Unit 1 - Topic 4 Taxation Flashcards
What is capital gains tax?
Capital Gains Tax (CGT) is payable on a gain made on the disposal of certain assets (usually by selling them).
What is Capital Gains Tax (CGT) payable on?
1) Personal property worth more than £6,000 2) A property or land that is not the individual’s main home 3) The individual’s main home if it has been let out or used for business, or if it very large. 4) The sale of shares - if they are not held in an ISA 5) Business assets, such as land, buildings, machinery or registered trademarks.
What is the annual CGT allowance and can it be carried forward?
For 2020/21 it is £12,300 and no.
What happens if a loss is made on disposal of an asset?
The loss can generally be offset against gains made elsewhere. It must first be offset against gains made in the year the loss occurred. Residual losses may then be carried forward to future years.
What are the rules relating to the calculation of taxable gain?
1) the cost of purchase can be added to the purchase price and the selling costs can be deducted from the sale price (therefore reducing the size of the gain)
2) The cost of improvements to an asset can be treated as part of its purchase price (repairs and maintenance cannot)
3) Capital gains made before March 1982 are not taxed so, anything acquired before that date must be valued and this submitted as the actual purchase price
4) CGT is charged on the gains arising from disposals in a tax year
What are the steps involved in calculating CGT?
1) Calculate the amount of the gain
2) Deduct the CGT annual exempt amount (if this has not already been used on other gains)
3) Deduct any losses that can be offset against the gain
4) What remains is the taxable gain
5) Add taxable gain to the taxable income to establish what rate(s) of CGT should be paid
6) Apply tax at appropriate rates: 10% for basic rate, 20% otherwise, with an 8% supplement where the gain results from the sale of a property not subject to private residence relief.
What is private residence relief?
This relief is available for CGT if somebody sells the property that they have lived in as their main home. If somebody has more than one residence, they can nominate their primary residence that they wish to claim private residence relief.
What is entrepreneurs’ relief?
This means a lower rate of CGT (10%) is applied to a lifetime limit of £1m on cumulative gains arising from the disposal of trading businesses and from certain disposals of shares in trading companies. In order to claim this relief, the individual must generally own at least 5% of the ordinary share capital of the business.
What is Roll-Over relief?
This can be claimed if business assets are disposed of and then replaced by other business assets. Instead of CGT falling due on the original disposal, it is deferred until a final disposal is made. The replacement asset must be bought within a period of one year before and three years after the sale of the original asset.
What is Hold-Over relief?
(Gift Hold-Over relief) means that if you gift an asset to somebody, you do not pay CGT on it, however the recipient will when they dispose of it.
What is Inheritance Tax?
IHT is levied on the estate of a deceased persons and is charged following an individual’s death. This tax is charged on the amount by which the value of the estate exceeds the available nil-rate band at the date of the death.
What is Nil-Rate Band (NRB)
The amount on which a nil rate of IHT applied, in other words, the amount is liable to tax but the rate that applied is 0%.
Surviving spouses and civil partners can increase their own nil-rate band by the proportion of unused nil-rate band from the earlier death of their spouse/civil partner. True or False?
True. It is the unused percentage that is carried forward, not the unused amount. This can then be applied on the current thresholds as a percentage.
What is the Residence Nil-rate Band?
Where part of a deceased person’s estate includes a residence, and is being left to a direct descendent, an additional residence nil-rate band can be applied. This is in addition to the nil-rate band.
What is a potentially exempt Transfer?
PETs are where gifts made during one’s lifetime are potentially exempt transfers and are not subject to tax. If the donor dies within 7 years of gifting, then the gift could be liable to tax unless the gift is exempt.