Taxation Flashcards
(78 cards)
What is the Annual Capital Gains Exemption (“ACGE”)?
A Tax Allowance of £3,000 for Individuals.
What are Benefits in Kind (“BIKs”)?
Non-Cash Employement Benefits that:
- Employers must report to HMRC (Form P11D) and Employees; and that
- Employees must disclose in their Tax Returns, since BIKs are subject to Income Tax but exempt from PAYE.
What is Business Asset Disposal Relief (“BADR”)?
Definition:
- A Tax Relief for Individuals that reduces the rate of CGT to 10% on the Disposal of QBAs.
- Individuals have a Lifetime Allowance of £1m.
Deadline for Application:
- The First Anniversary of January 31st following the end of the relevant Tax Year.
What are Capital Allowances?
Annual Deductions of QCEs from TTPs.
What are Capital Expenditures?
Expenses from one-off transactions.
What are Capital Receipts?
Proceeds from one-off transactions.
What is Capital Gains Tax (“CGT”)?
A Tax on:
- Chargeable Disposals;
- Of Chargeable Assets;
- By Chargeable Persons;
- That give rise to a Chargeable Gain;
- Except if it takes place between S/CPs.
Applicable Rates:
-
Basic Rate:
- 10% generally.
-
Higher and Additional Rate:
- 20% generally.
- You determine which Rates apply by adding TI to Chargeable Gains.
What is an Allowable Expenditure in relation to Capital Gains Tax?
Disposal Expenditure:
- Cost of Disposal.
Initial Expenditure:
- Cost of Acquisition, including incidental costs.
Subsequent Expenditure:
- Cost of enhancing the Asset’s value.
- Cost of establishing, preserving, or defending the Asset’s Title.
What is a Chargeable Asset?
All Assets, except:
- PPRs.
- Sterling and foreign currency.
- Motor vehicles for private use.
-
Certain investments, including:
- Life assurance policies.
- Government securities.
- National savings certificates.
- Any investment held in an Individual Savings Account.
What is a Chargeable Disposal?
A Sale or Gift during a Chargeable Person’s lifetime.
What is a Chargeable Person?
A UK Taxpayer.
What are the Formulae for calculating Chargeable Gain?
Disposals at Arm’s Length:
- Sale Proceeds − Allowable Expenditures − ACGE.
Disposals as Gifts, at an Undervalue, or between CPs:
- Market Value − Allowable Expenditures − ACGE.
Important Considerations:
- Capital Losses can be offset against Capital Gains in the same Tax Year, and can be carried forward if the are insufficient Gains to offset.
What is a Connected Person (“CP”) in relation to Capital Gains Tax?
Relatives:
- S/CPs.
- Siblings.
- Lineal Ascendants.
- Lineal Descendants.
- In-Laws, Full-Bloods, and Half-Bloods.
Commercial Connections:
- Business Partners and their Relatives.
- Firms wherein an Individual owns more than 50% of voting rights or Issued Share Capital.
- Trustees of Settlements where the Individual, their S/CP, or children are Beneficiaries.
Related Companies:
- Firms wherein an Individual owns more than 50% of voting rights or Issued Share Capital.
- Firms under the control of the same Individual or CPs.
Broadly, Business Partners are joint owners of commercial venture with the Individual, and are not considered CPs in bona fide commercial acquisitions or disposals of partnership assets.
What is Corporation Tax?
A Tax on the Taxable Total Profits (“TTPs”) of Corporations.
Regarding Corporation Tax, what are the Applicable Rates?
Main Rate:
- Rate: 25%.
- Threshold: Over £250,000.
Small Profits Rate:
- Rate: 19%.
- Threshold: Below £50,000.
Tapered Rate (Marginal Relief):
- Gradually increases tax as TTP increases from £50,001 up to £250,000.
What is the Dividend Allowance (“DivA”)?
An Allowance of £500 for Income earned from Dividends.
In essence, this is a Nil Rate Band.
What is an Eligible Savings Product (“ESP”) for Personal Savings Allowance?
- Corporate Bonds.
- Government Bonds.
-
Savings Accounts with:
- Banks.
- Credit Unions.
- Friendly Societies.
- Building Societies.
What is Holdover Relief (“HR”)?
- A Tax Relief that allows a Donor and Donee to roll over Chargeable Gains from;
- A Gift or Undervalued Disposal of:
- Goodwill;
- Off-Market Shares; or
- Assets used in the course of business;
- Into the Acqusition Cost, thereby reducing it.
- Once the Donee later sells the Asset, they pay tax on the Chargeable Gain.
HR is not automatic. The Donor cannot use the ACGE to reduce it.
What are Income Expenditures?
Expenses from regular, recurring transactions.
What are Income Receipts?
Proceeds from regular, recurring transactions.
What is Investors’ Relief (“IR”)?
- A Tax Relief for Individuals that reduces the rate of CGT to 10% on the Disposal of Qualifying Shares in Unlisted Firms.
- Individuals have a Lifetime Allowance of £10m.
What are the Qualifying Conditions for Investors’ Relief?
Off-Market at Issuance:
- The Shares must have been Off-Market at Issuance.
Continuity of Shareholding:
- The Shares must have been continuously held for at least 3 Years from 06/04/2016.
Investor’s Status at the Relevant Time:
- The Individual (or any CPs) must not have been Employees at any time from Issuance.
Type of Share:
- The Shares must be Fully Paid-Up Ordinary Shares Issued for cash on or after 03/17/2016.
Continuity of Trading:
- The Firm (or Trading Group HoldCo) must have been a Trading Firm for at least two years before Disposal.
What is Income Tax?
A Tax on the TI of Individuals.
What are the Income Tax Bands (after Personal Allowance)?
Basic Rate:
- £0 to £37,700.
Higher Rate:
- £37,701 to £125,140.
Additional Rate:
- Over £125,140.