Chapter 10 Flashcards

1
Q

Fiscal Year

A

Same as the tax year
Individuals and trusts subject to income tax
6 April - 5 April

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2
Q

Financial Year

A

Companies subject to UK corporation tax on profits + VAT
1 April - 31 March

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3
Q

Self Assessment

A

Some individuals need to fill in a self assessment tax return:
- Self employed individuals
- Individuals with capital gains in the year
- Taxpayers with other income, such as rental, savings or dividends
Deadlines:
- 31 October of fiscal year for paper suvmission
- 31 January of the fiscal year for online submission
- 31 January deadline for payment of tax due

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4
Q

PAYE

A

Pay As You Earn
Tax is calculated at source from gross income and deducted to form net pay

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5
Q

Residence

A

Where someone is physically present during fiscal year
Nothing to do with nationality

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6
Q

Automatic Overseas Resident

A

If any of these conditions are met, the individual is an overseas resident (no UK tax):
1. Present in the UK for fewer than 16 days in current fiscal year
2. Not present in the UK during the last 3 fiscal years and present in the UK for fewer than 46 days in the current fiscal year
3. Work full time overseas, and spent fewer than 91 days in the UK, and spent more than 30 days working in the UK

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7
Q

Automatic UK Resident

A

If none of the Automatic Overseas Resident tests apply:
1. Present in UK for at least 183 days in a fiscal year
2. Their only home (or main address) is in the UK (available for use more than 91 days, used for at least 30 days)
3. They work full time in the UK

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8
Q

Sufficient Ties Test

A

If none of the Automatic Tests (UK / Overseas) apply, the more ties the individual has to the UK, the more likely it is they will deemed to be a UK resident (and pay UK tax):
- A family tie
- An accomodation tie
- A work tie
- A 90 day tie

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9
Q

Domicile

A

Not the same as residence
Where the individual considers “home” country to be

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10
Q

Domicile of Origin

A

Acquired from father (or mother)
Effectively by birth

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11
Q

Domicile of Choice

A

Applies from age 16, relates to emigration
Leaves country of domicile and settle in another country

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12
Q

Deemed Domicile

A

If an individual is resident in the UK for any 15 out of 20 consecutive years

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13
Q

UK Resident & Domiciled

A

Taxable by the UK on their worldwide income as it arises
Does not have to be remitted to the UK to be taxable
Assume for questions unless otherwise stated

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14
Q

UK Resident but Not UK Domiciled

A

UK income taxable as it arises
Foreign income < £2k automatic remittance
Foreign income >= £2k choose to pay on arising or remittance

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15
Q

Overseas Resident

A

Taxable on their UK income as it arises
Overseas income is not subject to UK tax

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16
Q

Remittance

A

Only have to pay tax on income if you bring it into a country and spend it in that country
If you don’t bring it in, then you don’t need to pay tax in that country

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17
Q

Arising

A

Declare and pay tax in the country, e.g. the UK

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18
Q

Taxable Income

A
  • Non-savings income, e.g. employment
  • Savings income, e.g. interest or life annuity
  • Divident income
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19
Q

Personal Allowance

A

Tax free income against any of the taxable income sources up to $12,570
For those earning over £100,000, personal allowance will reduce by £1 for every £2, goes to nil above £125,140

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20
Q

Personal Savings Allowance

A

Only for savings income
Basic rate tax payer = £1,000
High rate tax payer = £500
Additional rate tax payer = £0

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21
Q

Personal Dividend Allowance

A

Only for dividend income
All tax payer rates: £1,000

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22
Q

Tapering

A

Reduction in tax allowance as income increases
Only applies to Personal Allowance limits

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23
Q

Tax Calculation Order

A
  1. Remove all allowances
  2. Non-savings income allowance
  3. Savings income allowance
  4. Dividends income allowance
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24
Q

Basic Rate Tax

A

Taxable income <= £37,700
Non-savings rate = 20%
Savings income = 20%
Dividends = 8.75%

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25
Higher Rate Tax
£37,700 < Taxable income <= 125,140 Non-savings rate = 40% Savings income = 40% Dividends = 33.75%
26
Additional Rate Tax
125,140 < Taxable income Non-savings rate = 45% Savings income = 45% Dividends = 39.35%
27
'Taxable'
Examiner has already applied personal allowances to these incomes, proceed as though after the allowance has been removed
28
'Gross'
Apply the different personal allowances before applying any tax calculations
29
National Insurance
Same as an employment tax Paid by employees, employers, and the self-employed Class 1: Employed persons - Employee class 1 primary NICs - Employer pays class 1A on tax benefits, e.g. company car - Employer pays class 1B on PAYE income Class 2 & 4: Self-employed - Assuming profits above the small profits threshold - Class 2 paid at flat rate - Class 4 paid at a variable rate Class 3: Voluntary contributions to fill gaps in record - Minimum of 35 years NICs needed to get full, basic pension
30
Trust Tax
Trustee is responsible for settling tax OBO beneficiaries Assets are earning interest and capital gains First £1,000 under standard rate band at basic rate tax More than £1,000 at full Trust rate at additional rate Beneficiaries receive monies net of tax plus reporting Beneficiary will then calculate personal taxes, compare with what they would have owed if owned Trustee assets outright, then request a rebate from HMRC
31
Bare Trust Tax
Existance of Bear Trust is ignored, taxed at beneficiaries' marginal rate
32
Capital Gains Tax
Payable by chargeable persons (based on tax residency) on chargeable disposal (sell, gift, transfer) of a chargeable asset
33
Chargeable Persons
- UK resident, taxeable on worldwide gains on an arising basis - Overseas resident, no liability to capital gains on assets in the UK or elsewhere
34
CGT Rates
Net chargeable gains of £6,000 do not need to be declared Above £6,000: - 10% for basic rate payers - 20% for higher and additional rate payers - 18% and 28% on property respectively
35
Chargeable Assets
- Company shares and qualifying bonds - Second property or subsequent properties (e.g. holiday homes or buy-to-let) - Units in CIS - Currency bought for gain
36
Exempt Assets
- Primary residence - Betting / lottery - Currency for holidays - National savings certificates & premium bonds - Private motor cars - Life assurance policies - Gilts and qualifying bonds - Gifts to charities
37
Allowable Costs
Can be subtracted from the proceeds ahead of CGT calculations - Fees and commissions for disposal - Advertising costs - Costs of purchase and costs associated with purchase - Enhanced expenditure, e.g. extending the property (not maintenance)
38
CGT Losses
1. Current year losses offset gains in same tax year 2. Annual exemptions 3. Losses from previous tax years to reduce gains 4. Unused losses can be carried forward indefinitely
39
'Chargeable Gain'
Can assume the examiner has already removed the £6,000 of capital gains allowance
40
Inheritance Tax
IHT, Charge on transfer of a person's estate on or before death: - UK domiciled individuals on worldwide assets - Non-UK domiciled individuals on UK assets
41
IHT Scenarios
- Assets transferred up to 7 years before death (lifetime transfer) - Assets transferred into discretionary Trusts for others (lifetime transfer) - Asset transferred at death
42
PET
Potentially Exempt Transfer does not use a trust - Not taxed immediately - Becomes chargeable if the person dies within 7 years of gift* *Sliding scale if they die between 3-7 years
43
CLT
Chargeable Lifetime Transfer does use a discretionary trust - Taxed immediately - Becomes chargeably again if the person dies within 7 years of gift* *Sliding scale of 0-3 years, half value of assets is paid. 3-7 years then half into the estate then declines
44
Exempt Transfer
No tax paid if transfer is to spouse
45
IHT Rates
Basic rate is 40% of value of asset transfered after exempt transfers are then removed Nil rate band: - First £325,000 exempt from IHT - Plus main residence £175,000 exempt (only covers transfers to "direct issue", i.e. their children)
46
Married / Civil Partners
First person dies, any unused nil rate band will be inherited by the second person I.e. if husand leaves everything to wife, none of nil rate is used so when wife dies she can use 2x the nil rate band
47
Gifts to Charity
If 10% or more is left to charity, the IHT rate is reduced to 36% (rather than 40%)
48
Anti-Avoidance Legislation
- It is not possible to transfer legal title of an asset to another person and retain a beneficial interest to avoid IHT, i.e. you cannot sign over your house and stay living in it paying below market rent or none at all - If a beneficial interest is retained, HMRC will treat the asset as part of the estate, no matter how long after the person lives after having made the transfer
49
Direct Investment
Owned/held directly by the investor outside of a fund and outside of a tax efficient wrapper (e.g. ISA): - Cash = Income - MS&I = Variable income - Gilts = Income, Witholding if requested - Corp Debt = Income - Equity = Income, CGT, Stamp Duty - Primary Residence = Stamp Duty - Investment Residence = Income, Capital, Stamp Duty - Chattels (personal possessions) = CGT if selling price above £6,000
50
Indirect Investment
Client invests into a fund controlled by an investment manager Tax at the fund level are paid by the investment manager at 20% on income but no tax on gains. REITS pay no tax on income or gains Tax at investor level are paid by clients: - Equity (majority) CIS = Dividend tax on income, CGT - Debt (majority) CIS = Savings tax on income, CGT - Investment Trust Company (ITC) = Dividend tax on income, CGT, Stamp Duty - REIT = Non-savings on Income, 20% withholding, CGT, Stamp Duty - Venture Capital Trust (VCT) = Stamp Duty
51
Stamp Duty
Paid by the purchaser (not seller) when re-registering certain registered form assets into their name: - Stamp Duty payable on paper based securities on purchase - Stamp Duty reserve tax on electronic based securities on purchase - Stamp Duty land tax on property/land purchase
52
Stamp Duty (Paper)
0.5% of purchase price Price paid by purchaser is more than £1,000
53
SDRT
Stamp Duty Reserve Tax 0.5% of purchase price - UK registered shares - Options on shares - UK convertible loan stock
54
Stamp Duty (Paper) & SDRT Exemptions
- AIM/NEX shares - Gilts - Corporate bonds - Overseas securities
55
SDLT
Stamp Duty Land Tax paid in England or Wales
56
SDLT Residential Rates
Standard residential rates: - Up to 250k = 0% - 250k < 925k = 5% - 925k < 1.5m = 10% - More than 1.5m = 12% - Corporate purchases at 15% above 500k Additional residential properties are purchased (holiday homes, buy-to-let), +3% to rates First time buyers for purchases up to 625k, first 425k = 0%, 425k - 625k = 5%. Above 625k purchase then standard rates
57
SDLT Non-Residential Rates
- Up to 150k = 0% - 150k < 250k = 2% - More than 250k = 5%
58
Corporation Tax
UK resident companies are required to pay tax on their worldwide profits: - 19% on <£50,000 - 25% on >£250,000 - 19%-25% on a sliding scale (first £50k at 19% then 25% on profits between £50k and £250k)
59
Corporation Tax Payment
Normally within 9 months and one day after accounting year end Large companies (chargeable profits above £1.5m) pay quarterly
60
Trading Losses
Companies can offset their profits to reduce their Corporation Tax bill - Income and gains from the same accounting period - Income and gains from the previous year - Trading profits frmo the same trade in future years
61
VAT
Value added tax charged on goods and services in the UK paid by ultimate consumer Annual turnover over 85k must register for VAT and charge VAT to their customers - Standard rate = 20% - Zero-rated (e.g. child clothing) = 0% - Reduced (e.g. energy) = 5% - Supplies outside scope of VAT = N/A (exempt)
62
Reclaim VAT
Businesses making exempt supplies or supplies outside the scope of VAT cannot reclaim VAT it has paid If a company is not registered for VAT, or a company is making exempt supplies, then they cannot reclaim VAT they are paying to their suppliers
63
Pension
Tax wrapper to shield investments from income and/or CGT Designed for UK resident tax payers to save for their retirement UK tax resident under 75 can make contributions to registered scheme and claim tax relief on contributions
64
Pension Contributions
Can pay whatever you want but over these limits there are charges levied against contributions: - Annual allowance of £60k - Basic amount of £3.6k (non tax payers) - Amount of contributions are limited to 100% of annual earnings
65
Pension Tax Relief
Tax relief matches the tax status of the contributor, i.e. basic rate tax payer gets 20% relief
66
Pension Lump Sum
Up to 25% can be taken from an accumulated pension pot to a limit of £268,275 Drawing down rest of the pot is considered as non-savings income (i.e. no tax)
67
Tax Efficiency vs Evasion
Evasion is illegal, immoral, and the lying or illegitimate hiding of information from HMRC to avoid payment of tax Efficiency is the legal structuring of your portfolio to optimise tax payments to HMRC
68
ISA
Individual Savings Account up to £20,000 per year by any UK tax resident Sheltered investment accounts where gains are tax free On move abroad, any existing ISAs are frozen so no new ISAs can be opened and no further contributions. Not forced to liquidate existing ISAs, they remain in situ Can transfer wealth between different types of ISA without affecting annual allowance
69
Stocks & Shares ISA
Min. 18 years old Shares, bonds/gilts, unit trusts/ITs/OIECs/REITs Gains/income is exempt
70
Cash ISA
Min. 16 years old Cash savings account Interest is exempt from savings income tax
71
Junior ISA
Used to save for future of a child Child, and no one else, can access the monies in the ISA until child reaches 18 Annual limit of £9,000 Set-up as a fund so range of investment options within ISA
72
Offshore Funds
Held and located outside of the UK, such as a tax havens, with very different tax rules and procedures
73
Reporting Funds
Does the fund manager report income, gains, or data to the HMRC Complies with reporting fund rules Dividents received offshore are taxable to UK residents CGT as capital gain
74
Non-Reporting Funds
Do not report data to HMRC Income and gains taxed as income Cannot use annual CGT exemption Losses cannot be offset against gains
75
Life Assurance
Before ISAs, these products were common for investors saving for their future Still useful for saving above the ISA limit or expecting change to tax bracket For a product to qualify: - At least annual premiums - Term of at least 10 years - Premiums totalling less than £3,600 per year
76
Qualifying Life Assurance
e.g. Endowments Investor makes regular contributions to the policy over time Taxed as insurance, i.e. payout at maturity are entirely free of all taxes (tax free)
77
Single Premium Life Assurance
Non-qualifying policies or life assurance bonds Proceeds received net of 20%, effectively withholding tax Taxable at margin rate of income tax at maturity, i.e. if you're basic rate taxypayer you pay no further tax as you've already paid 20% on the premium
78
Life Company Bonds
Tax deferral available for what are single premium life assurance policies Deferral is until a chargeable event (death or encashment of policy) Up to 5% of the capital originally invested may be withdrawn per year without triggering a chargeable event Amount withdrawable is cumulative, i.e. if Y1 = 0%, Y2 <= 10%
79
VCTs
Venture Capital Trusts (close ended fund) - Incentives to invest in start ups and small companies - 30% income tax relief (new shares only, IPO shares) - Must hold for 5 years for relief - Maximum investment for relief benefits = £200k - Exemption from income tax on dividends - No CGT
80
EISs
Enterprise Investment Schemes (direct investment) - Aimed at helping smaller, higher-risk trading companies - Only available to individuals who invest in EIS companies - 30% income tax relief of the cost of the shares - Must hold for 3 years for relief - Max investment of £1m so relief is up to £300k - No CGT
81
Tax Planning
Sharing wealth - personal allowances, transfer of ownership, exempt transfers Tax-free allowances: - £20k ISA - £9k Junior ISA - £12.3k CGT Investments that reduce tax exposure - Pensions, EISs, VCTs, tax free NS&I products, eligible bonds Administration - tax efficient will, record capital losses, full tax review at the end of each year