R03 Flashcards

(334 cards)

1
Q

What is the 6-step process for an income tax calculation?

A
  1. Add up all income that could be subject to income tax in the tax year (gross income)
  2. Deduct any reliefs (net income)
  3. Deduct personal allowance (taxable income)
  4. Extend the basic and higher rate bands (personal
    pension contributions/gift aid donations)
  5. Calculate tax
  6. Deduct any tax reducers
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2
Q

What are the 4 groups that HMRC split income into, in the correct order they are taxed?

A
  1. Non-savings income (earnings, pensions and rental income)
  2. Savings income (interest from banks/building societies, interest from fixed interest-securities and mutual funds)
  3. Dividend income
  4. Chargeable gains under non-qualifying life
    policies
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3
Q

How can employment status be tested to determine whether an individual is employed or self- employed?

A

Contract of services Vs. contract for services

The degree of control the ‘employer’ has over the worker

Set hours or holiday pay indicates employed

Ability to take business risk indicates self-employed

Working wholly/mainly for one employer indicates employed

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4
Q

How are expenses treated for both self-employment and employment?

A

Self-employed expenses only have to be deemed wholly and exclusively for the purpose of business

Whereas employee expenses must be wholly, exclusively and necessarily incurred in the performance of the employee’s duties

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5
Q

A salaried member of limited liability partnership is taxed as an employee unless what?

A

Taxed under self-assessment if more than 20% remuneration is based on profits of LLP or they have a significant say in the running of the business or they have made a significant capital contribution to the business

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6
Q

What is the basis of assessment for self- employed people in their first tax year?

E.g. started trading on 1/07/2019 and have a 30th June accounting year end?

A

First year is based on the profits for that tax year

In the example, the first tax year is 19/20 and you would be taxed on everything from 01/07/2019 to 05/04/2020

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7
Q

What are the rules for overseas property income?

A

UK residents are taxed on global property income, whereas non-UK residents are taxed only on UK property income

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8
Q

What is the basis of assessment for property income and what expenses are allowable (deductions)?

A

Property accounts must be drawn up to the 5th April or 31st March

Deductions must be wholly and exclusively incurred for the property.

Allowable expenses include maintenance and repairs and furnishings provided by the tenant, but you cannot deduct home improvement expenses (e.g. a loft conversion)

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9
Q

Are interest payments normally paid gross or net?

A

Normally, interest payments and dividends are paid gross (i.e. no tax is deducted)

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10
Q

When must tax be deducted from annuity payments?

A

If the money used is not deemed to have had income tax charged to it then the payer must inform HMRC and make the payment net of 20% tax

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11
Q

If an individual receives income, where basic rate tax (20%) has been deducted at source, how is this dealt with on their tax return?

A

Where basic rate has been deducted at source, the gross income must be included in the individual’s self-assessment

The net amount is entered on the tax return, whereas the gross is used to calculate the individuals tax liability

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12
Q

What is the tax treatment of dividends?

A

All dividend income is received gross

Everyone is entitled to a dividend allowance of £2,000 Anything more than this, is taxed as follows:

 7.5% for basic rate taxpayers
 32.5% for higher rate taxpayers
 38.1% for additional rate taxpayers

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13
Q

For which amounts is tax relief given by a reduction in an individual’s income?

A

Qualifying interest payments

Allowable business losses

Gifts to charities of shares and securities

Qualifying contributions to occupational pension plans (if relief not given at source)

Some retirement annuity plans (if relief not given at source)

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14
Q

Interest on qualifying loans can be deducted from income for tax purposes. What are these qualifying purposes?

A

Purchasing shares in the borrower’s company or to finance loans for the company

Investing in a partnership

Purchasing plant/machinery to use in a partnership

To pay inheritance tax

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15
Q

What is the maximum amount of interest and allowable business losses that can be deducted from total income?

A

Capped at the higher of £50,000 or 25% of a person’s adjusted total income

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16
Q

Can interest on loans used to purchase or develop land/buildings be deducted from total income in order to give tax relief?

A

Interest on a loan used to purchase or develop land/buildings is not a deduction from total income

If the property is non-residential and is let, interest is an allowable deduction for the property letting account

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17
Q

What are the 3 main tax-efficient ways of making charitable donations?

A

Gift aid

Payroll giving

Gifts of certain assets

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18
Q

How does tax relief for gift aid donations work?

A

The donation to charity is treated as a payment on which the donor has already paid tax at the basic rate (20%), the charity can then reclaim this tax

The value of the gift is grossed up (divide by 0.8) and the individuals basic and higher rate tax limits are extended by this amount

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19
Q

If a gift has been made to charity via gift aid what are the limits of any reciprocal benefits that can be received by the donor?

A

Any benefit received by the donor from the charity cannot exceed 25% of the first £100 donated and 5% of anything over, capped at a maximum of £2,500

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20
Q

How does payroll giving work?

A

It allows the donor to make donations directly from their salary to a charity. The employer deducts the donation from gross pay, so no tax is paid on the donation

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21
Q

What 3 ways can tax relief for relievable pensions be given?

A

Relief at source

Net pay arrangement

Relief by making a claim

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22
Q

What is classed as relevant UK earnings?

A

Profits from a UK self-employment or partnership

Earnings from a UK employment

Earnings from certain overseas crown employments

Earnings that have been subjected to UK tax

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23
Q

An individual is a relevant UK individual if they have what?

A

Have relevant UK earnings for the year

Are resident in the UK at some point in the tax year

Resident at some point during the 5 previous tax years and were UK resident when they joined the pension scheme

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24
Q

Who can contribute to a registered pension scheme?

A

Anyone who has relevant UK earnings can contribute to a registered pension scheme

Relevant UK individuals who have no relevant UK earnings can contribute up to £3,600 per year

Individuals who have relevant UK earnings can get tax relief on contributions up to the lower of 100% of their relevant UK earnings or £40,000

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25
For how many years can the annual allowance for pension contributions be carried forward?
3 years
26
What is the lifetime allowance on an individual’s tax-exempt pension fund?
£1,073,100
27
How does relief at source work for pension contributions?
Contributions are deducted from an employee’s net salary The employer deducts only 80% of the total contribution from the employee’s salary, the scheme then adds an amount equal to basic rate tax relief Higher and additional rate tax relief is given by extending the respective tax bands by the gross pension contribution (done via self-assessment)
28
How does a net pay arrangement work?
Contributions are deducted from an employee’s gross salary (i.e. before tax has been deducted). The employee then pays tax only on salary ‘net’ of the contribution This means the employee automatically receives tax relief at their highest rate of income tax
29
Unless employee benefits have been payrolled, what is the name of the form that employers must complete for HMRC?
P11D
30
How are employee benefits taxed?
Employees are taxed on the cash equivalent of a benefit rather than on its second-hand value This is the cost to the employer of providing benefit Contributions made by the employee towards the cost are deducted
31
If an employee has use of an asset, how is the cash equivalent calculated?
The cash equivalent is the annual value of the use of the asset plus any maintenance costs The annual value is 20% of market value when the asset was first provided If benefit is rented by employer, the benefit is the higher of the annual value or rent paid
32
Name three examples of ‘in-house’ benefits?
Goods and services sold by the business that are provided free or at a discount to employees Services and facilities provided in house Assets used in the business made available for
33
For use of a company car, how is the taxable benefit calculated?
The benefit is calculated as a percentage of the list price of the car The percentage is determined by the cars carbon dioxide emissions Any discounts given to the employer are ignored but accessories are added
34
Are pooled cars classed an employee benefit?
Not classed an employee benefit as they are used by several people and not normally kept at employees’ home
35
How is the taxable benefit for free fuel for private use calculated?
The benefit is a percentage of a set figure announced each tax year, currently £24,600 The percentage that is used is the same as those for the car benefit charge
36
For ultra-low-emission cars, where CO2 emissions are between 1-50g/km and they have a fully electric range of over 130 miles, what is the percentage charge?
2%
37
What are the statutory mileage rates for an employee who uses their own car for business mileage?
For income tax purposes, the mileage rates that can be paid free of tax is 45p per mile for the first 10,000 miles, then 25p per mile thereafter For NIC purposes, there is a flat rate 45p for all business miles
38
What is the basic rule for calculating the taxable benefit of employers providing living accommodation?
Employees incur a tax charge if the employer provides low-rent or rent-free accommodation The assessment is based on the annual value. This is the rent that would be reasonably expected to be paid if the property were let, or the rent paid by the employer if this is greater
39
What are 3 ways an employee can avoid being taxed on the benefit of living accommodation?
The accommodation is necessary for the performance of the employee’s duties If it helps the employee to perform their duties better There is a threat to the employee’s security
40
What are 3 other taxable benefits?
Cash vouchers Non-cash vouchers Credit tokens (company credit cards) Medical insurance
41
What are 5 benefits exempt from tax?
Group income protection Provision of meals Mobile phones Long service awards Suggestion schemes Workplace childcare
42
What is the current personal allowance, and when is it reduced?
All qualifying individuals have an annual PA of £12,570 (there is no minimum age requirement) It is reduced by £1 for every £2 an individual’s adjusted net income exceeds £100,000 If adjusted net income over £125,140 PA fully removed
43
What is adjusted net income (ANI)?
Adjusted net income is net income (total income less deductions for loss relief and interest payments) less the gross amount of personal pension contributions and gift aid contributions
44
How does the Marriage Allowance work?
An individual can transfer 10% of their personal allowance to their spouse/civil partner. The transferable amount is therefore £1,257 This is beneficial where one partner is a low earner and does not utilise their full PA It can only be used if the receiving spouse/civil partner is a basic rate taxpayer
45
Those individuals with adjusted net income of between £100,000 - £125,000 fall into the ‘personal allowance trap’, how can this be avoided?
This can be avoided by reducing adjusted net income. The methods to do this are: Use tax free investments, such as ISA’s, to turn taxable investment income into non-taxable income Making pension payments (subject to relief at source) and making donations under gift aid
46
How much is the blind person’s allowance and how is it applied?
£2,520 is available to registered blind people resident in the UK. It is deducted from income the same way as the personal allowance
47
What are the 2 ways an individual can extend their basic and higher rate tax bands?
They can be extended by the addition of the gross value of payments into pension schemes (subject to relief at source) and donations to charity under gift aid
48
How much is the personal savings allowance?
For basic rate taxpayers, the personal savings allowance is £1,000, and for higher rate taxpayers, it is £500 Additional rate taxpayers are not entitled to a personal savings allowance
49
For the purposes of the personal savings allowance, what does savings income include?
Interest Interest from purchased life annuity payments Gains from life assurance contracts
50
Is tax relief given for maintenance payments made to a spouse/ civil partner?
No tax relief is given for most maintenance payments made to divorced spouses or children with one exception When either spouse was born before 6th April 1935 and the payments are made to a divorced spouse, not the children The relief is given at 10% on payments up to £3,510 per year
51
What is the £100 rule when thinking about the taxation of children’s income?
The £100 rule applies on income derived from an asset that the parent has given the child Any income earned over £100, will be taxed as the parents (unless held in a JISA or a Child Trust Fund) The rule only applies to parents, therefore investments provided by anyone else escape the rule, e.g. grandparents
52
How does the high-income child benefit charge work?
If one parent’s adjusted net income exceeds £50,000 and they or their partner is in receipt of the child benefit an income tax charge will apply If one income is over £50,000, the charge is 1% of the family’s child benefit for every complete £100 of income over this
53
What is the current child benefit rate for the first and subsequent children in 2021/22?
£21.15 a week for the first child and £14 a week for each subsequent child
54
What are the three parties to a trust?
The settlor is the individual who creates the trust The trustees are the legal owners of the trust property, who hold and administer it for the benefit of the beneficiaries The beneficiaries are those who benefit from the trust once it has been established
55
What is the tax treatment of a bare/absolute trust?
The income is taxable as the beneficiary’s income at their marginal rate The beneficiary is liable for the tax and has access to all their normal allowances They must include the trust income on their self-assessment
56
How is a bare trust treated for a minor?
If a parent gifts money to an unmarried minor child (under 18) through a trust, the trust is treated as a settlor-interested trust. This means that the trust income is usually taxed as the parent’s income The £100 rule applies
57
What are the two categories of vulnerable beneficiaries?
Disabled persons and relevant minors A ‘disabled person’ is somebody who is eligible for some form of disability benefits (e.g. attendance allowance, disability living allowance etc.) A relevant minor is a child who has not yet reached 18 and at least one parent has died
58
What is the income tax treatment for trustees with respect to life interest and IIP trusts?
Although the beneficiary entitled to the trust income is taxed on that income as it arises, the trustees are liable for basic rate tax on any income they actually receive (paid on behalf of the beneficiary)  Savings income is taxed at 20% without the personal savings allowance  Dividend income is taxed at 7.5% without the use of the dividend allowance  Any other income received is taxed at 20%
59
Trust expenses for an IIP trust have the effect of reducing the income paid to beneficiaries. Expenses are set against income in what order?
1. UK dividends 2. Foreign dividends 3. Savings income 4. Other income
60
What form must the trustees of an interest in possession trust complete which details the income and tax that has been deducted?
R185
61
What is the tax treatment for a beneficiary of a life interest or interest in possession trust?
Any income on the R185 form, must be added to their other income for the tax year If the beneficiary is a non-taxpayer, they can reclaim some or all of the tax that has been deducted If they are a basic rate taxpayer, they will have no further tax to pay If they are a higher or additional taxpayer, they will have to pay any additional tax due
62
What is the standard rate band for discretionary trusts and how does it work?
Trustees have a standard rate band of £1,000 The band is first applied to non-savings income, then savings income and finally dividend income Any income received within the standard rate band is liable to income tax at the basic rates (7.5%/20%), after this income is taxed at the highest rates (38.1%/45%) Trustees unable to use personal savings allowance and dividend allowance
63
What are the rules if a settlor receives a capital sum from a trust?
If a settlor receives a capital sum from the trust this is charged to income tax Income tax will be charged at a maximum level of the undistributed income If the capital sum received is more than the level of undistributed income, then the balance can be carried forward for up to 10 years to match against future undistributed income
64
What are the four classes of NICs and who pays them?
Class 1 – payable by employees and their employers (percentage rates) Class 2 – paid by the self-employed at a flat rate of £3.05 Class 3 – voluntary contributions paid at a flat rate of £15.30 Class 4 – paid by the self-employed as a percentage of their profits
65
The entitlement to which state benefits depends on NICs?
State pension New style Jobseeker’s Allowance Bereavement payments Contribution based Employment and Support Allowance Maternity allowance
66
What do employees pay NICs on?
They can be calculated on: regular wages, bonuses, overtime, holiday pay, incentive payments, maternity/ paternity pay, adoption pay, sick pay, lump sums for joining/leaving employment, payments to meet personal debts and payments in
67
Are contributions made to an occupational pension scheme liable to NICs?
Any contributions made into an occupational pension scheme are free of NICs as they are not classed as earnings
68
Between what ages do employees and employers pay NICs?
Employees pay NICs between the age of 16 and State pension age (66) Employers still pay secondary class 1 NICs beyond the employees State Pension age
69
What are the three thresholds that determine an employee’s NIC liability?
Lower Earnings Level (LEL) - £120/week, £520/month, £6,240/year Primary Threshold Contribution (PCT) - £184/week, £797/month, £9,568/year Upper Earnings Limit (UEL) - £967/week, £4,189/month, £50,270/year
70
When do employees start to pay Class 1 NICs and what are the rates?
Employees don’t pay NICs until their weekly or monthly income is above the PCT Once PCT is exceeded employees NIC is payable at the main rate of 12% Once UEL is exceeded employees NIC is payable at the additional rate of 2%
71
What are the NIC rules for employees under the age of 21 and apprentices?
For employees under the age of 21, employers pay 0% on NICs on earnings up to the Upper Secondary Threshold (UST) (£50,270) The same rule applies for apprentices aged under 25 on earnings up to the Apprentice Upper Secondary Threshold (AUST) (£50,270)
72
An employee does not start paying Class 1 NICs until they reach the PCT, what are they entitled to if they earn between the LEL and PCT?
If employees earn between the LEL and the PCT they don’t pay NI but get a credit for the State Pension
73
When do employers have to start paying NICs?
Employers have nothing to pay up to the Secondary Contribution Threshold, and 13.8% on anything above this with no upper limit
74
What is the employment allowance for businesses?
Businesses can deduct £4,000 from their total NIC liability if their NIC liability in the previous tax year was less than £100,000
75
What are Class 1A contributions and who pays them?
These are paid by employers in relation to most benefits in kind (fringe benefits) e.g., company car There is a single rate of 13.8%
76
How are NICs collected?
Collected through PAYE with income tax
77
When are Class 1A contributions due?
Due on 22nd July of the end of the tax year in which they relate (19th July if not electronic) If this date falls on the weekend, payment must be made the previous working day unless it’s made through ‘faster payments’
78
What are the NIC rules for UK individuals working in an EEA state?
UK individuals working in an EEA state or Norway, they can get a certificate from HMRC to pay UK contributions for up to 2 years (3 if Norway)
79
How are NI liabilities calculated for company directors?
They may pay themselves irregular amounts at irregular intervals as opposed to a regular monthly pattern So their total earnings within a tax year are used when calculating NICs Income taken as dividends, rather than salary is not subject to NICs
80
Name 5 special categories of employment where workers will be treated as employees (they might not be for income tax purposes)?
Domestic workers and office cleaners Agency workers Lecturers and instructors Ministers of religion Workers in the film and television industry Labour-only subcontractors
81
What is the NIC situation for oil rig workers, aircrew and mariners?
Their employment may not be within UK territory and therefore not liable to Class 1 NICs. As a result, they may lose entitlement to State benefits
82
Under what circumstances can an individual who has not been paying NICs be credited as if they had been making minimum contributions?
Where the individual has been in full-time training During periods of unemployment and sickness During periods of entitlement to statutory maternity/paternity pay Where income is below PCT but above LEL
83
When do self-employed people start paying Class 2 NICs?
Class 2 is a flat rate of £3.05 a week that is payable once their profits are over the Small Profits Threshold of £6,568
84
How are Class 2 NICs collected?
Although it shows as a weekly payment of £3.05, the National Insurance Contribution Office (NICO) will collect these by direct debit at regular intervals throughout the tax year, they are collected 4 months in arrears
85
When do self-employed individuals have to pay Class 4 NICs and what is the rate?
They have to pay Class 4 NICs when profit exceeds £9,569 The rate is 9% until profits reach £50,270 when the additional rat of 2% becomes chargeable This is paid direct to HMRC via self-assessment
86
What is the special rate of Class 2 NICs for share fisherman?
If a fisherman is self-employed and shares the profits of a fishing boat registered in GB, they are liable to Class 2 and 4 NICs, even they work outside of the UK A special rate of £3.70 per week applies for Class 2 NICs
87
What are the NICs rules for sub-postmasters?
Class 1 NICs are deducted from their salary, however this is not always taxed under PAYE Liable to class 2 and 4 NICs from trading profits from the shop Salary from the Post Office is not included in the small profits threshold for class 2’s or when assessing profits for class 4 The liability may be limited due to the annual maximum
88
When is an individual liable to pay CGT?
It is a tax on the gain arising from the disposal of certain assets The starting point for calculating the gain is the disposal proceeds less the acquisition costs
89
What are the disposal rules for assets transferred between spouses and civil partners?
Disposals between spouses and civil partners are not chargeable gains When the receiving spouse disposes of the transferred asset, they will be liable to pay CGT The first spouses acquisition cost will be used to calculate the gain
90
When a disposal is not on a fully commercial basis, what is the disposal consideration deemed to be?
The market value of the asset
91
‘Disposals not at arm’s length’ can occur in what two circumstances?
Occurs when disposals are made between individuals with a close connection (family) or when market value of the asset can be used instead of the sale price for disposals between unconnected parties (between friends)
92
What is deferred consideration and what is the difference between fixed and variable?
Consideration is deferred if it is not paid at time of sale If the amount is fixed it is called ascertainable deferred consideration If the amount is variable it is called unascertainable deferred consideration Any ascertainable deferred consideration must be included in the disposal proceeds
93
Not every gain is chargeable under CGT, what are the exemptions?
Annual exempt amount Chattels and wasting assets Principal Private Residence (PPR) Life insurance policies in the hands of the original owner ISAs Gilts and corporate bonds
94
What is the current annual exempt amount and at what point is it deducted from the chargeable gain?
All individuals are entitled to £12,300 exempt amount for 2021/22. It is deducted from chargeable gains after deducting losses and all reliefs The exempt amount cannot be carried forward
95
In what circumstances are periods of absence ignored?
Last 9 months of ownership Up to a year between buying the property and living in the property Periods totalling 3 years, if the periods were preceded and followed by residence and no other residence was exempt Periods totalling 4 years, where the owner was employed elsewhere in the UK, if the periods were preceded and followed by residence and no other residence was exempt Periods of living in job related accommodation
96
If a property was purchased prior to 1st April 1982, what is the rule regarding acquisition cost?
The period prior to April 1st 1982 is ignored, so if a property was purchased before then, the acquisition price is the value on this date and the period of ownership starts from then
97
What are the letting exemption rules that apply to the gains for a property?
There is a letting exemption where part of the property is let as residential accommodation and the other part is occupied by the owner The gain on the let part of property is exempt up to the lesser of £40,000 and the exemption on the part occupied by the owner
98
What is the six-step process to calculate CGT?
1 – determine the disposal proceeds 2 – deduct the acquisition cost 3 – deduct costs of arranging the purchase and sale and any enhancement costs 4 – offset allowable losses allocated against gains taxable at the highest rate 5 – deduct the annual exempt amount in a way that minimises the tax due 6 – calculate tax at the appropriate rate
99
If a loss and a gain are made in the same tax year, how is this treated for CGT purposes?
The rule is that the total loss must be deducted against any gain made in the same tax year before you apply the annual exempt amount Only if the gains in the tax year are insufficient to absorb the loss, can the excess loss be carried forward and set against gains in future years
100
What rate is given for business asset disposal relief and how long must assets have been held for to qualify?
For gains made on or after 11th March 2020, the relief covers the first £1,000,000 of qualifying gains within an individual's lifetime The gains are taxed at 10%, regardless of the individuals tax status Anything above the £1,000,000, normal CGT rules apply Assets must have been owned for two years before the
101
What is investor’s relief?
This extends business asset disposal relief to external investors in unlisted trading companies This gives a separate £10,000,000 lifetime limit Qualifying investments within the limit are charged at 10%, regardless of the individual’s tax band
102
What is holdover relief?
This can be claimed against gains on disposal of particular assets by way of a gift (mainly those that are chargeable to IHT or trading assets) If holdover relief is claimed, no CGT is payable at the time of the gift The donee is deemed to have acquired the assets at the donor’s base cost, rather than the value at the time of the gift
103
What is the definition of a trading asset?
Holdover relief is available on gifts of trading assets. A trading asset is:  An asset used in the trade of the donor or their personal company  Can include shares and securities of trading companies, provided they are not quoted on a recognised stock exchange and the donor holds at least 5% of the total
104
What is business asset rollover relief?
When an asset is sold CGT becomes payable even if all the proceeds are reinvested. Rollover relief allows a business to sell assets and reinvest them into trade or business assets and defer the CGT liability until the new assets are sold
105
What is incorporation relief?
If a self-employed person incorporates the business and receives shares, technically this is a disposal. Claiming incorporation relief defers CGT until the new company is sold
106
How does reinvestment relief work for EIS and SEIS shares?
For EIS shares, the gain on the original disposal is deferred until disposal of EIS shares For SEIS reinvested gains are not deferred. Instead, 50% of reinvested capital gains are exempt and the other 50% of reinvested gains are chargeable to CGT. Relief is restricted to a limit of £100,00 of gains reinvested in each tax year
107
How are disposals of shares identified with acquisitions?
1. Acquisitions on the same day (the same day rule) 2. Acquisitions within the following 30 days (the bed and breakfast rules) 3. Acquisitions of all other shares on an average cost basis
108
What is meant by the term ‘bed and breakfasting’?
It is a method of realising a gain or loss on an investment without changing the size of the investment. It involves selling shares or units one day and buying them back the next
109
How is a bonus issue of shares treated in terms of CGT?
A Bonus (or scrip) issue are distributions of free shares among existing shareholders The new shares are treated as being acquired on the same date as the original holding There are no extra acquisition costs
110
How is a capital gain calculated in a discretionary trust?
A capital gain is calculated in the same way for a trust as it would be for an individual The CGT rate for these trusts is 20%, unless it is residential property which is 28% Transfer of assets to a beneficiary is treated as a disposal, whereby the market value is used to calculate the gain
111
How much is the CGT annual exempt amount for trusts?
The trusts have an annual exemption, usually half of the individual exemption (£6,150) If the settlor has created a trust for a disabled person, regardless of how many trusts the settlor has created, they will have access to the full individual exemption (£12,300)
112
What is the IHT rate on transfers on or within seven years of death?
£0 to £325,000 – 0% Over £325,000 – 40%
113
When does the reduced rate of 36% apply?
Where at least 10% of the net estate is left to charity
114
What is the IHT rate on other chargeable transfers, e.g., payments into discretionary trusts?
£0 to £325,000 – 0% Over £325,000 – 20%
115
How much is the residence nil rate band and what is its purpose?
In addition to the normal £325,000 NRB, £175,000 is available when a family home is inherited by a direct descendent Protects the home (partially or fully) from IHT
116
What are the rules regarding the transfer of any unused NRB and RNRB to a surviving spouse/civil partner?
Any unused NRB and RNRB can be transferred to surviving spouse/ civil partner It is the proportion of the unused band from the first death that is transferred to the survivor
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Is the RNRB available when property is left to a trust?
The RNRB is not available when property is left to a discretionary trust, as the trustees will be the legal owners rather than a direct descendent The RNRB will be available if a property passes to a trust with an immediate post death interest (IPDI) if direct descendants are beneficiaries
118
What can lifetime transfers be classed as?
Exempt transfers: no tax is ever payable Potentially exempt transfers (PET): no tax is payable when gift is made. They become exempt if the donor survives seven years Chargeable lifetime transfers (CLT): tax may be payable when the gift is made. They will become exempt if the donor survives seven years
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When are transfers deemed to be PETs or CLTs? I.e. who are the transfers made to?
Transfers are deemed to be PETs if made to an individual or a specified trust (bare trust) Transfers are deemed to be CLTs if made to an interest in possession or discretionary trust or the donor retains interest
120
What is the liability to IHT for those domiciled in the UK and those domiciled outside the UK?
Individuals domiciled in the UK are liable to pay IHT on their worldwide property For those domiciled outside the UK, they are only liable to IHT on UK property
121
Are government securities e.g. gilts liable to IHT?
Government securities are not liable to IHT if the owner is not a UK resident, regardless of domiciled status
122
Name 5 transfers that are exempt from IHT
Transfers between spouses and civil partners Gifts to charities Gifts to qualifying political parties Gifts for national purposes Gifts of land to housing associations
123
What does IHT seek to tax?
IHT will always seek to tax the reduction in the donor’s wealth (the loss to the donor’s estate of making a transfer) rather than the increase in the wealth of the recipient
124
What is meant by gratuitous intent?
IHT is only charged on dispositions that are gifts (or part gifts) There can be no IHT on commercial transactions if full consideration is received, as there would be no loss to the estate
125
How much is the annual exemption, and can it be carried forward?
£3,000 If the whole or part of the annual exemption has not been used in the previous tax year it can be carried forward Only applies to lifetime gifts Normally deducted from a PET or CLT
126
How much is the small gifts exemption and how does it apply?
An individual can make unlimited outright lifetime gifts to any person up to £250 without giving rise to IHT liability It cannot be combined with the annual exemption It is not applicable for gifts into trusts or as part of a larger gift
127
What is the rule on lifetime transfers if they are made out of normal expenditure?
If a lifetime transfer is made out of normal expenditure, from an individual’s income, and does not affect their ability to maintain their usual standard of living, then these transfers are exempt from IHT
128
What are the rules for wedding gifts?
Lifetime gifts for marriages/civil partnerships are exempt if they are within:  £5,000 for a parent  £2,500 for a remote ancestor e.g., grandparent  £1,000 for anyone else
129
What are the rules on making gifts for education and maintenance purposes?
Payments for a child’s maintenance, education or training are exempt, until the later of the child turning 18 or the child leaving full-time education
130
Does an individual who dies during active service or responding to an emergency call-out have an IHT liability?
Estates are tax free for those who die as a result of wounds or diseases contracted on active service or whilst on duty
131
What is the IHT treatment if the donor of a PET dies within seven years of making the gift?
The gift becomes chargeable The donee is liable to pay any tax Tax is chargeable on value of PET at the date it was made Calculation takes into account 7-year cumulation at date of gift with taper relief
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What are the taper relief rates?
If the donor has survived for at least 3 years after the PET was made a reduced parentage is used:  3-4 years 20% reduction  4-5 years 40% reduction  5-6 years 60% reduction  6-7 years 80% reduction
133
What trusts that receive gifts are classed as PETs?
A gift into a bare trust is a PET as the beneficiary is absolutely entitled to the assets, therefore in effect is a gift to the individual Gifts to a disabled trust are also PETs, even though a disabled trust is broadly a discretionary trust
134
When does a CLT result in a tax charge?
If it takes the donor’s seven-year cumulation is over the NRB Tax is payable at 20% on the excess over the NRB and there will be no further IHT to pay if the donor survives the next seven years
135
Is the IHT paid at the time of a CLT allowed as credit against the tax payable at the death rates?
Yes, any tax that was paid at the time of the CLT can be deducted from the IHT liability on death
136
When is IHT chargeable on death?
IHT is chargeable, if the value of the estate on death, plus any CLTs or PETs, in the last 7-years exceeds the NRB/RNRB
137
What is classed as excluded property when valuing a person’s estate at death?
Pension funds Property outside the UK Holdings in authorised unit trusts and shares in OEICs where the beneficial owner is not domiciled in the UK
138
What is quick succession relief and what are the rates?
If the deceased received a chargeable transfer, in the 5 years before death, the tax charged on death is reduced Less than 1 year:100% 1 to 2 years: 80% 2 to 3 years: 60% 3 to 4 years: 40% 4 to 5 years: 20%
139
What is the IHT situation for individuals that die simultaneously?
When impossible to say who died first, general law presumes the eldest was the first person to die If elder person left property to the younger one, there is potentially two successive tax charges For IHT purposes, it is presumed they died at the same time, avoiding the double charge
140
What are the three main IHT reliefs that reduce the value of a transfer?
Business relief Agricultural relief Relief for woodlands
141
What types of businesses do not qualify for business relief?
It is not available for businesses that mainly deal with investments, including land and property investments Any business property that is subject to a binding contract of sale at the time of transfer, is not eligible for relief
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What property is subject to 100% business relief?
Must be owned for 2 years to qualify Available on lifetime transfers and death 100% relief for unincorporated businesses (sole trader and partnerships) and shareholdings in unquoted and AIM companies
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What property is subject to 50% business relief?
Must be owned for 2 years to qualify Available on lifetime transfers and death 50% relief for controlling shareholdings in fully listed companies and for land, buildings, plant and machinery used in connection with a company controlled by the transferor or they were in connection with a partnership
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What is agricultural relief?
Relief for agricultural property in the UK, Channel Islands, Isle of Man or EEA Available on lifetime transfers and death Agricultural property includes land, growing crops and farm buildings but not animals or equipment
145
What is woodlands relief?
Relief for growing timber in UK or EEA Only available on death and defers the tax until the timber is disposed of The relief does not apply to the land, just the timber itself
146
What is a gift with reservation?
A gift where the donor retains a beneficial interest Most common example is gifting a house but continuing to live in it without paying full market rent
147
How are gifts with reservation treated for IHT purposes?
If the donor still retains a benefit, its value is treated as remaining in the donor’s estate and is taxed accordingly
148
What is pre-owned assets tax (POAT)?
Income tax is charged on the benefit people get by having free or low-cost enjoyment or use of certain assets that they used to own It is treated as an addition to their taxable income in the year in which they enjoy the benefit No tax if benefit is less than £5,000 per year
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How can a person avoid POAT?
The charge can be avoided if the donor elects for the asset to be included in their estate on death This is done by completing the IHT500 form Election deadline is 31st January following end of first tax year in which income arises If the form is completed, the gift is subject to the gifts with reservation rules
150
Do expenses incurred during an asset transfer e.g., legal costs reduce the value of the transfer?
Any expenses of the transfer are disregarded if they are paid by the transferor, but they reduce the value of the transfer if they are paid by the transferee
151
How is a transfer of value to a bare trust treated for IHT purposes?
These are subject to the same rules as all other PETs Any IHT due is paid by the beneficiary
152
How is a transfer of value to a trust for vulnerable beneficiaries treated?
Although these are discretionary trusts, they are treated as PETs and are subject to the same rules as all other PETs The IHT due is paid by the trustees There are no periodic or exit charges that would normally apply to discretionary trusts
153
From March 2006 onwards, what changed with regard to IHT and the creation of interest in possession (IIP) trusts?
If an IIP trust is created when the settlor is alive, it is now called a relevant property trust They are now subject to the same treatment as discretionary trusts An IIP trust created on the death of a settlor is called an Immediate Post Death Interest Trust (IPDI)
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When thinking about relevant property trusts, how is the transfer of value treated if the settlor was alive as opposed to dead?
If it was created when the settlor was alive, that is a CLT as normal If it is created on the death of the settlor, then the assets are part of the death estate
155
What happens every 10 years in a relevant property trust?
Every 10 years the trustees have to pay a periodic charge The assets are revalued every 10 years and there is normally a 6% charge of the market value of the assets for everything over the NRB
156
When is there an exit charge payable for relevant property trusts?
When a capital distribution is made
157
How are trusts for bereaved minors treated for IHT purposes?
The minor must have an absolute interest to the income and capital at the age of 18 Once they reach 18, the property is treated as their own for IHT purposes No periodic and exit charges apply to income that accumulated or any capital distributions made at the age of 18
158
How are trusts for 18-25-year olds treated for IHT purposes?
The minor must have an absolute interest to the income and capital no later than the age of 25 Once they reach 18, the property is treated as their own for IHT purposes Exit charges apply when the beneficiary becomes absolutely entitled to the trust property, based on the period since their 18th birthday
159
Who is required to complete a self-assessment tax return?
Mainly self-employed people, most company directors and people who are liable to tax on property or investment income Those who need to declare a high-income child benefit tax charge
160
What are the taxes and NICs that a person has to pay under self-assessment?
Income tax on all types of income Class 2 and Class 4 NICs Capital gains tax High-income child benefit charge and collection of student loan repayments for the self employed
161
What happens if an individual does not submit their tax return?
Taxpayers can choose whether to calculate the tax themselves or leave it to HMRC If no tax return is filed, HMRC will make a judgement on the tax due
162
What are the different deadlines for tax returns filed on paper and online?
Online tax returns 31st January following end of tax year in which it relates Paper tax returns 31st October following end of tax year to which it relates
163
Can taxpayers, subject to PAYE, have a balancing payment for any liability collected through their PAYE?
If a taxpayer is usually taxed under PAYE, they can have a balancing payment of less than £3,000 collected via their PAYE for a later year if they file the return by 30th December
164
How many instalments is income tax and Class 4 NICs paid in?
Usually in three instalments Two payments on account and one balancing payment
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What are the due dates for the first and second payment on account?
The first payment on account is due on 31st January in the tax year concerned The second payment on account is due on 31st July after the end of the tax year concerned
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What is each payment on account usually based on?
Each payment on account is based on half of the previous year’s liability
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What are the payments on account calculated to include?
Income tax Class 4 NICs Child benefit income tax charge They DO NOT include Class 2 NICs, CGT and student loan repayments
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What is the balancing payment and when is it due?
Due on the 31st January after the end of tax year It is an adjustment to reflect actual liability due compared with amount paid on account The balancing payment also includes Class 2 NICs, CGT and student loan repayments
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How is it possible for a soletrader to reduce payments on account?
If they believe it would result in an overpayment of tax This could be because of:  Lower income  Higher deductions  A higher proportion of tax deducted at source or under PAYE
170
Do carried back tax reliefs e.g., gift donations reduce payment on accounts?
Payments carried back do not change the previous year’s assessment and therefore do not reduce the payment on account
171
Are taxpayers charged interest on late payments and underpayments of tax through self-assessment?
Automatically charged on late and underpayments Currently, the interest rate charged on late income tax payments is 2.6% and for repayments, the rate is 0.5% 5% penalty for unpaid tax more than 30 days after balancing payment due
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What is the fixed penalty amount for not submitting a tax return by 31st January?
A fixed £100 is due for any returns not submitted by 31st January If the return is more than 3 months late, a £10 daily penalty will be charged for a maximum of 90 days This is payable even if not tax is outstanding
173
Can amendments be made to a tax return once it is filed?
Taxpayers can amend their returns for 12 months after 31st January following the tax year Amendments may be necessary if the taxpayer made a mistake or if estimates were used on the return
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What are the rules on compliance checks for tax returns?
HMRC can carry out random or targeted compliance checks HMRC can start an enquiry within 12 months of receiving a tax return
175
What is included in PAYE and how does HMRC receive the tax due?
Employers deduct income tax and Class 1 NICs under PAYE from all payments made to employees and directors This is normally paid monthly to HMRC Employers are given a PAYE code for each of their employees
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What is the PAYE code designed to do?
Designed to deduct the correct amount of tax/avoid the need to complete a self-assessment
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Can employer’s payroll benefits in kind?
Employers can choose to put the taxable value of benefits in kind through their payroll They are then treated the same as cash earnings and do not need to be reported on a P11D form
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Are employers charged penalties for late submissions of PAYE?
Employer charged penalties on a monthly basis if their submissions are late There is no penalty for the first late submission during a tax year, following this a monthly late filing penalty of £100-£400
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What payments does the PAYE system cover?
Wages and salaries Fees Bonuses and commissions Holiday pay Pensions Payments under profit sharing schemes Most benefits and some expense allowances SSP, SMP, SPP, ShPP, SAP
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When is the date of payment under PAYE?
For employees, PAYE is operated employee is entitled to receive payment For directors, PAYE is generally operated on the earliest of:  Date payment is made  Date director becomes entitled to be paid  Date amount is credited in company’s books  Date remuneration is fixed or agreed
181
What is tax evasion?
Tax evasion involves falling to provide full and accurate information to the relevant taxing authorities It is illegal and wholly unacceptable
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What was the general rule about the legality of tax mitigation and what did the case of MacNiven v. Westmoreland Investments Ltd (2001) change?
The general rule was that tax mitigation is acceptable, but tax avoidance (even if legal) was not The rule was overturned after this case, they deemed it irrelevant as to whether the purpose of a series of transactions or any scheme aimed at saving tax was to mitigate tax or to avoid tax
183
How long does HMRC have to investigate offshore noncompliance?
12 years
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What type of people does the Affluent Compliance Team target?
Habitual users of avoidance schemes Those with a low effective rate across total income Those who have bank accounts in Switzerland Those that appear to be understanding their tax liability Those who fail to submit their self-assessment on time
185
What did the Criminal Finance Act 2007 bring about?
It made it a criminal offence for firms to fail to prevent tax evasion Particularly relevant for businesses that advise or asset clients who evade tax as a result of that advice/assistance A business can face unlimited financial penalties
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What does GAAR stand for and who does it apply to?
General Anti-Abuse Rules Applies to abusive tax arrangements entered into on or after 17th July 2013 It acts as a deterrent and to counteract tax advantages
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What does DOTAS stand for and where must those who use registered schemes declare this?
Disclosure of Tax Avoidance schemes Firms in the UK that market tax avoidance schemes must register with HMRC, who will give each scheme a number Those using a scheme must include the scheme number on their tax returns
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What is an APN?
Accelerated Payment Notices If the courts have found a tax arrangement that fails, HMRC can now requires users of the scheme to make upfront payments of disputed tax
189
What are disguised remuneration schemes?
These schemes avoided income tax and NICs by paying the users income as loans with no intention of repayment A loan charge applies to outstanding balances of disguised remuneration loans made from 9th December 2010 to 5th April 2019
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What is the difference between residence and domicile?
Residence- the status of an individual in anyone one tax year and is primarily based on the time someone spends in the UK each tax ear Domicile – the country that an individual regards as their permanent home and tends to be quite hard to change
191
What are the three statutory residence tests used to determine residency status? Applied in the correct order
Automatically not resident in the UK Automatically resident in the UK Sufficient UK ties test
192
An individual will be automatically non-resident if they meet any of which three criteria?
Spent less than 16 days in the UK during the tax year Those that were not a UK resident for the 3 previous tax years and have spent less than 46 days in the UK in the current tax year Those who work fulltime outside the UK with no significant breaks
193
An individual will be automatically resident if they meet any of which three criteria?
Spent 183 days or more in the UK Those who have a home in the UK for 91 consecutive days and have been present in that home for a minimum of 30 days in the tax year Those who work fulltime in the UK with no significant breaks
194
What is counted as a day of presence in the UK?
When a person is present in the UK at midnight, this is counted as a day of presence This does not apply for people in transit between two places outside the UK (connecting flights)
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Under what circumstances might an individual be subject to split year residency?
When a person leaves the UK to work fulltime overseas When a person comes to the UK to work fulltime When a person leaves the UK to live overseas and ceases to have a UK home
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When is the sufficient UK ties test used?
If an individual does not meet any of the automatic tests, then their residence status is determined by the sufficient UK ties test
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What are the five potential UK ties?
1. Family tie 2. Accommodation tie 3. Work tie 4. Spending more than 90 days in the UK during either of the two previous years 5. Country tie
198
How is the sufficient UK ties test applied differently to those who have been resident in the UK for any of the three previous tax years and those who have not?
For a person who has been resident in any of the three previous tax years (normally someone leaving the UK), all five UK ties are relevant For a person who has not been resident (normally someone arriving in the UK), the first 4 UK ties are relevant
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What types of domicile are there?
Domicile of origin Domicile of choice Deemed domicile
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What are the domicile of origin rules?
Determined by the country of birth of the father Illegitimate children or those born after the death of their father take their mother’s domicile The domicile follows that of the parent until they reach the age of 16
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What are some of the actions that would be considered if someone is seeking a new domicile of choice?
Physically residing there An expressed intention to stay there Buying a house there Establishing a business or getting a job Acquiring citizenship or nationality there Making a local will Having family, friends or business interests there
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When can a domicile of choice be abandoned?
If the individual no longer lives in the ‘new’ country Intends to live elsewhere permanently If a domicile of choice is abandoned, the individual’s domicile will revert to the domicile of origin
203
When does a non-domicile living in the UK become ‘deemed domicile’?
They are resident in the UK for at least 15 out of the previous 20 tax years (deemed domicile will apply from the 16th year)
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For individuals who have become ‘deemed domiciled’, how long would they remain deemed domicile for income tax and CGT purposes?
6 years
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What is the liability to income tax, CGT and IHT of a UK domiciled individual residing in the UK?
Income tax is charged on worldwide earned income and investment income CGT is charged on worldwide chargeable gains
206
If an individual is UK domiciled but not resident in the UK, what is the income tax treatment?
No UK income tax for any employment income or profits made outside the UK Employment income or profits made within the UK is still subject to UK income tax There is no liability on overseas investment income or income from British Government securities
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What is the CGT liability for a UK domiciled person who is not resident in the UK?
Non-residents are not usually liable to CGT unless they are only temporary non-residents Any individual who leaves the UK must be a non-resident for more than 5 years for disposal of assets acquired before leaving the UK to be CGT free
208
What does it mean to be taxed on a remittance basis?
Individuals domiciled outside the UK but are a UK resident can elect to be taxed on a remittance basis There is remittance if you have foreign income or proceeds from foreign gains and bring them directly or indirectly to the UK so you or a relevant person can enjoy the benefits in the UK
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Who would be classed as a ‘relevant person’ when thinking about foreign money entering the UK?
Non-residents are not usually liable to CGT unless they are only temporary non-residents Any individual who leaves the UK must be a non- resident for more than 5 years for disposal of assets acquired before leaving the UK to be CGT free
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How much is the annual Remittance Basis Charge and when is it applied?
Once a non-domicile becomes resident, they can elect to pay tax on the remittance basis without paying any charge Once resident for 7 out of the previous 9 years, they will be taxed on the arising basis unless they pay an annual charge of £30,000 This becomes £60,000 for individuals who have been resident in the UK for at least 12 out of the previous 14
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When does the remittance tax charge not apply?
If the individual is under 18 Where unremitted foreign income and gains are less than £2,000 for the tax year The charge can be avoided by not claiming the remittance basis for any particular year
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For non-domiciles living in the UK what is the CGT treatment?
Gains on UK assets are automatically subject to CGT Gains that arise outside the UK are taxed on the remittance basis, where the claim is made
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What taxes are individuals who are neither resident in the UK nor domiciled in the UK subject to?
Individuals neither domiciled or resident in the UK are only subject to:  Income tax from any UK investment or employment income  IHT on gifts of assets situated in the UK  No CGT to pay unless in relation to property
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What is double taxation relief?
If an individual has income and gains from a source in one country and are resident in another, they may be liable for tax in both countries A double taxation treaty is designed to reduce the total tax payable where one transaction would produce a tax liability in two different countries
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When can an overseas trust be subject to UK income tax?
If there is one UK resident trustee
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Who pays Stamp Duty Land Tax (SDLT) and when must it be paid?
It is a tax on land transactions Paid by the purchaser within 14 days of the ‘effective date’ of the transaction, normally the completion date Solicitors normally complete the forms
217
How much has the nil rate band for SDLT increased by, as a result of the temporary COVID-19 measures?
For residential land and property, the 0% band now stops at £500,000 until 1st July 2021 and up to £250,000 till 30th September 2021
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What is the SDLT relief for first time buyers?
First-time buyers do not pay SDLT on purchases of residential property costing under £300,000 Purchases between £300,000 and £500,000 SDLT at a rate of 5% is paid on excess over £300,000 No relief if property’s purchase price exceeds £500,000
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For residential leasehold property, how is SDLT charged?
SDLT is charged for residential leasehold property at 1% of the present value of the lease, if it exceeds £125,000
220
For non-residential leasehold property, how is SDLT charged?
SDLT is charged for non-residential leasehold property at 1% for leases between £150,001 and £5m, then 2% on anything above this
221
Is SDLT payable on part of the purchase price that is attributable to appliances?
No, SDLT is not payable on any of the purchase price attributable to interiors left by the seller
222
How much is the surcharge for additional residential properties in excess of £40,000?
If the property is a second home or purchased with the intention of letting it out, then there is 3% surcharge for each band
223
What rate of SDLT is payable when property is purchased by a company or collective investment scheme (antiavoidance rate)?
An SDLT rate of 15% is charged on the entire purchase price where companies and collective investment schemes buy residential property with a value over £500,000
224
What are the SDLT rates for non-residential property i.e., commercial property?
Up to £150,000 – 0% £150,000-£250,000 – 2% Anything over £250,000 – 5%
225
What is Stamp Duty payable on?
Stamp Duty is levied on the purchaser of shares, not on their sale Stamp Duty is payable on documents (such as stock transfer forms) that transfer ownership of shares, stocks and unit trusts
226
When is Stamp Duty Reserve Tax (SDRT) payable and what is the rate?
Charged on all electronic transactions at 0.5% and rounded to the nearest penny
227
When is Stamp Duty payable and what is the rate?
Charged on paper transactions at a rate of 0.5% and rounded to the nearest £5 Stamp duty is only charged on transactions in excess of £1,000
228
What transactions are exempt from SD and SDRT?
Share transactions for companies listed on growth markets (AIM and NEX Exchange) and UK domiciled Exchange Traded Funds (ETFs)
229
Can SD and SDRT be deducted for CGT purposes?
Yes, it’s the acquisition cost and therefore can be deducted on calculating chargeable gain on any subsequent disposal
230
If two people exchange houses without a cash payment how is SDLT calculated?
Each pays SDLT on the market value of the property acquired
231
Who administers VAT?
HMRC
232
What are the 4 rates of VAT?
Exempt, 0%, 5% and 20%
233
What is the difference between input and output VAT?
Input VAT – VAT payable on goods and services purchased Output VAT – VAT payable on goods and services sold Businesses can offset input VAT against output VAT and pay excess to HMRC and reclaim any excess VAT paid
234
How often are VAT returns usually completed?
Usually quarterly
235
When must businesses register for VAT?
Businesses must register for VAT if the value of taxable supplies in the previous twelve months is more than £85,000 The trader has 30 days to notify HMRC
236
Input VAT cannot be reclaimed on what purchases and expenses?
Purchases of motor cars, unless wholly used for business purposes and business entertainment expenses
237
When does a business officially become registered for VAT after notifying HMRC?
Businesses will become registered from the first day of the second month after exceeding the limit
238
What are zero-rated supplies, and can you name 5 examples?
If a business makes zero-rated supplies, they do not charge VAT on supplies, but can still reclaim input VAT Most food and drinks (not catering), domestic supplies of water and sewage, books and most other publications (hardcopy and electronic), sales of new residential buildings, public transport, drugs and medicines for the disabled, clothing and footwear for children, women’s sanitary products
239
What is the difference between zero-rated and exempt items?
Exempt items do not come into any VAT computation and will not be included in the input or output amounts Zero-rated items will be included in both input and output amounts
240
What is a partially exempt business?
Where a business makes exempt and taxable supplies
241
What is the VAT Flat Rate Scheme?
Allows small businesses to account for VAT as a percentage of their taxable turnover Flat rate percentage used varies according to the main trade sector in which the business works Only for businesses with a maximum taxable turnover of £150,000
242
What are the possible advantages of using a VAT Flat Rate Scheme?
Simplified administration and possible reduction in VAT payable
243
What are margin schemes?
Margin schemes are used by dealers in second-hand goods Second-hand dealers only account for VAT on the difference between the price paid for an item and the price at which it is sold, rather than the full selling price
244
What is the cash accounting scheme and what are the relevant rules?
If taxable supplies are less than £1.35m a year – can join cash accounting scheme Output VAT is only due to HMRC when the customer has paid for the goods or services rather than when they are invoiced This helps with cashflow for small businesses and if the customer defaults on the debt
245
What is bad debt relief?
Traders can usually claim a VAT refund if debt owed by customer is at least 6 months overdue and it has been written off in business accounts
246
How often do registered traders have to submit VAT returns?
Normally VAT returns submitted, and VAT paid every 3 months i.e., quarterly If a business regularly reclaims VAT from HMRC they can submit and pay quarterly
247
What is the name given to the software through which companies keep their accounting records for VAT purposes?
Making Tax Digital (MTD) Unless annual accounting is used, returns to be submitted under MTD by 7th day of the month after the month following VAT period
248
When is tax paid on imports from outside the UK?
At the time of importation
249
Who pays corporations tax?
Paid by companies on their trading profits, investment income and chargeable gains
250
When is corporation tax payable?
For most companies, corporation tax is due and payable 9 months and one day after the end of the accounting period
251
How can a company relieve trading losses?
Loss relief must be reclaimed within 2 years Trading losses can be offset against other income Excess losses can be carried back to profits of preceding 12 months Losses must be set against current accounting period before they can be carried back Any remaining losses are carried forward and relieved
252
How often must large companies make payments of their corporation tax liability and what is classed as a large company?
Quarterly A large company is one with profits over £1.5m
253
What is the definition of a close company?
One that is controlled by 5 or fewer shareholders Or by its shareholder- directors regardless of their number
254
Can close companies make loans to its participators?
Yes, but there is a tax charge Without a tax charge, participators could enjoy income from their close company without paying any income tax on it
255
When is a company that was incorporated overseas, treated as a UK resident for tax purposes?
If their central management and control is exercised in the UK
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What investments are held directly?
Cash deposits Gilts and other fixed-interest securities Individual properties Individual shares or equities
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What investments are held indirectly?
Individual savings accounts (ISAs) Collective investments Life assurance policies Pensions
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Which individuals benefit from the 0% starting rate band?
Up to £5,000 of savings income can be taxed at the starting rate of 0% Only applies if savings income falls within first £5,000 of taxable income after deducting reliefs and allowances
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What are the features of NS&I income bonds?
Pays interest monthly at a variable rate Interest is taxable No withdrawal notice necessary Available from 16 years old Minimum £500 and maximum £1m or £2m if joint
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What are the features of NS&I premium bonds?
Pays prizes rather than a fixed return Monthly prizes range from £25 to £1m and are tax free Prizes can either be paid or reinvested into premium bonds Minimum £25 and maximum £50,000
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What are the features of NS&I guaranteed income and growth bonds?
Fixed rate of interest either paid monthly (income) or reinvested (growth) Interest is taxable as savings income
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What are the features of an NS&I Direct ISA?
Variable interest is credited annually on 5th April and is tax free Minimum opening deposit £1
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What is the CGT position when an individual disposes of gilts and qualifying corporate bonds?
They are exempt from CGT Losses are not allowable Income taxable as savings income and therefore PSA can be used
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What are the features of gilts?
Effectively loans to the government Pays a fixed rate of interest twice yearly Interest is paid gross but is taxable (can elect to have 20% income tax deducted at source) Gilts can be held till maturity or sold for a on stock exchange
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What are the features of a corporate bond?
Effectively loans to companies Interest is paid gross but is taxable as savings income Bonds traded on the stock exchange If qualifying corporate bond, then free of CGT
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What return do shares offer an investor? And how can investors spread their exposure to shares?
As investments, shares offer income in the form of dividends, and capital growth if they are sold at a profit By investing in collectives (unit trusts, OEICs and investment trusts)
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What is the tax treatment of dividends?
Dividends paid gross Everyone has £500 dividend allowance After which:  Basic rate taxpayers – 8.75%  Higher rate taxpayers – 33.75%  Additional rater taxpayers – 39.35%
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What is a stock dividend?
Where a company offers shareholders the choice between receiving cash dividends or new shares Shareholder treated as having received income equal to the cash dividend (taxed in the same way)
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Outline investment trusts, and what is the tax treatment of interest distributions?
A limited company that invests its shareholders’ money in other shares Investment trust’s shares are listed on stock exchange and investor can sell at any time Taxation of income and gains is the same as for shares Interest distributions are treated as savings income
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What is the default basis of calculating property income?
Default basis is the cash basis – where the rental income does not exceed £150,000. The landlord can opt for accruals basis After this accruals basis used
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Does property income count as ‘relevant earnings’?
No, the income is classed as investment income and not earned income Therefore, it does not count as ‘relevant earnings’ for pension contributions (except for furnished holiday lets)
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How much is the annual property allowance?
£1,000 If property income is more than £1,000, then £1,000 can be claimed against income – instead of deducting actual expenses
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What is considered a deductible expense with regard to rental income?
Repairs and maintenance are allowed but alterations or improvements are not Interest payments on loans for the purpose of property letting. Tax relief for finance costs is restricted to a basic rate tax deduction, e.g., if finance costs were £1,000, the reduction in tax bill is £200 (£1,000 @20%). Restriction does not apply to furnished holiday lettings or nonresidential property
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What is the basis of assessment for income from let property?
Letting income is taxable in the year it arises Accounts must be prepared for the actual tax year, although HMRC usually accepts accounts to 31st March instead of 5th April Tax paid via self-assessment along with income from other sources
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How are premiums on short leases taxed?
If a lease is granted for less than 50 years, then part of the premium paid (an upfront amount) is treated as rent and must be included in the property income accounts
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What is a reverse premium?
A sum paid by landlords to induce potential tenant to take out lease The tenant is taxable on the premium
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When can property income be treated as trade income and what are the advantages of this?
When landlords provide substantial services in connection with the letting, then letting income can be taxed as trade income Advantages include:  More scope to set off losses  Counts as relevant earnings for pension contributions  CGT rollover and holdover relief
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Is a disposal of let property liable to CGT? And what reliefs, if any, are available?
Disposal of let property is liable to CGT Rollover relief, holdover relief and business asset disposal relief may be available where the letting amounts to trade
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How does letting relief work for CGT purposes for homeowners who let part of their only/main residence?
Any part of the home that is let is not covered by the exemption If letting relief available, the chargeable gain that would otherwise arise on the let part of property is reduced by lowest of:  £40,000  Amount of gain exempt because house is main residence  Gain attributed to the let part or period of letting
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How does ‘rent-a-room’ relief work?
Applies to people who let part of their only or main residence Up to £7,500 rental income tax free If income is over £7,500, landlords have 2 options:  Be taxed on the normal basis (income less expenses)  Be taxed on the amount that exceeds £7,500 with no deduction for expenses
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What conditions must be met for furnished holiday lettings to qualify for certain tax advantages?
Furnished and let on a commercial basis Available to public for at least 210 days in the year Should be let for at least 105 days Not let on a continuous basis of more than 155 days in any tax year
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What tax advantages are available to areas of woodland?
Profits generated are exempt from income tax IHT can be postponed until the trees are cut and timber sold, as long as owned for 5 years CGT exempt
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What are the tax advantages of investing in a registered pension scheme?
Tax relief on contributions Tax free growth and income within the fund Up to 25% of the fund tax free on retirement (remainder of the fund on retirement is subject to income tax but not NICs) Death benefits are tax free where the deceased member was aged under 75
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What are the rules on maximum pension contributions into registered pension schemes?
Employees and self-employed people under 75 receive tax relief on contributions up to 100% of their earnings Combined employer and employee contributions up to an annual allowance of £60,000 People with little or no earnings can contribute up to £3,600 a year and qualify for basic rate tax relief
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Can the annual pension allowance be carried forward?
Any unused part of annual allowance from previous 3 tax years can be carried forward and added to the annual allowance for the current tax year
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How much is the lifetime limit for an individual’s tax-exempt pension fund?
Lifetime limit of £1,073,100 25% of the pension fund The earliest age at which most people can start taking their retirement benefits is 55
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What are the main options for drawing an income at retirement?
Members of occupational defined benefit schemes usually receive a scheme pension paid by scheme itself Investors in defined contributions schemes (e.g., personal pensions) can either purchase an annuity or receive capped/flexi-access drawdown
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What are the basic investment rules applying to pension schemes?
Investments in residential property and tangible assets trigger a tax charge Borrowing to fund an investment cannot exceed 50% of the net value of the fund Pension funds are free of UK tax on investment income and chargeable gains
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What types of ISA can a 16- year-old and an 18-year-old invest in?
To invest in a stocks and shares ISA, an innovative finance ISA or a lifetime ISA, the investor must be 18 or over Individuals aged 16 and 17 can invest in a cash ISA (remember £100 rule)
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Who can contribute into a JISA and who is eligible to open a JISA?
Available to all children who did not get a CTF Parents, family and friends can contribute up to £9,000 for 2020/21, and for parents the £100 rule does not apply Money is locked away for the child, who can withdraw the proceeds when they reach 18
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What are the eligibility criteria to open an ISA?
Must be an individual who is:  Resident in the UK; or  A non-resident Crown employee working overseas or the spouse/ CP of such an employee
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What is the annual ISA limit for 2022/23?
Various types of ISA. Generally individual savers can invest in one of each type of ISA (cash ISA, stocks and shares ISA, innovative finance ISA) subject to overall limit of £20,000 Up to £4,000 of £20,000 limit can go into a lifetime ISA
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What are the rules surrounding ISA transfers?
It is possible to transfer assets between all types of ISA without losing tax-free status All providers must allow investors to transfer out, but they are not obliged to allow transfer in
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What happens when the owner of an ISA dies?
Executors can register it to be a continuing ISA, this means it maintains its tax-free status whilst in the estate until it is distributed to beneficiaries
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What can a surviving spouse claim where their partner has died with an ISA?
Additional Person Subscription (APS) ISA benefits can be passed to spouse/CP via an additional ISA allowance The surviving spouse/CP can invest as much as their spouse/CP used to have invested, plus their own annual allowance
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Who was eligible for a Child Trust Fund and how much was the initial voucher paid in by the government?
Children born between (31/08/02 – 01/01/11) Government used to provide an initial voucher of between £50 and £250. A further £9,000 a year can be added until the child’s 18th birthday Since been replaced by JISAs (CTF accounts can be transferred into a JISA)
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Name 3 examples of a collective investments
Investment trusts, unit trusts, OEICs and ETFs Can be bought and sold by individual investors or within other tax wrappers, including pensions and ISAs
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How are distributions from UK collectives taxed?
Funds investing in corporate bonds/gilts (interest distributions) will be classed as savings income and will qualify for PSA and 0% band Interest distributions are paid gross, after PSA, taxed at 20%, 40% and 45% Distributions from equity funds are classed as dividends. These are also paid gross and taxed in the same as holding shares directly
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Where are offshore collective funds usually set up?
Generally set up in countries where there is little or no taxation, e.g., Channel Islands and Isle of Man
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Outline the tax treatment of an offshore reporting fund?
Reporting status is granted if fund reports full details of income to HMRC UK investors are told of their share of fund’s income, so they can include it on self-assessment No requirement for fund to distribute income UK investors subject to income tax on their share of fund’s income (whether it is distributed or not)
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Outline the tax treatment of an offshore non-reporting fund?
Income accumulates normally within the fund Income is not taxed as it arises, only on disposal of units/shares Gain on disposal (including death) is calculated on CGT principles without CGT allowance, but it is subject to income tax on the year of encashment Therefore, gain is liable to be taxed at 20%, 40% or 45%. The PSA, dividend allowance and the starting rate can be used
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What are the possible advantages of investing in nonreporting funds?
Income is accumulated in a low tax environment so can grow faster Investor can roll up income and take profits when they are a lower rate taxpayer/non-taxpayer If non-UK resident income and gains are tax free For UK residents who are not UK domiciled, income and gains not remitted to UK escapes UK tax liability
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Offshore funds are not always completely free of tax, what tax could they be liable to?
Offshore funds investing in equities will be subject to non-reclaimable withholding tax on dividends Fixed-interest funds are usually the most tax efficient, as they choose investments such as Eurobonds and exempt gilts, where income is paid gross
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What is deemed a qualifying life policy?
Life policies with regular level premiums payable at least annually and for 10 years minimum. An individual’s annual premium limit is £3,600 If a policy is qualifying the original policyholder will never be subject to personal tax on the proceeds
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What is deemed a nonqualifying life policy?
Single premium investments, usually taken out primarily as investments (e.g., investment bonds) rather than for life cover All gains from non-qualifying policies are taxable
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Outline the tax treatment within a life company fund
Fund pays tax at 20% on interest income, rental income and offshore income UK dividends exempt from tax If fund sells any assets, gains taxed at 20% These taxes are paid directly by the life office and cannot be reclaimed by the policy holder if they are a nontaxpayer
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Outline the tax treatment on the policyholder of life assurance policy
Policyholders subject to income tax on policy profits Gains are called ‘chargeable gains’ even though they are not subject to CGT Qualifying policies are more favourable because only gains arising within the first 10 years are taxable
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What are the chargeable events for non-qualifying life policies?
Death (if it gives rise to the payment of benefit) Maturity Surrender or certain part surrenders Assignment for money or money’ worth
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If a chargeable event has occurred, under what circumstances does it become a chargeable gain?
On maturity or surrender  If amount paid out (plus any earlier capital payments) exceeds the premiums paid plus previous chargeable gains On death  If surrender value immediately before death (plus any earlier capital payments) exceeds the premiums paid plus previous chargeable gains
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What is the rule on partial withdrawals i.e., the 5% rule?
Possible to withdraw 5% of the original investment without incurring an immediate tax charge, this can be carried forward Any excess is chargeable in the year of withdrawal for higher/additional rate taxpayers It is not tax free because when the plan is encashed, all previous withdrawals have to be added to the gain for the final tax calculation
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What is the tax treatment of a chargeable gain under a life assurance policy?
If the gain falls in basic rate tax band – no tax is due If gain falls fully in higher rate tax band – taxed at 20% If gain falls fully in additional rate tax band- taxed at 25% N.B. Non-taxpayers cannot reclaim this tax Top slicing relief is available if a gain straddles 2 tax
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Whenever a chargeable event occurs, and a gain arises, what must the life office issue?
Life office has to issue a certificate to policyholder Certificate states the amount of chargeable gain and allows investor to complete their self-assessment
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What are the characteristics of an offshore bond and why might they be favourable in the long term?
Life assurance bonds set up outside the UK No tax within the fund so the growth should be better than an onshore bond May be withholding tax (non-reclaimable) When a chargeable event occurs, a UK policyholder is liable to income tax at the highest rate on whole gain PSA and 0% band available
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How does time apportionment relief work?
If policy holder has been non-resident for some part of the life of the bond the gain is reduced Time apportioned by dividing the number of days they were resident by number of day’s policy has run
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What is the job of a tax representative for an offshore life office?
Offshore life offices must appoint a UK tax representative if they have UK resident policyholders They are responsible for issuing chargeable event certificates
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What is the Overseas Life Assurance Business (OLAB) of a UK life office taxed on?
Taxed on profits made on writing overseas business Not taxed on income and gains from investment in OLAB funds (they should grow faster than ordinary UK funds) OLAB is only with non-UK residents
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What type of life assurance policies can a friendly society sell?
They can sell qualifying policies with limited premiums (£270pa or £25/month) where the funds are free of UK tax on investment income and capital gains Known as exempt policies
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What is a structured product?
They provide investment returns linked to performance of equity investments, e.g., FTSE100, with some element of the return protected or guaranteed Returns are achieved by a combination of a deposit or fixed-interest investment and a derivative of the chosen index
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What is an annuity?
A contract to pay a given amount (the annuity) every year
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What is the difference between growth and income structured products?
Growth products generally provide a guaranteed minimum return Income products (no longer very common) provide a fixed income and the return of capital at the end of their term
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What are 3 main types of annuity and their tax treatment?
Purchased life annuity (PLA) Capital and interest element Compulsory purchase annuity All income is taxable as non-savings income Immediate needs annuity Paid directly to care provider and there is no income tax
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What are the ways an investor can invest indirectly in property?
Special purpose vehicles Shares in listed property companies Real Estate Investment Trusts (REITs) Insurance company property funds Property unit trusts and OEICs
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What is a special purpose vehicle (SPV)?
Usually a limited partnership or exempt UK unit trust or investment trust, which is setup to finance specific projects Efficient from a tax standpoint as they allow investments to be made from SIPP, SSAS and registered charities
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What are the requirements of a REIT?
Must be closed-ended UK resident company and listed on a stock exchange To be exempt from corporation tax:  75% of the company’s total gross profits have to originate from property  Rental income must exceed 125% of interest borrowings
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What are the 2 types of distribution from a REIT?
Payment from tax exempt element Payments are paid net of 20% income tax and treated as UK property income Dividend payment from non-exempt element Provides dividend income for the investor REIT gains subject to CGT in the normal way
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What are the features of insurance company property funds?
The values of units are linked to the underlying properties No gearing They can be held through regular and single premium life assurance policies
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What is the primary purpose of Enterprise Investment Schemes (EIS), Seed Enterprise Investment Schemes (SEIS) and Venture Capital Trusts (VCTs)?
They are all designed to help new start-up companies raise capital by giving significant tax breaks to the investor
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What are the tax reliefs given to an investor in an Enterprise Investment Scheme (EIS)?
Income tax relief of 30% on qualifying investments up to £1m (£2m if KI). This is given as a tax reducer. Tax relief will be clawed back if shares disposed of within 3 years Shares also free of CGT if held for 3 years Investing can also defer CGT liability from previous gain if that money was invested into EIS shares
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What are the tax advantages of investing in a Seed Enterprise Investment Schemes (SEIS)?
Similar to EISs but target smaller start-ups Income tax relief is given at 50% on first £100,000 (shares must be held for 3 years) Shares also free of CGT if held for 3 years If investor has a CGT liability on disposal of another asset, 50% of this can become exempt if invested into EIS shares
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Do EIS and SEIS shares qualify for Business Property Relief (BBR)?
Both EIS and SEIS shares qualify for Business Property Relief at 100% if shares held for 2 years, and 50% relief if held for between 1 and 2 years
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What are the tax advantages of investing in a VCT?
30% income tax relief on first £200,000 (given as a tax reducer). Shares must be held for 5 years otherwise relief is clawed back Dividends from VCTs up to £200,000 per tax year are tax free Shares are exempt from CGT immediately, but no reinvestment relief is offered
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What are the conditions a company must meet to qualify as an EIS investment?
Company cannot have gross assets over £15m prior to investment (£16m after) Company cannot have been trading for more than 7 years Must have permanent establishment in UK Must be unlisted when EIS shares issued Fewer than 250 full-time employees (500 for KI)
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What are the conditions a company must meet to qualify as an SEIS investment?
Company must have been trading for less than 2 years Cannot have gross assets over £200,000 Fewer than 25 full time employees
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