Email:

enquiries@count-accountancy.com

Tel:

01563 578900

Fax:

01563 578901

Address:

Ayrshire Business Centre
P.O. Box 26037
Kilmaurs, Ayrshire
Scotland
KA3 2YG

FAQs - Capital Gains

1 Can I offset losses made in the previous tax years against this year's Capital Gains?

2. Can the profits realised on the sale of shares in joint names be used towards the capital gains allowance of just one person?

3. Can you let me know the basics for calculating a possible gain on some shares I bought in 1990, which I am about to sell?

4. I am thinking of selling my house. Do I need to worry about capital gains tax?

5. I have been made an offer for the purchase of a piece of my garden, belonging to my main residence. I am aware of the Principal Private Residence rule - what is the CGT situation on this?

6. I own a flat which I've never lived in and have let out. I now want to sell it - will I pay capital gains tax?

7. I purchased a domain name a couple of years ago and have now sold it. Is it treated as a capital gain?

8. My wife and I own a property 50/50 and are currently letting it out. When we come to estimate our capital gains tax liability can we both claim the £40,000 lettings relief on the same property?

9. We put our flat on the market and bought a house and moved in. Do we have to pay tax on the money made from the flat once we sell?

10. What, in layman's terms, is taper relief?


1. Yes, unused losses on previous capital disposals are carried forward to offset against future capital gains.


2. The split would normally be in the same ratio as the ownership of the shares.


3. The basic capital gains tax computation is to take your disposal proceeds and from this you can deduct the original cost of the shares, any commission on the original purchase and subsequent disposal of the shares. Taper Relief is applied to the purchase price.


From the ‘gain’ you can deduct your annual capital gains tax exemption. Any gain over this amount will be taxable on you.

The Inland Revenue have a leaflet entitled An Introduction to Capital Gains Tax, which may be of use to you.

4. Normally, the disposal of your main residence is covered by the private residence relief and is therefore not taxable. If however your property is not your main residence or if it has been let out, all or part of the gain may be taxable. If you are in doubt you should read leaflet IR283 Private Residence Relief from the Inland Revenue.


5. If the garden and grounds currently total less than half a hectare (about an acre and a quarter) there should be no problem in selling off a part and retaining the house as a residence. BUT if the garden and grounds are bigger than this, there may be tax to pay, regardless of the size of the part that is sold off.


The Revenue will usually argue that if you sell off part of a big (over 0.5 Ha) garden, main residence exemption will not be due on that sale, on the premise that a large garden is protected only if it is required for the "reasonable enjoyment" of the house. And if you've sold part of it off, it couldn't have been so required.


6. You could move in to the flat and create a Principal Private Residence, but it has to be for real. The length of time is a lot less important than the quality of occupation. Change address, phone listings, contact addresses at work / with friends, new address for utilities, council tax bills, doctor, dentist. You know - all the badges that go with a genuine house move.

Don't forget your present house though. Could that still be a residence? If so, then you have to chose a PPR and notify the Inland Revenue which one it is.

Never do anything purely led by tax reasons. Sell at the best time for the best price. You might pay some tax, but treat it as an expense and see if you still come out with a better profit.


7. Yes, unless you were trading in them, then it would be income tax or Corporation Tax.

You may be able to deduct expenses against the Capital gains on the realisation of your asset. For example if you advertised your domain name, or had to have upkeep of it.


8. The maximum lettings relief that can be claimed is £40,000 each, if the property is in joint names. However, the property that has been let must be part of your dwelling house. £40,000 is the maximum amount that each of you could claim. If the relief for ‘owner occupation’ is lower, this figure is used instead. This is a complicated issue and you may wish to seek independent taxation advice on this.


9. No - provided it takes less than 36 months to sell it. It was your personal property and main residence and that is exempt from Capital Gains Tax. It would only be taxable if you started letting it out in the interim as an Asset. Any CGT liability would be based on time apportionment.


10. Inflation: The Retail Prices Index. £1 buying more a few years ago than it would do today.

That was the basis of the Indexation Allowance when doing a Capital Gains Tax (CGT) sum.

Gain = Sale proceeds - (cost + addition)

The addition reduced the gain by inflating the cost when first buying it years ago by the Retail Prices Index - ie £1 then = say £1.50 now.

This method of inflating the cost price stopped in April 1998 and was replaced with taper relief.
(However Ltd companies continue to get indexation still.)

Work out the gain, calculating indexation first if necessary, and then reduce the gain you'll pay CGT on by a percentage based on how long you've owned it since April 1998.

There are different rates depending on whether the item you are selling was an asset used for business or not.

For the sale of business assets, the percentage reductions start sooner, and are given at generous rates.

For non-business assets the reduction doesn't even start until you've owned the asset for three years, and even then they're not as generous.

As a small bonus, if you bought the non-business asset before the indexation allowance was discontinued, you get an extra year. That is, say you've owned something for 2 years - normally there would be no taper relief claimable, but because it was bought a while ago, (before 17 March 1998) you are allowed to take the taper relief that corresponds to 3 years ownership, and reduce the Taxable Gain.

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