Corporate Gains Reliefs - Business Flashcards

1
Q

What are the 4 CGT reliefs for individuals?

A

Business asset disposal

Investors relief

Roll-over relief

Hold-over relief

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2
Q

What is the effect of business asset disposal relief?

A

It reduces the CGT rate from 20% to 10% on qualifying disposals

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3
Q

At what point in the CGT calculation is business asset disposal relief applied?

A

From the taxable chargeable gain point

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4
Q

What 4 disposals qualify for business asset disposal relief?

A

All/part of trading business

Assets in a business that used to trade

Shares in a trading company

Shares in a company that used to trade

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5
Q

What conditions must be met to qualify for BAD (business asset disposal) for disposing of all/part of a business?

A

Is a trading business

Been owned for at least 2 years

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6
Q

What conditions must be met to qualify for BAD for disposing of assets in a business that used to trade?

A

Must have been owned for 2 years before it stopped trading

Assets must have been used in the business when it ceased to trade

Assets must have been disposed of within 3 years of the business ceasing to trade

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7
Q

What conditions must be met to qualify for BAD for disposing of shares in a company?

A

Company must be/have been a trading company for the 2 years before disposal

Shares must have been held for 2y before date of disposal

Person must have been an officer or employee holding at least 5% ordinary voting shares and entitled to 5% profits and 5% on winding up for at least 2 years before date of disposal

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8
Q

What conditions must be met to qualify for BAD for disposing of shares in a company that used to trade?

A

Shares must have been owned for 2 years before stopped trading

Person must have been an officer or employee holding at least 5% ordinary voting shares and entitled to 5% profits and 5% on winding up for at least 2 years before date of disposal

Shares must be disposed of within 3 years of ceasing to trade

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9
Q

What is the deadline to claim BAD?

A

On or before the first anniversary of 31 January following the tax year in which the relevant disposal is made

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10
Q

What is the maximum amount of BAD a person can claim total in lifetime?

A

1 million

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11
Q

What is the intended purpose behind investors relief?

A

Encourage investors to invest for at least 3 years

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12
Q

What does investors relief do?

A

Reduces CGT from 20% to 10% for gains arising on disposals. of qualifying shares

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13
Q

What is the lifetime limit of investors relief?

A

10 million

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14
Q

What shares qualify for investors relief?

A

Fully paid ordinary shares issued for cash consideration on or after 17 March 2006

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15
Q

What conditions apply, in addition to qualifying shares, to claim investors relief?

A

Company is/always has been a trading company or holding company of a trading group

At the time of share issue, none of the company’s shares were listed on a recognised stock exchange

Shares held continuously since at least 6 April 2016

Individual isn’t and has not been an officer or employee of company/connected company

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16
Q

What is rollover relief?

A

When you are replacing assets, any gain you make on them is rolled into the new asset and you don’t pay until you make a true disposal not just a replacement

17
Q

Do you have to roll-over assets into the same type of replacement asset?

A

No, e.g., sell a machine and purchase land is fine

18
Q

What is hold-over relief?

A

When you give a gift, the person receiving the gift claims hold over and doesn’t pay CGT until they sell it

19
Q

What type of relief is business property relief (BPR)

A

Inheritance

20
Q

Is BPR for lifetime, death or both?

A

Both

21
Q

What is included as business property for BPR purposes?

A

Business or interest in a business

Shares in an unquoted company

Shares in a quoted company

Land/buildings/machinery/plant owned by transferor but used for business purposes for a company under deceaseds control or for a partnership

22
Q

How long must the transferor have owned property for the relief to apply?

A

2 years immediately b4 transfer

23
Q

Will BPR apply for holding companies?

A

No

24
Q

What 2 rates of relief are available for BPR?

A

100% for unquoted company

50% for quoted company

25
Q

What happens if a lifetime transfer is made, and BPR is applied, but the person dies before 7 years? How does that impact things?

A

BPR is only available on reassessing if the property transferred still qualifies for BPR in the transfeees hands when the transferor dies