Chapter 11&12 Flashcards

1
Q

What 2 types of chattels are exempt for capital gains tax

A

Wasting chattels (life <50 years), except plant and machinery used in business

Non wasting chattels bought and sold for <6000

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2
Q

What are the tax rates for capital gains tax

A

Below 37,700 is 10% or 18% for residential property

Above 37,700 is 20% or 28% for residential property

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3
Q

How is a disposal to a connected person treated

What happens to any losses

A

Disposal to connected person always at market value

Losses are ringfenced and can only be used against gains on disposals to the same person

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4
Q

What are the 3 rules for share matching for a disposal of shares

A
  1. Any acquisitions made on the same day as the date of disposal
  2. Any acquisitions made in the following 30 days
  3. Any shares in the S104 pool
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5
Q

How do you value shares that are gifted for capital gains tax

A

(Higher quoted price + lower quoted price)/2

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6
Q

When is capital gains tax usually paid

What about on gift of land or shares in a company you control

What about UK residential property

A

31st January after the tax year of disposal

Can be paid in 10 annual installments

Payable within 60 days of the disposal

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7
Q

How do you calculate private residence relief

A

Gain on disposal * periods of actual or deemed occupation/ total period of ownership

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8
Q

What are the 5 different categories you can qualify for deemed occupation for PRR relief

A

Last 9 months of ownership

Up to 3 years for any reason - must live in before and after

Up to 4 years absence while working elsewhere - must have lived in before and after

Any period employee is required to work overseas - must live in before and after

Up to 24 months whilst prevented from living in residence

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9
Q

Who can claim letting relief

A

Available to owner of a main residence in addition to private residence relief if part of property has been let out while owner living there

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10
Q

How do you work out letting relief

A

LOWER OF
- gain in let period for the part of the property that was let (gain*mths let/mths owned
- gain exempt under private residence relief
- £40,000

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11
Q

What is the only relief available to both individuals and companies relating to capital gains

How does it work

A

Rollover relief

Disposal of an old asset followed by acquisition of new asset used in trade

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12
Q

What happens if you reinvest money into a non depreciating asset for rollover relief

A

You deduct deferred gain from the base

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13
Q

What happens when you reinvest in a depreciating asset useful life <60 years

A

The gain is frozen and becomes chargeable on earliest of:
-10 years from date of purchase of replacement asset
- date replacement asset ceases to be used in trade
- disposal of new asset

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14
Q

What assets qualify for gift relief (2)

A

Chargeable assets used in business

Shares in a trading co (need minimum of 5% holding if quoted)

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15
Q

What type of assets do you ignore when calculating chargeable assets

What about chargeable business assets

A

Current assets

Current assets and shares and investments

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16
Q

What are the 3 types of asset that qualify for BAD relief

A

Whole or substantial part of unincorporated business

Assets of unincorporated business sold <3 years after cease trade

Shares in TRADING CO where you are EMPLOYEE and have >5% SHARES

17
Q

What type of co qualifies for investors relief

A

Unquoted trading co

18
Q

At what rate are BAD gains taxed

A

10%