Topic 4 Taxation 2 Flashcards
The sale or gift of the below are examples of ?
- Personal Property (Over a certain amount)
- Land/property not the persons home
- Personal property if large and used commercially
- Business assets
Capital Gain
What is the name of an individuals CGT allowance?
Annual Exempt Amount
What do the below all have in common?
- Bare Trust
- Trustees of trust for vulnerable person
- Legal Personal Representatives
Full AEA applies
How much Annual Exempt Amount do trustees of other trusts receive?
Half
What was Bed & Breakfasting?
Holders of shares/UT’s would sell assets each year and repurchase next day to have a smaller gain for AEA.
How is Bed & Breakfasting stopped?
Any holding sold and repurchased within 30 days are treated as not to have happened
Main residence, ISA’s, personal belongings below £6K, Lottery/premium bond winnings
All exempt for CGT
What happens if a loss is made on asset sale?
- Loss must be offset again that years AEA
- Residual losses can be carried forward to future years
What are the 4 CGT reliefs?
- Personal residence
- Business assets disposal
- Roll-over relief
- Hold over relief
What is Private residence relief?
- when a person sells their only property
- If one than 1 house is owned they can choose which property to claim relief on
- Rules tell how long a person can live away from main residence and still claim full relief
What is Business assets deposit relief?
- Sole trader/Person who has 5% ordinary shares + 5% voting rights in company
- 5% entitlement to distribution profits and net assets of company
- Also for gains from investment in unlisted company
What is Roll-over relief?
- Assets sold and replaced by other assets
- Replacement must be bought within 1-3 years of original asset sale
- Relief can be claimed to either the lower of the gain or reinvented amount
What is Hold Over Relief?
- When assets gifted to a recipient CGT can be deferred until receipt disposes of assets.
- Gift can be wholly or partly passed to recipient
- Assets used by donor in their trade
- Shares in transfer of personal company
- Agricultural property that would attract IHT
- Assets with immediate charge to IHT
Examples of Hold-over gain
What is inheritance tax?
Tax on the estates of deceased people
What is the estate?
Is not just the property but also other assets and money
What is the Nil Rate Band?
Is rate above which IHT charged on the property. The Nil rate band is £325,000
What happens to the NRB when a person dies?
- The unused portion of the NRB can be to the surviving partner
- Exempt from IHT
What is the Residential Nil Rate Band?
If estate is being left to children an additional band worth £175,000 is applied
What happens if the RNRB is larger than the estate?
The RNRB is reduced to the estate’s value
How are the NRB & RNRB similar?
The unused portions can both be transferred to the surviving spouse
What happens to the RNRB if an estate is worth more than 2 Million?
It is tapered away at the value of £1 for every £2 over 2 million
What happens if the property is less than the RNRB?
An unused portion can not be used again other assets in the estate
What is a Potentially Exempt Transfer?
- When a person transfers assets from their estate during there lifetime
- Subject to IHT when transferred
What happens if the donor survives for 7 years after making the gift?
Transaction is exempt from IHT
What happens is a donor dies in less than 7 years?
The value of the gift and estate is subject to IHT
How is IHT taken against gifts & and an estate?
Gifts are offset again the NRB first then the estate