CGT Flashcards
Entrepreneur Relief - CGT
Claimed on disposal of all or part of business
>6.4.11 upto 10m during lifetime
Gains set against BR first
Must be owned 2 yes before disposal
Available to sole traders, partners, disposal of shares in trading co if empee or director AND 5% voting rights plus 5%
Investors Relief - CGT
External investors
Shares newly issued >16 3 16
Held 3 yrs from 16
Holdover Relief - CGT (IHT planning)
Applies to CLT for IHT if settlor doesn’t have interest
No CGT payable immediately
Deferred
Donee’s acquisition cost reduced by held over gain thus increases size of gain
CGT payable when donee disposes of asset
Has to be claimed jointly by donor and donee
Available for gifts of business assets
Business Rollover Relief- CGT
Business assets sold
Proceeds reinvested in other assets for the business
Must be trading business
New assets purchased 1 yr before or 3 yrs after disposal
Defers gain until new assets sold
EIS Reinvestment
CGT due on disposal Can be deferred if reinvested into EIS Must be within 12 months before it 3 its after disposal Deferred until death or disposed of 30% income tax relief (tax reducer) 10/20% CGT relief
SEIS Reinvestment
50% CGT due on disposal
Can be exempted if reinvested into SEIS
Limited to 50% of reinvested gain to max 100k
CGT Calc
Disposal proceeds
Less acquisition costs + enhancements + cost of sale = Chargeable Gain
Deduct losses in same tax year
Deduct losses brought forward (to allowance level)
Deduct annual allowance
= taxable gain
Gains for ER always 10%
CGT paid same as balancing payment ( 31 Jan after tax year)
Wasting Assets
Tangible movable property
Expected life less than 50 yrs
Exempt from CGT
Unless plant/machinery business and capital allowances have been claimed
Chattels
Moveable personal property Free from tax if disposal less than 6k If exceeds 6k but less than 15k Then balance over 6k x 5/3 to give max gain 15k+ calc normal way
Principal Private Residence Relief
PPR exempt from CGT
Special rules on periods of absence
IGNORE
Up to a yr btwn buying and living
Any period b4 1.4.82
Any period up to 3 yrs PROVIDED preceded by and followed by periods of residence (sandwich)
Last 18 months (9 months 20) as long as qualified as PPR at some point
Periods of up to 4 yrs if total absence due to employment in uk (sandwich)
Any period working abroad (sandwich)
Any period living in job related accommodation with intention to move back to PPR
Calc
Total gain x
period of occupation / total period of ownership
Letting Relief
May be available instead of PPR
Max relief is lower of;
40k
Amt PPR due
Gain made on let part of property
From 2020 only applies if owner shares house
Share Identification Rules
Shares purchased in same Co over period of time
Specific order of disposal
Acquisition same day
Acquisition within 30 days
Acquisition in share pool
Types of shares
Bonus (scrip) - treated as acquired the same day as original shareholding with no extra cost
Rights issue - existing shareholders buy more. New shares plus acquisition costs added to share pool
Scrip (stock) dividends - dividend paid in shares rather than cash. Treated as new acquisition
Employee share scheme - shares acquired through approved share scheme
Part disposal calc
Dispose of part of asset, apportionment formula
(A)Proceeds of part disposed of
(B)mkt value of part retained
A / (A+B) x Original cost = £ to minus from A