week 10: capital taxes Flashcards

(29 cards)

1
Q

What is Capital expenditure

A
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2
Q

What is the key difference between depreciation and capital allowances?

A

Depreciation follows accounting rules; capital allowances follow tax rules.

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3
Q

What are two types of expenditure eligible for capital allowances?

A

Plant and machinery, and integral features.

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4
Q

What is capital expenditure?

A

Capital expenditure is spending on assets that provide benefit beyond the current accounting period, such as equipment, vehicles, or buildings. It’s not treated as a trading expense but may qualify for capital allowances.

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5
Q

How are capital allowances treated in tax calculations?

A

They’re treated as a trading expense and deducted from trading profits.

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6
Q

For individuals, how are capital allowances calculated?

A

They’re calculated for the accounting period — unless it exceeds 18 months.

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7
Q

What happens if the accounting period is over 18 months?

A

It’s split into a 12-month period and a remainder period for capital allowance purposes.

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8
Q

What are the key steps to assess capital allowances for plant, machinery, and integral features?

A

Is the asset eligible?

Is it part of the main pool or special rate pool?

Does it qualify for Annual Investment Allowance (AIA)?

Does it require special treatment (e.g. short-life asset)?

Has there been a disposal (adjust pool accordingly)?

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9
Q

What makes plant and machinery eligible for capital allowances?

A

It must be used for carrying on the business

It must form part of the setting in which the business is carried on

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10
Q

What integral features are eligible for capital allowances?

A

Items attached to buildings, including:

Electrical system

Cold water system

Water heating, ventilation, air cooling or purification systems

Floors or ceilings forming part of such systems

Lifts, escalators, moving walkways

External solar shading

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11
Q

What is the difference between the main pool and special rate pool in capital allowances?

A

Main pool: For most assets excluding long-life or special rate ones; includes cars, taxis, plant/machinery in standard business buildings.

Special rate pool: For long-life assets (>25 years), integral features, and thermal insulation.

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12
Q

What AIA details are not shown on the tax tables and must be memorised?

A

Cars are not eligible for AIA

Unused AIA is not transferable

Excess over £1 million goes to WDA (18% or 6%) depending on the pool

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13
Q

What special capital allowance treatments should be memorised (not given on the sheet)?

A

Cars:

0g/km CO₂ → 100% FYA in year of purchase

<50g/km CO₂ → Main pool

≥50g/km CO₂ → Special rate pool

Enhanced Capital Allowances (ECA):

100% for approved “green” assets (e.g. energy-saving equipment)

Separately pooled assets:

Private use assets → only business portion qualifies

Short-life assets → tracked separately from main/special pools

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14
Q

What additional special treatment rules apply for capital allowances (not on the tax sheet)?

A

Can’t claim CA for:

Cars

Plant only partly used for trade

Gifts

Assets treated as long-life

Taxpayer can elect within 2 years after end of basis period to treat an asset separately

If not disposed of within 8 years, remaining tax WDV is added back to the main or special pool

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15
Q

Q: What rules apply to additions and disposals in capital allowances?

A

Additions:

Added to pool at cost (net of AIA or ECA)

Disposals:

Deducted at lower of cost or sale proceeds

WDA can be partially claimed or skipped

WDA is annual — pro-rate if accounting period ≠ 12 months

Balancing adjustments:

Balancing allowance if non-pooled asset sold for less than value

Balancing charge if total allowances > cost − proceeds

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16
Q

What are the rules for writing off small balances in capital allowance pools?

A

If main or special rate pool balance < £1,000, taxpayer may write off full amount

Not allowed for single asset pools (e.g. cars with private use)

If written off, pool = £0, so future disposal may cause balancing charge

17
Q

What’s the order of applying capital allowances?

A

Does it qualify for 100% ECA?

If not → Does it qualify for AIA?

Use AIA on special rate pool items first

If not → Add to main/special rate pool → claim WDA

18
Q

What 3 areas should you focus on when studying Capital Gains Tax?

A

Definition of a taxable capital gain and chargeable individual

Deductions allowed when calculating taxable gains

CGT tax rates

19
Q

What is a capital gain and how does it arise?

A

A capital gain happens when you sell or dispose of an asset for more than you paid for it.
It arises from:

Increase in market value over time

Retained profits in the asset (e.g. company shares)

Scarcity or rising demand

Successful risky investments

20
Q

How is a taxable capital gain calculated, and who is chargeable?

A

Taxable gain = sale value − original cost (or inherited value)

Chargeable persons include:

UK resident individuals

Trustees and personal representatives

Partners: taxed individually based on their share of any partnership gain

21
Q

Who is exempt from paying Capital Gains Tax (CGT)?

A

Charities (if gains used for charitable aims)

Local authorities

Registered friendly societies

Approved scientific research associations

Investment trusts

Pension funds

Companies → they pay Corporation Tax on chargeable gains instead

22
Q

What is a chargeable disposal for Capital Gains Tax, and what are the exceptions?

A

A:

CGT is charged on the sale, gift, loss, or destruction of a chargeable asset

Gains are taxed when realised (i.e. asset is disposed of)

Not chargeable if:

Gift between spouses or civil partners

Death of the taxpayer

Gift to charities, museums, or art galleries

23
Q

What assets are exempt from Capital Gains Tax (CGT)?

A

Principal Private Residence (PPR)

Motorcars

Gambling winnings

ISAs, National Savings Certificates, Premium Bonds, Life assurance policies

Foreign currency (if for private use)

Works of art donated for public/national benefit

24
Q

How is Capital Gains Tax assessed?

A

Tax year basis: e.g. 6 April 2023 – 5 April 2024 (due 31 Jan 2025)

Calculate gain/loss for each disposal

Net total gains/losses for the year

Offset current year losses first, then brought-forward losses

Apply annual exemption (can choose which gains to offset)

If losses wipe out gains, annual exemption is lost

25
What is the standard layout for calculating a capital gain?
Disposal value Less: Disposal costs (e.g. agent/legal fees) = Net proceeds Less: Acquisition cost Acquisition costs (e.g. legal fees) Enhancement expenditure Valuation costs = Chargeable gain
26
How are capital losses treated for CGT purposes?
Carried forward to offset future chargeable gains only Only used if they don’t waste the annual exemption In year of death, losses can be carried back 3 years
27
What is Incorporation Relief and when does it apply?
Applies when a business and all its assets (except cash) are transferred to a company in exchange for shares Any capital gain is rolled into the value of the shares received If consideration includes non-share elements, gain is apportioned (relief only on the share portion)
28
Q: What are the rules for Entrepreneurs’ Relief (Business Asset Disposal Relief)?
A: Applies to: Sale of all or part of a business Sale of shares in a trading company if seller is an officer/employee and owns ≥5% for 12+ months 10% CGT rate Lifetime limit: £1 million of qualifying gains Limit has applied since 1 Jan 2021
29
Q: What are the rules for Roll Over Relief (CGT)?
Applies when a business asset is replaced Gain is deferred (no gain/loss arises on disposal) New asset’s cost is reduced by gain from old asset Full relief only if entire proceeds are reinvested Asset must be used for trade purposes only Applies to specific assets: Land & buildings Fixed plant/machinery Ships, aircraft, hovercraft Goodwill