Chapter 12 - Personal Tax And Investement Advice Flashcards

1
Q

Nathan, who is a higher-rate taxpayer, sold his company in August 2023 for £1.6m. He purchased the business 20 years ago for £650,000 and was the controlling director holding all the shares. Assuming he made no other chargeable gains or losses in 2023/24, how much capital gains tax will be payable as a result of the sale?

a £94400
b. £190000
c. £188800
d. £95000

A

a £94400

The rate of CGT on the disposal of qualifying assets is 10%. However, these gains must be taken into account when calculating the rate of CT that will apply to non-qualifying
disposals.

£3000 annual exemption amount x 2

£1.6m - £650,000 - (£3000x2) = £944,000

£944,000 x 0.1 = £94,400

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2
Q

Natasha has shares in a company which she sells on 1 September 2023. If she does not want to create a gain or loss for capital gains tax purposes, she must repurchase the shares by:

a. 14 September 2023
b. 14 October 2023
c. 30 September 2023
d 30 October 2023

A

c. 30 September 2023

Selling securities does not create a gain or loss if the same taxpayer buys them back within 30 days, but they could be repurchased by a spouse, a family trust or an ISA. However, buying or selling in this way usually involves transaction costs.

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3
Q

Lesley bought a painting in May 2010 for £2,500 and sold it for £7200 in June 2023. What is the gain, if anything, for capital (gains tax purposes?

a. £2000
b. £4,700
c. NiL
d. £1200

A

a. £2000

This is a tricky one!

We have to use the 5/3 rule here

The normal amount that would be liable would be the £7200 - £2500 making it £4700

But because the cost of the chattel is above £6000 we can take the lower of either that amount above or the 5/3 rule. Which is

(Amount paid - £6000) x (5/3)

£7200 - £6000 = £1200

£1200 x 5 = £6000

£6000/3 = £2000

£2000<£4700

£2000 is correct

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4
Q

Pamela is emigrating to New Zealand and plans to leave on 5 April 2024. She has a share portfolio that would generate a large capital gains tax liability if encashed. Assuming that Pamela remains non-UK resident and she wants to minimise her tax liability, she would be best advised to postpone disposal of the shares until at least 6 April:
а. 2025
b. 2027
c. 2029
d. 2034

A

c. 2029

Individuals who are British citizens are entitled to income tax personal allowances for their UK income. The annual CT exempt amount is also available each year and this will be relevant unless the taxpayer is non-UK resident for more than five years following departure. If the period of non-residence is more than five years, then the general principle is that there is no liability to UK CT even in respect of assets situated in the UK.

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5
Q

Rita died in June 2023 leaving an estate valued at £800,000 to her son. She was never married and made a gift of £100,000 to her son in May 2019. Assuming the value of her main residence on death was £220,000, what is the inheritance tax liability on Rita’s death?

a. £167600
b. £157600
c. £158800
d. £160000

A

b. £157600

£500k NRB minus £100k gift means there’s an allowance of £400k

So £800k - £400k = £400k

£400k minus annual gift allowance, because of the £100k transfer, of £3000x2 makes

£400k - (£3000x2) = £394k

£394k x IHT 40% = £157600

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6
Q

When considering business asset disposal relief for capital gains tax purposes, the.

a. individual must be an employee of the company and hold at least 10% of the voting shares.
b. asset must have been owned for at least one year before the disposal.
c. individual must be a director of the company and hold at least 20% of the voting shares.
d. reduced rate of capital gains tax applies to lifetime gains of £1m or less.

A

d. reduced rate of capital gains tax applies to lifetime gains of £1m or less.

• A company shareholder must be an employee or a director of the company and meet a 5% shareholding condition.
• The asset must have been owned for at least two years before the disposal.
• The rate of CGT on the disposal of qualifying assets is 10%.
• There is a lifetime limit of £1m on gains that qualify for business asset disposal relief.

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7
Q

Sally has a child trust fund for her son George and wants some advice about making contributions into it whilst he is still under 18. Sally:
a. can continue to fund it or it can now be transferred into a Junior ISA.
b. must stop contributing to it and start a Junior ISA.
c. cannot fund it any more and he is not eligible for a Junior ISA.
d. can continue to fund it and he is not eligible for a Junior ISA

A

a. can continue to fund it or it can now be transferred into a Junior ISA.

The Junior ISA is available to children who missed out on the child trust fund (CTF). Parents, family and friends can contribute up to £9,000 in the 2023/24 tax year. Money will be locked away for the child who can withdraw the proceeds when they are 18 years old. The money can be invested solely in cash, solely in shares or fixed-interest investments or in any combination of these subject to the overall limit.

You can continue to fund a CTF or transfer it up to you really

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8
Q

Juan, a higher-rate taxpayer, has sold shares making a capital gain of £36,000 for 2023/24. Assuming he has made no losses or other gains in this tax year what is his liability and what is the latest date that it must be paid to HMRC?

a. £4,740 no later than 31 January 2025.
b. £6.000 no later than 31 July 2024.
c. £6.000 no later than 31 January 2025.
d. £4.740 no later than 31 July 2024

A

c. £6.000 no later than 31 January 2025

£36,000 - (£3000x2 for PA) = £30,000

£30,000 x 20% = £6000

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9
Q

Ranjeeta holds numerous investments. Which products will always produce a tax-free income for her?

a. Her pension savings and her deposit account.
b. Her unit trusts, investments trusts and OEICs.
c. Her endowment policy and her friendly society policy.
d. Her ISA and her premium bonds.

A

d. Her ISA and her premium bonds.

The main tax-free investment is the individual savings account (ISA). There are also various tax-free NS&I products, but most of these are currently not available.

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10
Q

Bert died several years ago, leaving £165,000 in total to his two children and the balance of his estate to his wife Hilda. Bert had not made any lifetime gifts and the inheritance tax nil rate band at the time of his death was £275,000. Hilda died in August 2023. Assuming that Bert and Hilda never owned their own property, what nil rate band can be applied to Hilda’s estate when calculating her IHT liability?

a £520.000
b. £455,000
c. £490,000
d. £435,000

A

b. £455,000.

£165,000/£275,000 = 0.6 so 40% of allowance remains

(£325,000x0.4) + £325,000 = £455,000.

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11
Q

Bill, a single man, having fully used his annual gift exemptions, made a potentially exempt transfer of £100,000 four and a half years before his death. He made no other gifts. His residual estate on his death in the tax year 2023/2024 was valued at £500,000 and includes his £250,000 home which his son inherits. The Inheritance Tax liability resulting from his death is

A. £40,000
B. £50,000
C. £70,000
D. £110,000

A

A. £40,000

lHT on an estate

The IHT on an estate of £500,000 (including a residence inherited by children) is currently (£500,000 - £175,000 - £325,000) × 40% = £0 if there were no chargeable transfers in the previous seven years.

However, if there had been £100,000 of chargeable transfers in the seven years before the death, only £225,000 of the nil rate band would be left, and so the IHT on the estate
woud be: (£500,000-£175,000-£225,000) x 40% =£40,000.

If the previous seven years’ chargeable transfers totalled £325,000, the tax on the estate would be (£500,000 - £175,000) × 40% = £130,000, because the nil rate band would have been fully used. The RNRB is not available against lifetime transfers..

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12
Q

Alexis is a higher-rate taxpayer. Ignoring the use of the capital gains tax exemption, if she claims business asset disposal relief on a £150,000 gain made in August 2023, by how much will her tax liability be reduced compared with no such relief being available?

A. £12,000
B. £15,000
C. £27,000
D. £42,000

A

B. £15,000

Business asset disposal relief can be claimed up to a lifetime limit of £1m when an individual disposes of a business or a part of a business.
Gains that qualify for relief are taxed at 10% instead of either:

  • 18%: residential property gains within the basic rate band
  • 20%: non-residential property gains above the basic rate band; or
  • 28%: residential property gains above the basic rate band.
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13
Q

Jessica, a higher-rate taxpayer, bought an equity unit trust two years ago for £60,000, which is currently valued at £120,000. In the tax year 2023/2024, she has already sold some gilts, making a loss of £5,000 and she is wanting to encash some of the trust’s units, but only sufficient to maximise use of this year’s Capital Gains Tax exemption. What total value of units should she be advised to sell?

A. £5,000
B. £6,000
C. £12,000
D. E22,000

A

C. £12,000

£6k tax CGT exemption, so you want to realise this amount

GILTs are exempt so this loss isn’t allowable

So for every £120k, £60k is gains, this means that 50% of all sold unit amount is a gain.

We want to realise a gain of £6k so to do this using this ratio we would have to sell £12k units

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14
Q

Albert died in March 2002, when the Inheritance Tax nil rate band was £242,000. With the exception of a £48,400 bequest to his daughter, he gifted his entire estate to his spouse. Her estate is currently valued at £800,000 which contains no property. If she died today, how much nil rate band, in effect, would be available to the estate?

A. £518,600
B. £567,000
C. £585,000
D. £650,000

A

C. £585,000

He gave away a % in the previous band being, £48,400/£242,000, meaning that 20% of the band has been used

80% left of £325,000 making £260k available of Albert’s

£260k plus £325k makes the £585k availing

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15
Q
  1. Elaine has annual earnings of £200,000. She is now surrendering an offshore assurance bond with a gain of £72,000 and an onshore assurance bond with a gain of £36,000. She has received no dividend income. What is her personal total tax liability as a result of these surrenders?

A. £29,160
B. £36,400
C. £39,150
D. £41,400

A

D. £41,400

For onshore bonds after taking account of the personal savings allowance and the starting rate of 0%), gains are taxed at an extra 20% for higher-rate taxpayers and an extra 25% for additional-rate taxpayers under the chargeable event gains rules when the bond is cashed. With an offshore bond, an investor who is a basic-rate taxpayer will pay 20%, a higher-rate taxpayer will pay 40% and an additional-rate taxpayer will pay 45% tax on the gain when the bond is cashed

With an onshore bond, the extra 20% or 25% tax is charged on the net return of the fund, whereas with an offshore bond, the 20%, 40% or 45% tax is on the gross return.

20% of the tax is paid within the policy on the onshore bond, so 25% is due on the £36k making £9k

45% on the £72k which makes a gain of £32400

£32400 + £9000 = £41400

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16
Q

Peter has annual earnings of £30,000. He also receives £1,000 annually of building society interest. His investment portfolio consists of some gilts, some corporate bond unit trusts and some UK high income equity open-ended investment companies (OEICs). His annual income from the gilts and the corporate bond unit trusts total £2,000 each. His annual income from the OEICs totals £1,000. From an Income Tax efficiency perspective only, which of the portfolio holdings could more sensibly have been held within ISAs?

A. Gilts only.
B. Corporate bond unit trusts only.
C. Gilts and corporate bond unit trusts.
D. UK high income equity OEICs together with the corporate bond unit trusts.

A

C. Gilts and corporate bond unit trusts.

As this is in regards to the income tax, GILTs don’t take income tax and Building society interest is paid with the tax paid at source so any money is already gross.

Leaving just the £2000 from the corporate bond as the most to pay income tax

17
Q

Andrew, a higher rate taxpayer, has two children, a son aged 16 who is able-bodied and a disabled daughter, aged 13. He has not made a will and wants to gift £500,000 of his estate in equal shares to his children. From an Inheritance Tax planning perspective, what action could Andrew take and possibly reduce his potential Inheritance Tax liability?

A. Establish a discretionary trust for each child.
B. Establish a discretionary trust for the son and a disabled person’s trust for the daughter.
C. Establish a will trust for the daughter.
D. Establish a will trust for the son.

A

B. Establish a discretionary trust for the son and a disabled person’s trust for the daughter.

Two types of gift into trust are PETs. Other gifts into trust are chargeable at the lifetime rates when they are made unless they are otherwise exempt. For example, they are within the annual exemption.
• A gift into a bare trust is a PET. A bare trust exists when the trustees act as nominees for the beneficiary (or beneficiaries) who is absolutely entitled to the assets, or would be if aged at least 18. For most purposes, this is not a true trust and beneficiaries are taxed as if they owned the assets absolutely. A gift to a bare trust is a PET because it is in effect a gift to an individual.
• The only other gifts into a trust that qualify as PETs are gifts into a disabled trust. A disabled trust is broadly a discretionary trust in which the settled property is applied for the benefit of the disabled person, or a trust in which a disabled person has an interest in possession.

18
Q

Genevieve, aged 67, has self-employed earnings of £100,000 per year and savings income of £10,000 per year. What is her Income Tax liability for the tax year 2023/2024?

A. £27,432
B. £31,232
C. £33,232
D. £33,432

A

C. £33,232

Tax brackets

£12570 - 0%
£50270 - 20%
£125140 - 40%
£125140 + = 45%

When a person has an adjusted net income of between £100,000 and £125,140, the effective marginal rate of income tax is 60%.

19
Q

On Brian’s death in August 2023, his estate was valued at £820,000. He owned no property. He bequeathed £40,000 to a registered charity and split the balance before tax equally between his registered civil partner and his brother. Assuming he made no lifetime transfers, what will the Inheritance Tax liability be?

A. £22,750
B. £23,400
C. £26,000
D. £34,000

A

B. £23,400

The £40k is charitable donation which is tax free, also a reduced rate of IHT at 36% is chargeable on death when at least 10% of a net estate is left to a UK charity

The net estate is that remaining after deducting exemptions (but excluding the charitable legacy), reliefs and the nil rate band (but not the RNRB). The reduced rate of 36% is automatic without any need for the personal representatives to make a claim.

£390,000 of the estate is tax free to his spouse as transfers between spouses are IHT free

The client has just the NRB of £325k to give tax free, meaning that just £65k is taxable.

This is taxed at 36% giving £23,400

20
Q

Sophie and Stanley are married and live together in the Cotswolds. Sophie is a higher-rate taxpayer and Stanley has taxable earnings of £6,000 per annum. Sophie has already realised capital gains of £5,000 in total for the tax year 2023/2024, though Stanley has realised no gains. Sophie is about to transfer some shares, showing a £25,400 gain, to Stanley for his immediate disposal. With regard to the Capital Gains Tax liability, when will it arise, at what rate and on what amount?

A. On disposal by Stanley at 10%, assessed on £13,400.
B. On disposal by Stanley at 10%, assessed on £19,400.
C. On transfer by Sophie at 10%, assessed on £24,400.
D. On transfer by Sophie at 20%, assessed on £22,400.

A

B. On disposal by Stanley at 10%, assessed on £19,400.

CGT rates differ from income tax rates and are in two broad brackets: basic rate payers and higher/additional rate payers.

In the 2023/24 tax year, the basic rate on residential property gains was 18% and 10% on all other assets.

The higher/additional rate of CGT is 28% on residential property and 20% on all other chargeable

A disposal by one spouse to the other does not give rise to a chargeable gain. But when the asset is ultimately disposed of, the eventual tax liability is calculated by reference to the first spouse’s acquisition cost.

This is disposed of by Stanley, he still has £6k cgt allowance he is also a basic rate tax payer, as a result of this he will be paying 10% tax on £19400

21
Q

What issues might an older client with potentially large capital gains within their investment portfolio face?

A

Gifting an asset can result in a CGT liability because it is classed as a disposal. If the donor dies within 7 years of making the gift, there can also be a charge to IHT if its value exceeds the available nil rate band. EISs are high risk investments. Older people tend to have a more cautious attitude to risk and so an ElS might not suit them. CGT is generally charged at 10% or 20% (18% or 28% for second properties), not 40%. There is no obligation to involve the family in an older client’s decision-making process, although it may be a good idea to. - Chapter 12, Section B2H, Learning Outcome 4.2

22
Q

David transferred ownership of his share portfolio to his son realising a gain on which he paid Capital Gains Tax (CGT). Four years later David died, what tax, if any, is now due?

A

B. As a failed PET, there is a potential IHT charge with no credit given for the CGT paid on the earlier transfer

One of the main reasons why CGT generates a modest yield for HM Treasury (an estimated £17.8bn in 2023/24) is that taxable capital gains are effectively extinguished when people die because there is a CGT ‘uplift’ to the market value on death. Elderly or ill people with substantial capital gains can present difficult IHT planning problems. In general, it may be preferable to postpone a disposal until they die to avoid the potential CGT, but there may be drawbacks.
• Transferring the asset to another person might save IT if the donor lives the requisite seven years. The IHT saving might be more than the possible CGT cost, but it is less certain.
• If the transferor does not survive seven years, it is possible that both CGT and IHT would be paid on the same asset.

23
Q

What happens to ‘excluded property trusts in the event of the settlor subsequently becoming UK domiciled?

A

The trust assets remain protected from IHT

Assets within an excluded property trust remain protected from Inheritance Tax in the event of a settlor subsequently becoming UK domiciled. - Chapter 12, Section B6B, Learning Outcome 3.2

24
Q

Maureen has an asset that is worth so little that it qualified for a ‘negligible value claim’ on 1
September 2021. She now wants to backdate a claim for the loss she’s made to that tax year.
Which of the following dates is the deadline for her to backdate the claim to 2021/22?

A. 5 April 2023
B. 30 July 2023
C. 30 January 2024
D. 5 April 2024

A

D. 5 April 2024

Correct. Negligible value claims can be backdated to either of the two tax years before the year in which the claim was made. The time limit for Maureen to backdate a claim to the 2021/22 tax year is therefore 5 April 2024. - Chapter 12, Section B2G, Learning Outcome 4.2