WHC is the trading name of Derede UK Limited, company number 06133298. Derede UK Limited is registered to carry out audit work in the UK and is regulated by the ICAEW. Details of the audit registration can be viewed at www.auditregister.org.uk under reference number C003509394
Capital gains tax
We consider the taxation of capital gains and outline the reliefs available. WHC can provide taxation advice to ensure that maximum opportunity is taken of the reliefs available for capital gains tax.
A capital gain arises when certain capital (or 'chargeable') assets are sold at a profit. The gain is the sale proceeds (net of selling costs) less the purchase price (including acquisition costs).
What are the main features of the current system?
From 6 April 2016 capital gains tax (CGT) is charged at the rate of 10% on gains (including any held over gains coming into charge) where net total taxable gains and income is below the income tax basic rate band threshold. Gains or any parts of gains above the basic rate band are charged at 20% with a few exceptions which are considered in the ‘Exceptions to the CGT rates section’ below.
For disposals prior to 5 April 2016 capital gains tax (CGT) rates were 18% on gains within the basic rate band. Gains or any parts of gains above the basic rate band limit were charged at 28%.
Entrepreneurs’ relief may be available on certain business disposals.
Entrepreneurs' Relief
ER may be available for certain business disposals taking place on or after 6 April 2008 and has the effect of charging the first £10m (from 6 April 2011) of gains qualifying for the relief at an effective rate of 10%.
The relief will apply to gains arising on a disposal of:
A trading business includes professions but only includes a property business if it is a 'furnished holiday lettings' business.
Restrictions on obtaining the relief on an “associated disposal” are likely to apply in certain specific situations. This includes the common situation where a property is currently in personal ownership, but is used in an unquoted company or partnership trade in return for a rent. Under ER the availability of relief is restricted where rent is paid from 6 April 2008 onwards.
What is clear is that careful planning will be required with ER but if you would like to discuss ER in detail and how it might affect your business, please do get in touch.
Investors Relief
Entrepreneurs’ Relief has been extended to external investors (other than certain employees or officers of the company) in unlisted trading companies. To qualify for the 10% CGT rate under ‘investors’ relief’ the following conditions need to be met:
An individual's qualifying gains for investors' relief are subject to a lifetime cap of £10 million.
Simplification of the share identification rules
All shares of the same class in the same company are treated as forming a single asset, regardless of when they were originally acquired. However, 'same day' transactions are matched and the '30 day' anti-avoidance rules will remain.
Example
On 15 April 2017 Jeff sold 2000 shares in A plc from his holding of 4000 shares which he had acquired as follows:
1000 in January 1990
1500 in March 2001
1500 in July 2005
Due to significant stock market changes he decided to purchase 500 shares on 30 April 2017 in the same company.
The disposal of 2000 shares will be matched firstly with the later transaction of 500 shares as it is within the following 30 days and then with 1,500/ 4000 (1000+1500+1500) of the single asset pool on an average cost basis.
CGT annual exemption
Every tax year each individual is allowed to make gains up to the annual exemption without paying any CGT. The annual exemption for 2017/18 is £11,300 (2016/17 £11,100). Consideration should be given to ensuring both spouses/civil partners utilise this facility.
Exceptions to the CGT rates
Although the rates of CGT were generally reduced to 10% and 20% from 6 April 2016 the previous 18% and 28% rates continue to apply for carried interest and for chargeable gains on residential property that does not qualify for private residence relief. In addition, the 28% rate still applies for ATED related chargeable gains accruing to any person (principally companies).
Other more complex areas
Capital gains can arise in many other situations. Some of these, such as gains on Enterprise Investment Scheme and Venture Capital Trust shares, and deferred gains on share for share or share for loan note exchanges, can be complex. Please talk to us before making any decisions.
Other reliefs which you may be entitled to
And finally, many existing reliefs continue to be available, such as:
How we can help
Careful planning of capital asset disposals is essential in order to minimise capital gains tax. We, at WHC, would be happy to discuss the options with you. Please contact us if you would like further advice.