Capital gains tax - Main reliefs and exemptions

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Overview

Capital Gains Tax (CGT) is a fundamental part of the UK tax system, affecting both individuals and businesses. Aspiring solicitors preparing for the SQE1 FLK1 exam need a thorough understanding of CGT reliefs and exemptions. This guide explores Business Asset Disposal Relief, Hold-Over Relief, Rollover Relief, and the Annual Exemption. By examining the legislative background, applications, and examples, this resource aims to prepare candidates for their exams and future legal careers.

Business Asset Disposal Relief (BADR)

Business Asset Disposal Relief, previously Entrepreneurs' Relief, provides a tax reduction for qualifying business disposals under the Taxation of Chargeable Gains Act 1992, sections 169H to 169S.

Key Features and Requirements

  • 10% tax rate on qualifying gains, up to £1 million lifetime limit
  • Applies to sales of a business, certain assets, and shares or securities
  • Assets or shares must be owned for at least two years
  • The individual must be a company officer or employee, dedicating at least 5% of their working time

Legislative Framework and Policy Objectives

BADR encourages entrepreneurship by offering a lower tax rate on sales, although the lifetime limit reduction in 2020 targeted smaller entrepreneurs.

Example: Application of BADR

Sarah, a sole trader, sells her consultancy business for £1.5 million, generating £1.2 million. With BADR:

  1. First £1 million of gain: Taxed at 10% = £100,000
  2. Remaining £200,000: Taxed at 20% = £40,000
  3. Total CGT liability: £140,000

Without BADR, Sarah's CGT liability would have been £240,000 (20% of £1.2 million).

Hold-Over Relief

Hold-Over Relief allows deferral of CGT on transfers like gifts, governed by sections 165 and 260 of TCGA 1992.

Conditions and Scope

  • Applicable to gifts of business assets or shares in trading companies
  • Can apply to undervalue sales with a gift element
  • Both parties must consent
  • Gain is deferred until the recipient disposes of the asset

Strategic Implications

Hold-Over Relief aids succession planning, enabling business transfers without immediate tax burdens.

Example: Intergenerational Business Transfer

John transfers his £2 million manufacturing business to his daughter Emma.

  1. Potential gain: £1.5 million
  2. Hold-Over Relief claimed: No immediate CGT for John
  3. Emma acquires the business at a £500,000 base cost
  4. Future sale: Emma liable for CGT from the £500,000 base

Rollover Relief on Replacement of Business Assets

Sections 152 to 158 of TCGA 1992 cover Rollover Relief, allowing CGT deferral when proceeds from business assets are reinvested.

Key Aspects

  • For sole traders, partnerships, and companies
  • Qualifying assets: property, buildings, machinery, and goodwill (sole traders and partnerships)
  • Reinvestment period: 1 year before to 3 years after disposal
  • Partial relief if only part of the proceeds is reinvested

Strategic Considerations

Rollover Relief supports business upgrades without immediate tax effects, useful for relocation or modernization.

Example: Business Expansion Scenario

XYZ Ltd sells a warehouse for £1 million, gaining £400,000, and reinvests £1.2 million in new facilities.

  1. Entire gain of £400,000 can be rolled over
  2. New asset base cost: £800,000
  3. Future sale: CGT calculated from £800,000 base cost

Annual Capital Gains Exemption

The Annual Exempt Amount offers individuals a tax-free allowance for gains each tax year, set at £6,000 for 2023/24.

Strategic Utilisation

  • Can optimize tax efficiency with other reliefs
  • Useful for managing investment portfolios
  • Unused allowance cannot be carried forward

Practical Application

An investor realizes a total gain of £14,000 across sales in a tax year:

  • Annual exemption: £6,000
  • Taxable gain: £8,000

Additional Considerations

International Aspects

Interaction with international tax treaties and rules adds layers to cross-border transactions, such as the UK-US Double Taxation Convention.

Economic Context and Policy Evolution

Recent reductions in CGT reliefs highlight a shift towards more targeted tax breaks, signaling a need for awareness of ongoing policy discussions.

Anti-Avoidance Measures

The Targeted Anti-Avoidance Rule (TAAR) in section 16A of TCGA 1992 prevents misuse of CGT reliefs, focusing on arrangements aimed at gaining tax advantages.

Conclusion

A solid understanding of Capital Gains Tax reliefs and exemptions is vital for success in the SQE1 FLK1 exam. The interplay of Business Asset Disposal Relief, Hold-Over Relief, Rollover Relief, and the Annual Exemption forms a challenging area that solicitors must address. Staying informed on tax legislation changes is essential for effective tax planning and advice in a dynamic legal environment.

Key points:

  • BADR offers a 10% tax rate on qualifying gains up to a £1 million lifetime limit
  • Hold-Over Relief defers CGT on gifts or undervalue business asset sales
  • Rollover Relief defers CGT when reinvesting proceeds in new assets
  • Annual Exemption provides a tax-free gains allowance, currently £6,000 for 2023/24
  • International rules, policy changes, and anti-avoidance measures complicate CGT planning
  • Understanding these reliefs is vital for effective tax advice and excelling in the SQE1 FLK1 exam