sale proceeds

Less initial expenditure
Less subsequent expenditure
= Chargeable gain

39
Q

How can capital losses be used by a taxpayer to reduce CGT liability?

A
  • A capital loss occurs where the cost of an asset exceeds the consideration received.
  • Capital losses arising in the same tax year must be set off against gains made in the same year.
  • Where there are insufficient gains in the same tax year, the losses can be carried forward and set off against gains made in future tax years.
  • There is no time limit for carrying forward capital losses, but losses must be set off against the first available gains.
  • There are limits to how much an individual may claim in loss relief in certain circumstances.
40
Q

What is annual exemption (‘AE’)?

A

Every individual is entitled to an annual exemption.

The annual exemption for the current tax year is £3,000, it was £6,000 in the previous tax year.

This means that all individuals are entitled to make up to £3,000 of gains tax free in this tax year.

Companies do not have the benefit of any AE.

41
Q

How is tax payable on the gain calculated for individuals?

A

There are two rates of CGT: 10% and 20% (unless the gains are upper rate gains):
- Basic rate taxpayers pay 10% CGT, and higher and additional rate taxpayers pay 20%.
- It is important to have calculated a person’s income tax prior to their capital gains tax in order to establish this.

The details of the calculation are as follows:
- Where an individual’s Taxable Income plus total taxable chargeable gains after all allowable deductions (including losses and the Annual Exemption) is less than the basic rate tax threshold of £37,700, the rate of CGT will be 10%.
- Where an individual’s Taxable Income exceeds the basic rate tax threshold of £37,700, the CGT rate will be 20%.

Where an individual’s Taxable Income is less than the basic rate tax band threshold of £37,700 but after the gains are added, the combined total exceeds the threshold:
- That part of the gains within the unused part of the basic rate tax band will be charged to CGT at 10%, and
- Any part that exceeds the threshold will be charged at 20%.

Note: Certain gains, known as ‘upper rate gains,’ are charged at 18% or 28%, for example, disposal of a property that is not a Principal Private Residence (PPR).

42
Q

How is tax payable on gains calculated for companies and charities?

A

All gains realised by companies are calculated according to similar principles as those applying to CGT, with certain exceptions (e.g., companies qualify for indexation allowance for inflationary gains up to December 2017 but do not have an annual exemption).
- Such gains are taxed at corporation tax rates.
- Companies do not pay CGT; they pay corporation tax. Therefore, in relation to gains made by companies, reference should be made to ‘corporation tax on chargeable gains’ rather than CGT.
- Charities are generally exempt from paying CGT.

43
Q

How is the capital gains tax (CGT) calculation summarised?

A

In order to calculate an individual’s capital gains tax liability correctly the following formula should be used:

Sale proceeds/market value: A
Less disposal expenditure: (B)
= Net Sale Proceeds: C

Less initial expenditure: (D)
Less subsequent expenditure: (E)
= Total Chargeable Gain: F

Less carried forward or carried-across losses: (G)
Less annual exemption: (3,000)
= Taxable Chargeable Gain: H

Apply CGT to the Taxable Chargeable Gain (H) at the appropriate rate (10% or 20%)

44
Q

What is Business Asset Disposal Relief (BADR) and what type of disposals qualify for it?

A

Business Asset Disposal Relief reduces the higher rate of CGT from 20% to 10% for gains arising on qualifying disposals. The reduced 10% rate of CGT is applied to the Taxable Chargeable Gain (i.e. the gain after all allowable deductions, losses, and the annual exemption).

A qualifying disposal is a disposal of:
- all or part of a trading business;
- assets in a business that used to trade;
- shares in a trading company; or
- shares in a company that used to trade,

Where, in each case, certain conditions are satisfied for BADR to apply.

45
Q

What are the conditions for qualifying disposals under Business Asset Disposal Relief (BADR)?

A

For all or part of a business:
- The business must be a trading business, and
- It must have been owned for at least two years prior to disposal.

For assets used in a business that used to trade:
- The business must have been owned for at least two years before it ceased to trade,
- The assets must have been used in the business when it ceased trading, and
- The assets must be disposed of within three years of the business ceasing to trade.

For shares in a company:
- The company must be a trading company for at least two years prior to disposal,
- The shares must have been held for at least two years, and
- The person must have been an officer or employee with at least 5% of the ordinary voting shares, 5% of the profits, and 5% of the net assets on a winding up.

For shares in a company that used to trade:
- The shares must have been held for at least two years before the company ceased trading,
- The person must have held 5% of the voting shares, profits, and assets for at least two years, and
- The shares must be disposed of within three years of the company ceasing to trade.

Note: BADR is not automatic; a claim must be made on or before the first anniversary of 31 January following the tax year in which the relevant disposal occurs.

46
Q

What is the Business Asset Disposal Relief lifetime allowance?

A

Business Asset Disposal Relief gives each individual a lifetime allowance, which is set at £1 million.

This means that the first £1 million of qualifying gains that an individual makes in his lifetime can be charged to CGT at a reduced rate of 10%.

An individual can make as many qualifying claims as they like during their lifetime until their cumulative gains reach the £1 million lifetime limit. Any gains beyond the £1 million lifetime allowance will be charged to CGT at either 10% or 20% (depending on the rate at which the individual pays CGT; see below).

Example: If the Taxable Chargeable Gain (ie the gain after all allowable deductions, losses and the annual exemption) is £150,000 and Business Asset Disposal Relief applies, a rate of 10% CGT will be applied to that figure. So the calculation would be:

Taxable Chargeable Gain = £150,000
CGT @ 10% = £15,000

Business Asset Disposal Relief is not available in respect of investment businesses or companies. This means that the disposal of a buy-to-let property investment or other non-trading business will not qualify for Business Asset Disposal Relief.

47
Q

What is Investors’ Relief (IR)?

A

IR was introduced to give a benefit to investors in unlisted trading companies who hold their shares for at least three years.

IR reduces the higher rate of CGT from 20% to 10% for gains arising on disposals of qualifying shares, subject to a lifetime limit of £10 million.

Shares will be qualifying shares if the following conditions are met:
* The shares are fully paid ordinary shares and were issued to the individual for cash consideration on or after 17 March 2016;
* The company is (and has been since the shares were issued) a trading company or the holding company of a trading group;
* At the time of issue of the shares, none of the company’s shares were listed on a recognised stock exchange;
* The shares are held by the individual for at least three years from 6 April 2016 (and continuously since issue); and
* The individual (or any connected person) is not (nor at any time has been from the date of issue of the shares) an officer or employee of the company (or any connected company).

48
Q

What is rollover relief (replacement of business assets relief)?

A

This is another relief which defers liability to CGT.

To avoid having to pay CGT each time certain business assets are sold and replaced, a taxpayer can elect to postpone the CGT liability it realises on the sale of such an asset by ‘rolling over’ the gain into the replacement asset.

This applies to land and buildings, fixed plant and machinery and goodwill. The new asset need not necessarily be of the same type as the old one. It merely needs to be within the list of qualifying assets.

The effect of the relief is that any gain arising from a disposal of a qualifying asset is carried forward and ‘rolled’ into the cost of a qualifying replacement asset. The acquisition cost of the replacement asset is reduced by the amount of the gain being rolled over. It can be expenditure that enhances the value of the asset.

Therefore, any tax relief is postponed until the replacement asset is sold and no new qualifying replacement asset is purchased in its place.

It is possible to roll over gains indefinitely provided sufficient qualifying assets are bought within the time limits.

The annual exemption cannot be used to reduce the gain rolled over.

49
Q

What is gift of business assets relief (hold-over relief)?

A

This is another relief which defers liability to CGT.

Where an individual gives away a business asset, the donor (the person making the gift) and donee (the person receiving the gift) can claim hold-over relief. As a transfer at an undervalue or gift, the market value rule will apply. The donor will have no liability to CGT but the donee’s acquisition cost for CGT purposes is reduced by the amount of the donor’s deemed gain.

In effect the CGT liability is postponed until the donee ultimately disposes of the asset (although further hold-over relief can be claimed if the donee then gives away the asset).

As in the case of roll-over relief, the whole chargeable gain must be held over if a claim for hold-over relief is made. The donor cannot use his annual exemption to reduce the gain held over.

Hold-over relief may also be claimed where an asset is sold at undervalue but the hold-over relief will only be available on the gift element, ie the difference between the price paid and the market value.

Business assets on which hold-over relief may be claimed include goodwill, assets used in the business and shares in a trading company not quoted on a stock market.

50
Q

Provide a summary of capital gains tax (CGT).

A
  • CGT is charged when there is a chargeable disposal of a chargeable asset by a chargeable person, which gives rise to a chargeable gain.
  • There are two main types of disposal: a gift and a sale of an asset.
  • The starting point for the CGT calculation is establishing the consideration or proceeds received by the seller on the disposal of the asset, subject to any substitution of market value if the transaction occurs between ‘connected persons’ or between unconnected persons and for an undervalue.
  • CGT is charged at 20% (for higher and additional rate taxpayers), 10% for basic rate taxpayers and 10% where the individual benefits from Business Asset Disposal Relief or Investors’ Relief.
  • There are several ways to mitigate the CGT liability, eg allowable expenditure, Business Asset Disposal Relief and Investors’ Relief (provided the conditions are fulfilled), losses; and each individual is entitled to an annual exemption.
51
Q

What transfers are chargeable under IHT?

A

There are three kinds of transfer (IHT trigger events) that you need to be aware of:

  • Potentially exempt transfers (‘PET’) – made by a person during their life
    A PET is a transfer of value made by a person during their lifetime (inter vivos) to another individual, eg a parent who gives their child a £10,000 contribution towards a deposit on a flat.
  • Lifetime Chargeable transfers (‘LCT’) – made by a person during their life
    All inter vivos transfers of value made by a person into a trust on or after 22 March 2006 will give rise to an LCT.
  • Death
    When a person dies there is a deemed transfer of all the assets that they own at the date of their death. It is this deemed transfer that gives rise to the IHT charge on death.
52
Q

What is the value of PET and LCT transfers?

A

The relevant value for an inter vivos transfer is the amount by which the transferor’s estate is reduced, rather than the face value of the asset or the amount the transferee gains.

For example, if the transferor gives away one item out of a complete set, the loss to the transferor may be more than the value of the one item given away.

53
Q

What is the value of a transfer made at death?

A

Property in the taxable estate is valued at the price it might reasonably be expected to fetch if sold on the open market immediately before the death.

54
Q

What are the rates of tax for IHT?

A

The rates of IHT are set annually by the budget for the tax year which runs from 6 April one year - 5 April the following year. For tax year 2022-2023 the rates are:
- £0 - £325,000 = 0% (the nil rate band (‘NRB’)) (NB. the NRB may be higher or lower in certain situations)
- Above the NRB - 40% (death rate); or - 20% (lifetime rate - always 1/2 death rate - applied to LCTs)

Note: There is an additional nil rate band (currently £175,000) for individuals who die on or after 6 April 2017 if they leave their family home to lineal descendants. This is known as the ‘residence nil rate band’ (‘RNRB’))

An individual’s surviving spouse or civil partner (referred to as their ‘spouse’ for ease of reference) can inherit the unused portion of their basic NRB and RNRB. This is known as the ‘transferable nil rate band’ (‘TNRB’).

55
Q

What is the cumulative total under IHT?

A

Cumulation is used to prevent individuals reducing their IHT liability by making a series of separate dispositions. Instead of viewing each IHT chargeable transfer (ie failed PET, LCT, death) in isolation, HMRC also consider any other IHT transfers made in the 7 years prior to the current transfer being taxed.

At any one point in time a person’s cumulative total can be worked out as follows:

Cumulative total = the total chargeable value of all the chargeable transfers made in the previous 7 years.

The effect of the cumulative total is to reduce the NRB available for the current transfer. So you must calculate the value of the cumulative total before you can work out the NRB available.

Available NRB to use for a transfer = £325,000 less the cumulative total

56
Q

Which exemptions and reliefs apply under IHT?

A

There are a number of different exemptions and reliefs which can be used to reduce or eliminate IHT.

Gifts to certain individuals or other entities are exempt from IHT. This means that they can be made completely free from IHT and do not use up the NRB.

Gifts of particular assets benefit from reliefs. This means that, where the conditions of the relief are met, the amount of IHT payable is reduced (sometimes by 100%)

This includes:
- Spouse exemption
- Political party exemption
- Charity exemption
- Exemptions for gifts for national purposes or to heritage maintenance funds
- Business property relief
- Exemption for gifts to EBTs
- Agricultural property relief
- Exemption for gifts to housing associations.

These are available for both lifetime transfers (failed PETs and LCTs) and the death estate.

57
Q

What is Business Property Relief (BPR)?

A

BPR is an exemption which applies to the value of qualifying business assets and is available to LIFETIME transfers and the DEATH estate. Business property includes:
* a business or interest in a business eg business of a sole trader or partnership;
* shares in an unquoted company;
* shares in a quoted company;
* land or buildings, machinery or plant owned by transferor but used for business purposes by either a company of which the transferor has control, or a partnership of which the transferor was a partner.

The transferor must have owned the business assets for at least 2 years immediately prior to the transfer.

Note that BPR is not available if the business consists wholly or mainly for making or holding investments.

58
Q

What is the rate of relief for Business Property?

A
  • 100% relief is available in respect of transfers of a business or interest in a business or shares in an unquoted company – eg 100% relief applies to all private company shares irrespective of the size of the shareholding.
  • 50% applies to shares in a quoted company but only if the shareholder had control of the company (unlikely but possible) and to the land or buildings category on the previous slide.

Note: Where a lifetime transfer qualified for BPR when made but is re-assessed following the death of the transferor within 7 years, BPR will only be available when reassessing the transfer if the property transferred (or replacement property) still qualifies for BPR in the transferee’s hands when the transferor dies (or on the death of the transferee if earlier).

59
Q

What are the steps required to calculate IHT on lifetime transfers?

A

In order to calculate the IHT due on a failed PET or LCT the following formula should be used:

Step A – Calculate cumulative total

Step B – Identify value transferred

Step C – Apply exemptions and reliefs

Step D – Apply NRB and calculate tax

Step E - Apply taper relief

Step F –Give credit for tax paid in lifetime

Note that Steps E and F only apply when the IHT is being calculated

60
Q

What are the steps required to calculate IHT on the death estate?

A

In order to calculate the IHT due when someone dies it is necessary to follow this 7 step process:

Step 1 - Calculate cumulative total

Step 2 - Identify assets included in the taxable estate

Step 3 - Value the taxable estate

Step 4 - Deduct debts/expenses

Step 5 - Apply exemptions & reliefs (BPR fits into IHT calculation here

Step 6 - Apply RNRB

Step 7 - Apply basic NRB and calculate tax

61
Q

Provide a summary for IHT and BPR.

A
  • Business Property Relief (‘BPR’) is an exemption for the purposes of IHT.
  • It is available on both lifetime transfers and the death estate.
  • It applies on the transfer of various categories of Business Property.
  • There are different rates of relief depending on the category of Business Property.