Individual Taxation Flashcards

1
Q

Describe the difference between a receipt and an expense.

A

A receipt is money paid to the business, often referred to as income, while an expense is money the business pays out.

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2
Q

How can income receipts be distinguished from capital receipts?

A

Income receipts are typically regular payments received by the business, while capital receipts are usually one-time payments or funds received from the sale of assets.

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3
Q

Define income expenditure and capital expenditure.

A

Income expenditure refers to costs that can be deducted from income receipts, while capital expenditure refers to costs that can be deducted from capital receipts.

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4
Q

How does case law influence the definitions of income and capital?

A

There is no statutory definition of income or capital, but general guidelines have been established through case law.

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5
Q

What characterizes income receipts?

A

Income receipts are characterized by money received on a regular basis, such as trading profits, interest from savings, or rent.

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6
Q

Is interest received from a bank account considered

A

Interest received from a bank account is considered an income receipt for individuals or businesses.

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7
Q

How would the sale of a business asset be classified?

A

The sale of a business asset, such as property, would be classified as a capital receipt.

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8
Q

What type of transaction would likely result in a capital receipt?

A

A transaction that is not part of regular business activity, such as selling a business property, would likely result in a capital receipt.

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9
Q

How can one differentiate between income and capital expenditure?

A

Income expenditure is related to the regular operational costs of running a business, while capital expenditure involves one-off purchases of assets that benefit the business over a longer term.

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10
Q

How does interest payable on loans classify in terms of expenditure?

A

Interest payable on loans is classified as income expenditure because it is a regular payment made to the lender.

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11
Q

Give examples of capital expenditure.

A

Examples of capital expenditure include purchasing large items of equipment, machinery, property, or enhancing a capital asset beyond routine maintenance.

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12
Q

What is the impact of capital expenditure on a business’s financial statements?

A

Capital expenditure impacts a business’s financial statements by increasing assets on the balance sheet and affecting cash flow.

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13
Q

Give an example of income expenditure for a retail business.

A

Examples of income expenditure for a retail business include the cost of purchasing stock, as well as expenses for lighting, heating, and insurance.

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14
Q

Define capital allowances in the context of capital assets.

A

Capital allowances allow a proportion of the cost of certain capital assets to be set off against the trading profits of a business each year during the asset’s life.

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15
Q

How can an individual reduce their tax bill when selling a capital asset?

A

An individual can reduce their tax bill by deducting the original cost of the capital asset from the gain or profit realized upon its sale.

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16
Q

What happens to the initial cost of capital assets when calculating tax on income receipts?

A

The initial cost of capital assets cannot be set off against income receipts to reduce an individual’s tax bill.

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17
Q

Discuss the timing of capital expenditure deductions for tax purposes.

A

Deductions for capital expenditure are typically realized only when the capital asset is sold, not during the asset’s ownership.

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18
Q

When is the tax year for individuals and when is the financial year for companies?

A

The tax year for individuals runs from 6 April in one calendar year to 5 April in the next, while the financial year for companies runs from 1 April in one calendar year to 31 March in the next.

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19
Q

Define the term ‘net of tax’.

A

‘Net of tax’ refers to the amount received by the recipient after tax has been deducted from the gross amount.

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20
Q

How does the recipient of a taxable sum receive their payment when tax is deducted at source?

A

The recipient receives the payment net of tax, meaning the amount received is after the tax has already been deducted by the payer.

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21
Q

What must employers do regarding benefits in kind (perks from employers eg health insurance gym membership) for tax reporting?

A

Employers must report the amount of the benefit to HMRC as well as to the employee.

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22
Q

Describe the tax bands for taxable income in the UK for the year 2024/25.

A

0 – 37,700 is Basic at 20%,

37,701 – 125,140 is Higher at 40%,

and above 125,140 is Additional at 45%.

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23
Q

What is the order for different types of income to be taxed?

A

Different types of income must be taxed in the order of Non-savings income first, followed by Savings income, and then Dividend income. (Never Say Die)

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24
Q

Describe the personal allowance reduction for individuals with Net Income of £125,140 and above

A

individuals with Net Income of £125,140 and above lose the personal allowance completely.

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25
Q

What happens to the Personal Allowance if a taxpayer’s Net Income exceeds £100,000?

A

The Personal Allowance is reduced by £1 for every £2 of Net Income above £100,000.

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26
Q

Identify the Taxable Income for a taxpayer with a Net Income of £50,500 and a Personal Allowance of £12,570.

A

The Taxable Income would be £37,930.

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27
Q

How do you calculate the taxable income from net income?

A

Taxable Income is derived by subtracting the Personal Allowance from the Net Income.

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28
Q

What is the Personal Allowance for the tax year 2024/25.

A

£12,570.

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29
Q

Define the limits associated with pension scheme contributions.

A

There are limits to the amount an individual can pay into their pension scheme each year, which may affect the tax relief they can claim.

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30
Q

How does interest paid on qualifying loans affect a taxpayer’s Total Income?

A

Interest paid on qualifying loans is deducted from Total Income to determine the taxpayer’s Net Income, thereby reducing the taxable income.

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31
Q

What falls under a qualifying loan?

A

• loans to buy an interest in a partnership;

• loans to contribute capital or make a loan to a partnership;

• loans to buy shares in (or make a loan to) a ‘close’ company (you will learn about these in more detail later); and

• loans to buy shares in an employee-controlled company or invest in a co-operative.

AKA LOANS TO OBTAIN AN INTEREST IN A COMPANY OR CONTRIBUTE CAPITAL

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32
Q

How should employees handle benefits in kind on their tax returns?

A

Employees must include the benefit sums on their tax return if they complete one.

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33
Q

Describe the two methods by which HMRC assesses and collects income tax.

A

The two methods are Self-Assessment and Deduction at source.

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34
Q

What was the dividend allowance prior to 6 April 2024?

A

Prior to 6 April 2024, the dividend allowance was £1,000.

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35
Q

Define the dividend allowance and its significance for taxpayers.

A

The dividend allowance allows individuals to receive the first £500 of dividend income tax-free. This allowance is the same for all taxpayers, regardless of their non-dividend income.

36
Q

How is interest on savings taxed for additional rate taxpayers?

A

Additional rate taxpayers do not receive any benefit from a personal savings allowance, meaning all interest received on savings is subject to income tax.

37
Q

Describe the personal savings allowance for basic and higher rate taxpayers.

A

Basic rate taxpayers are entitled to a personal savings allowance of £1,000, while higher rate taxpayers are entitled to £500. This means the first £1,000 or £500 of interest received on savings is taxed at 0%.

38
Q

What are the three categories into which Taxable Income is split?

A

Non-Savings, Savings, and Dividend Income.

39
Q

How is Taxable Income calculated from Net Income?

A

Deduct the Personal Allowance, which is reduced by £1 for every £2 of net income above £100,000.

40
Q

What is deducted from Total Income to find Net Income?

A

Available tax reliefs such as interest on qualifying loans and pension contributions. (ILP)

41
Q

Who utilises the PAYE system?

A

The PAYE (Pay As You Earn) system collects tax from employed individuals with uncomplicated tax affairs, eliminating the need for them to complete a self-assessment tax return.

42
Q

Who is required to complete a self-assessment tax return?

A

Individuals such as directors, high and additional rate taxpayers, and self-employed people are always required to complete a self-assessment tax return.

43
Q

Define Self-Assessment in the context of income tax.

A

Self-Assessment means it is the individual’s responsibility to calculate their own tax bill, rather than HMRC doing it for them.

44
Q

Define chargeable gain in the context of capital gains tax.

A

A chargeable gain is the profit made from the disposal of an asset, calculated by taking the consideration received and applying the appropriate capital gains tax (CGT) rate.

45
Q

Define the implications of making a gift in terms of asset valuation.

A

When a gift is made, the donor is deemed to have received the market value of the asset at the date of the gift, which can have tax implications.

46
Q

Do disposals to an individual’s own spouse count as transactions with connected persons?

A

No, disposals to an individual’s own spouse are not included in the definition of transactions with connected persons.

47
Q

Describe the purpose of Capital Gains Tax (CGT).

A

The purpose of Capital Gains Tax (CGT) is to tax the profit made from disposing of a capital asset that has appreciated in value during the owner’s period of ownership.

48
Q

How much gains can individuals make tax-free in the current tax year?

A

Individuals are entitled to make up to £3,000 of gains tax-free in the current tax year.

49
Q

Define the conditions under which CGT is charged.

A

CGT is charged when there is a Chargeable Disposal of a Chargeable Asset by a Chargeable Person, which results in a Chargeable Gain.

50
Q

How is the tax year for CGT defined?

A

The tax year for CGT is defined as running from 6 April to 5 April of the following year.

51
Q

When is the payment for CGT due?

A

The payment for CGT is due on or before 31 January following the tax year in which the disposal occurs.

52
Q

Describe the concept of ‘free uplift on death’ in estate management.

A

The ‘free uplift on death’ refers to the principle that the personal representatives of a deceased’s estate acquire the estate at its market value at the time of death, with no chargeable disposal occurring.

53
Q

Define the term ‘Principal Private Residence’ (PPR) in the context of Capital Gains Tax (CGT).

A

The Principal Private Residence (PPR) is a property that an individual occupies as their only or main residence, allowing them to claim an exemption from CGT for the entire period of ownership, with an additional exemption for the last 9 months even if not in actual occupation.

54
Q

Describe the conditions under which a married couple can claim a Principal Private Residence exemption.

A

A married couple can only have one Principal Private Residence (PPR) between them for CGT purposes; they cannot each claim a different PPR unless they are separated.

55
Q

If an asset is disposed of by granting it to a spouse, what will the value of the asset be?

A

The asset will be valued at the cost the first spouse obtained it for

56
Q

Define the implications of selling an asset to a connected person in terms of capital gains tax (CGT).

A

When an asset is sold to a connected person, the seller is considered to have disposed of the asset at its market value, which may result in a capital gains tax liability based on that market value.

57
Q

Describe who qualifies as ‘Connected Persons’ in a legal context.

A

‘Connected Persons’ include an individual’s relatives and spouses of their relatives, which consist of direct ancestors (parents and grandparents), lineal descendants, and siblings. It does not include lateral relatives like uncles, aunts, nephews, and nieces. Additionally, companies under common control and business partners are also considered connected persons.

58
Q

Describe the three types of expenditure that can be deducted from consideration received.

A

The three types of expenditure are: Disposal expenditure (incidental costs of disposal), Initial Expenditure (cost price of the asset and incidental costs of acquisition), and Subsequent expenditure (enhancements to the asset’s value and costs related to establishing or defending title).

59
Q

What constitutes initial expenditure when acquiring an asset?

A

Initial expenditure includes the cost price of the asset (base cost) and incidental costs of acquisition, such as surveyors’ and lawyers’ fees.

60
Q

Define the process for carrying forward unrelieved capital losses.

A

Unrelieved capital losses can be carried forward to future tax years and set against gains in those years, provided they are not covered by the annual exemption.

61
Q

Define Annual Exemption in the context of tax.

A

Annual Exemption (AE) refers to the amount of gains that individuals can make tax-free in a given tax year, which is £3,000 for the current tax year.

62
Q

Do companies benefit from the Annual Exemption?

A

No, companies do not have the benefit of any Annual Exemption.

63
Q

How are gains realized by companies treated for tax purposes?

A

Gains realized by companies are calculated similarly to CGT principles but are taxed at corporation tax rates, as companies do not pay CGT.

64
Q

Describe the capital gains tax (CGT) rates applicable to individuals based on their taxable income.

A

Individuals face two CGT rates: 10% for basic rate taxpayers and 20% for higher and additional rate taxpayers. Taxable income must be calculated to determine the applicable rate.

65
Q

How is the CGT rate determined for individuals whose taxable income is near the basic rate tax threshold?

A

If an individual’s taxable income plus total taxable chargeable gains is less than £37,700, the CGT rate is 10%. If it exceeds £37,700, the rate is 20%. If it straddles the threshold, gains within the unused part of the basic rate band are taxed at 10%, while the excess is taxed at 20%.

66
Q

Describe the effect of Business Asset Disposal Relief on Capital Gains Tax (CGT).

A

Business Asset Disposal Relief reduces the higher rate of CGT from 20% to 10% for gains arising on qualifying disposals.

67
Q

Define a qualifying disposal under Business Asset Disposal Relief.

A

A qualifying disposal includes the disposal of all or part of a trading business, assets in a business that used to trade, shares in a trading company, or shares in a company that used to trade, provided certain conditions are met.

68
Q

Define the requirements for disposing of a qualifying business asset

A

The business must be a trading business and must have been owned for at least two years prior to the date of disposal.

69
Q

Describe the conditions for disposing of assets from a business that has ceased trading.

A

The business must have been owned for at least two years before it ceased trading, the assets must have been used in the business when it ceased to trade, and the assets must be disposed of within three years of the business ceasing to trade.

70
Q

What is required for a person disposing of shares in a company to qualify for disposal?

A

The person must have been an officer or employee of the company holding at least 5% of the ordinary voting shares and entitled to at least 5% of the profits and net assets for at least two years before the date of disposal.

71
Q

How long does a person have to dispose of shares after a company ceases to trade?

A

The shares must be disposed of within three years of the company ceasing to trade.

72
Q

How does the lifetime allowance of Business Asset Disposal Relief work?

A

Individuals can make multiple qualifying claims during their lifetime until their cumulative gains reach the £1 million lifetime limit.

73
Q

What happens to gains beyond the £1 million lifetime allowance under Business Asset Disposal Relief?

A

Gains exceeding the £1 million lifetime allowance are charged to CGT at either 10% or 20%, depending on the individual’s CGT rate.

74
Q

Define the reduced rate of CGT applicable under Business Asset Disposal Relief.

A

The reduced rate of CGT applicable under Business Asset Disposal Relief is 10% for the first £1 million of qualifying gains.

75
Q

Explain the limitations of Business Asset Disposal Relief.

A

Business Asset Disposal Relief is not available for investment businesses or companies, meaning that disposals of buy-to-let properties or other non-trading businesses do not qualify for this relief.

76
Q

What is the CGT rate applied under Business Asset Disposal Relief?

A

The CGT rate applied under Business Asset Disposal Relief is 10%.

77
Q

Illustrate the calculation of CGT using an example.

A

If the Taxable Chargeable Gain is £150,000, the CGT at 10% would be calculated as £150,000 x 10% = £15,000.

78
Q

Describe the purpose of Investors’ Relief (IR).

A

IR was introduced to benefit investors in unlisted trading companies who hold their shares for at least three years by reducing the higher rate of Capital Gains Tax (CGT) from 20% to 10%.

79
Q

How does Investors’ Relief (IR) affect Capital Gains Tax (CGT) for qualifying shares?

A

IR reduces the higher rate of CGT from 20% to 10% for gains arising on disposals of qualifying shares, subject to a lifetime limit of £10 million.

80
Q

Define the conditions for shares to be considered qualifying shares under Investors’ Relief (IR).

A

Qualifying shares must be fully paid ordinary shares issued for cash consideration on or after 17 March 2016, from a trading company or holding company of a trading group, not listed on a recognized stock exchange at the time of issue, held for at least three years, and the individual must not be an officer or employee of the company.

81
Q

What type of companies do qualifying shares under Investors’ Relief (IR) come from?

A

Qualifying shares must come from a trading company or the holding company of a trading group.

82
Q

Who is excluded from qualifying for Investors’ Relief (IR) regarding their relationship with the company?

A

The individual or any connected person must not be, nor have been, an officer or employee of the company or any connected company.

83
Q

Describe the purpose of Replacement of business assets relief (Rollover Relief).

A

The purpose of Replacement of business assets relief, also known as Rollover Relief, is to allow taxpayers to postpone their Capital Gains Tax (CGT) liability when they sell certain business assets and replace them with new ones.

84
Q

Define the types of assets that qualify for Rollover Relief.

A

Qualifying assets for Rollover Relief include land and buildings, fixed plant and machinery, and goodwill.

85
Q

Explain the process of rolling over a gain into a replacement asset.

A

When a taxpayer sells a qualifying asset and replaces it with a new one, they can elect to roll over the gain from the sale into the cost of the replacement asset, postponing the CGT liability until the replacement asset is sold.

86
Q

How does the market value rule apply to gifts of business assets?

A

When a business asset is gifted, the market value rule applies, meaning the transfer is treated as occurring at market value, regardless of the actual amount given.

87
Q

Describe the relationship between hold-over relief and roll-over relief.

A

Both hold-over relief and roll-over relief allow for the postponement of CGT liability, but hold-over relief specifically applies to gifts of business assets.