Module 10: Other Relieds from Chargeable Gains Flashcards
PPR relief
(Period of occupation / period of ownership)
X
Gain
CGT EIS reinvestment relief
Defers the chargeable gain on the sale of ANY asset where a qualifying investment (into EIS shares) is made within a qualifying time frame
For CGT EIS reinvestment relief to be fully available
The whole chargeable gain must be reinvested
Subscribes to shares
Buying brand new shares that have never been issued before
Depreciating asset
Life of less than or equal to 60 years
Gains qualifying for ER taxed at
Preferential 10% rate regardless of level of taxable income
Mix of gains, some ER and some non-qualifying
Often taxed at 28/20% rather than 18/10% as BR band is usually exhausted
AEA allocated in priory to
Non ER gains to save max amount of tax
Disposal of sold trade business - Land and buildings
ER
Disposal of a sold trade business - goodwill
ER
Disposal of a sold trade business - plant and machinery
Cars exempt
Disposal of a sold trade business - plant and machinery sold at loss
No capital loss allowed as capital allowances claimed
Disposal of a sold trade business - other net assets
Exempt
Amount which cannot be deferred =
Lower of
Net sale proceeds not reinvested
Chargeable gain on sale of first asset
If rollover relief
Reduce base cost of asset 2
If holdover relief
Record gain and wait until triggered
Gift relief claim
Gain deferred by reducing base cost of asset by gain amount
Gains on investment assets - gift relief
Do not qualify
Partial gift/ part sale - chargeable gain w
Part of gain remains chargeable
Amount chargeable = excess of actual cash proceeds less cost for GCT
Election of gift relief
Joint election by donor and donee
Relief of gift of shares in personal company
Total gain x CBA / CA
CBA = market value of chargeable business assets
CA = market value of chargeable assets
Common one is investments - CA but not CBA
Gift relief vs entrepreneur’s relief
Gift relief takes precedence
Incorporation relief - gain deferred
Value of share consideration/
Value of total consideration
X
Total gains
Conditions for incorporation relief (3)
- business must be transferred as a going concern
- all the assets of the business must be transferred
- business must be exchanged wholly or partly for shares
Incorporation relief claim
Automatic
Entrepreneur’s relief on gains arising in goodwill on incorporation of close company
Not available
Letting relief only available when
House has already qualified for PPR
Letting relief =
Lowest of:
- £40,000
- gain covered by PPR relief
- gain attributed to period let
Gain covered by let period =
Let period (months) - deemed occupation / total months
X
Gain
Qualifying reinvestment CGT EIS (3)
- Individual subscribes to ordinary shares
- in qualifying EIS company
- for cash