CTA IND 55 - 66 Flashcards
(25 cards)
Loan stock will be a qualifying corporate bond (QCB) if it is:
- Issued after March 1984
- Expressed in sterling
- Not convertible into any other currency
What is a gilt?
Gilts and QCB’s are both…
Loan stock issued by government
exempt from CGT for individuals
What happens when QCG received as part of a takeover?
Gain calculated in same way as if cash received.
Gain is frozen and it crystallises when QCB is sold
EIS reinvestment relief is available when?
a taxpayer sells any asset and subscribes for qualifying shares
*must be UK resident
**must acquire shares 12 months before or three years after disposal of OG asset
The amount deferred for EIS reinvestment relief is the lowest of:
- the gain
- the amount invested in EIS shares
- a specified amount*
*so that AEA can be used
What happens when you use EIS reinvestment relief?
The gain deffered is frozen, and crystallises at a chargeable event such as :
- sale of shares
-no longer UK resident - Shares not eligible
When must a claim for EIS reinvestment relief be made by?
No later than 5 years from 31 january after the end of the tax year of the issue of the shares
SEIS reinvestment relief is available when?
taxpayer sells asset and claims SEIS income tax relief in same tax year
What does SEIS reinvestment relief mean?
- Gain relieved is exempt from CGT
- Gain relieved is 50% of ‘available SEIS expenditure’*
*Lowest of
- gain
- amount reinvested on which SEIS claimed (max 200,000)
- amount specified
What happens if SEIS shares are sold within 3 years?
Relieved gain becomes chargeable and is charged to tax in the tax year the shares were issued
The amount of private residence relief for CGT is:
Gain x period of occupation / period of ownership
Deemed occupation for PRR :
Last 9 months
Provided taxpayer lived in house point before and after:
- Any period employed abroad
- Up to 4 yrs when working away from home
- Up to 3 yrs for any reason
*delayed occupation ie construction up to 24 months
Lettings relief is residence let whilst part of property occupied as main residence.
Lettings relief is :
LOWEST OF :
- gain attributable to letting
- PRR
- £40,000
True or false: rent a room scheme restricts PRR
False
Will PRR be apportioned if part of home used exclusively for business?
YES
If an asset lost / destroyed and compensation is received, this is a disposal of that asset.
The date of disposal is…
The proceeds are…
- date of receipt of compensation
- compensation received + scrap value of asset (if any)
*if replacement asset bought within 12 months, gain can be rolled over
**cash retained is immediately chargeable
If an asset becomes worthless, a negligible value claim can be made to crystallise the loss.
It can be claimed as a loss for either ….
that year
or
either of the two preceding tax years
If the remittance basis is used, are you entitled to AEA?
No
*unless automatic remittance basis (income and gains under £2k)
NRCG UK land disposals:
If residential property acquired before 6 April 2015 , the default method of calculation requires property to be valued at that date.
*non residential = 5 April 2019
Chargeable gain is..
Difference between sale proceeds and value at 5 April 2015 (2019 non residential)
*alternatively, an election for straight line apportionment can be made
Straight line apportionment for residential property (non resident) is calculated by:
- Normal gain calculation
- Gain x time owned post april 2015 / total ownership (years)
‘Qualifying individuals’ can ‘rebase’ their non-UK assets at 5 April 2017.
This means that…
Qualifying individuals are…
gains on foreign assets will be calculated using april 2017 value rather than original cost
those who became deemed domicile under 15/20 rule on 6 april 2017 and who paid remittance basis charge in any tax year
*rebasing is on an asset by asset basis
A purchase of own shares will be treated as …. unless the conditions for …. are met
- Income distribution
- Capital treatment
Purchase of own shares: Income distribution key concepts:
Treated as dividend income
Dividend = amount received on share buy back - original subscription price of the shares (nominal value)
*CGT on disposal. Sale proceeds are original subscription price
Purchase of own shares: Capital distribution =
Disposal gives rise to capital gain at 10%,20% (may get BADR)