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Donating land, property or shares to a charity

There are special rules in place for taxpayers who gift land, property or certain shares to charity. This can include Income Tax and Capital Gains Tax (CGT) relief provided all the necessary conditions are met. There is no Income Tax relief on donations to community amateur sports clubs (CASCs).

Income Tax relief

Where qualifying assets are gifted, the market value of the asset is deducted from the taxpayer’s total income rather than adjusting their basic rate tax band. This should be done for the tax year (6 April to 5 April) in which they made the gift or sale to charity.

Capital Gains Tax relief

Taxpayers do not have to pay CGT on land, property or shares they give to charity. Taxpayers may have to pay some tax if they sell for more than the land, property or shares cost, but less than their market value. The gain should be calculated using the amount the charity actually pays, rather than the value of the asset.

Selling land, property or shares on behalf of a charity

When a taxpayer offers a gift of land, property or shares, the charity might ask the taxpayer to sell the gift on its behalf. Taxpayers can do this and still claim tax relief for the donation, but they must keep records of the gift and the charity’s request. Without them, they might have to pay CGT.

Source: HM Revenue & Customs Wed, 14 Oct 2020 00:00:00 +0100

Capital Gains Tax Returns (“CGT”) – Filing and paying within 30 days of selling a residential property.

CGT is tax payable on profits when you sell or dispose of an asset that has increased in value.

 

HMRC have set out rules for both Non-UK and UK Residents to pay CGT due on properties as well as submitting a CGT return.

 

For properties sold after 6th April 2020 you must report and pay Capital Gains Tax within 30 days of selling property in the UK.

 

We've set up a service to comply with the latest rules – we can help!

 

Each time a property is sold, have you considered Captial Gains Tax?

 

This could apply if:

– You've let the property since beginning of ownership, or;

– Used as your main residence but let out before or after your time living there,

– It is a buy-to-let property business,

– It is commercial property,

– It is land, or;

– The property was inherited.

 

There are certain tax reliefs available in the form of:

– PRR (Private Residence Relief),

– LR (Letting Relief).

 

No requirement if no taxable gain, this could be due to:

– Prinicipal Private Residence Relief,

– The capital gains tax exemption applies (gains up to £12,300),

– No gain no loss (such as transfers between married couples or civil partnerships),

– Property disposal results in a loss,

– Capital losses were brought forward from previous tax years,

– Losses arisen during the tax year on disposals.

 

Who are caught by these rules?

– Non-UK Residents,

– UK Resident Taxpayers.

 

Who are NOT caught by these rules?

– Companies,

– Charities,

– Pension Schemes,

– Other Collective Investment Schemes.

 

Please contact us if you have sold your property and are concerned about Capital Gains Tax. 01482770269 or hello@whitethorns.co.uk​​​​​​​

Source: Wed, 09 Sep 2020 15:28:11 +0100

Nominating a principal private residence

There is usually no Capital Gains Tax (CGT) due on a property which has been used solely as the main family residence. Conversely, an investment property which has never been used as a private residence will not qualify for relief. This relief from CGT is commonly known as private residence relief.

There are a number of issues taxpayers that own more than one home should be aware. An individual, married couple or civil partnership can only benefit from CGT on one property at a time. However, it is possible to choose which property benefits from a CGT exemption by making an election.

This must be done by nominating one property as your main home by writing to HMRC and specifying (with the full address) which home you want to nominate. All owners of the property must sign the letter. If you want to nominate a home you must do this within 2 years of any relevant change. You must have also lived in the house as your main or only residence at some point in the past.

There are special rules for overseas property and for non-UK residents. It is important to carefully consider the timing and frequency of changing an election.

If a property has been occupied at any time as an individual’s private residence, the last 9 months of ownership are disregarded for CGT purposes – even if the individual was not living in the property when it was sold.

Source: HM Revenue & Customs Wed, 09 Sep 2020 00:00:00 +0100

Tax and divorce

When a couple is in the process of becoming separated or divorced it is unlikely that they are thinking about the tax implications of doing so. However, it is important that the tax consequences of the break-up are properly considered.

Whilst Income tax does not automatically cause an issue for separating couples, as it is an individually assessed tax, there are other taxes that need to be considered. For example, when a couple are together there is no Capital Gains Tax (CGT) payable on assets gifted or sold to your spouse or civil partner. However, if a couple separate and do not live together for an entire tax year or get divorced then CGT may be payable on assets transferred between ex-partners.

This effectively means that the optimum time for a couple to separate would technically be at the start of the tax year so that they would have up to a year to plan how to split their assets most tax efficiently. Obviously, in the real world most couples will have far more on their minds than deciding to get separated on a certain day, but these issues should be kept in mind.

It is also important to look at making a financial agreement that is agreeable to both parties. If no agreement can be reached, then going to court to make a 'financial order' will usually be required. The couple and their advisers should also give proper thought to what will happen to the family home, any family businesses as well as the Inheritance Tax implications of separation and / or divorce.

Source: HM Revenue & Customs Wed, 02 Sep 2020 05:00:00 +0100

Reporting gains on residential property

The Capital Gains Tax (CGT) reporting and payment date for UK residents that sell certain residential property changed from 6 April 2020. This change meant that any CGT due on the sale of a residential property needs to be reported and a payment on account of any CGT due made within 30 days of the completion of the transaction.

In practice, this change will only apply to the sale of a residential property that does not qualify for Private Residence Relief (PRR). The PRR relief applies to qualifying residential properly used wholly as a main family residence.

HMRC had announced that as a result of the Coronavirus pandemic they would adopt a light touch approach and there would be no late filing penalty for any transactions completed on or after 6 April 2020 to 1 July 2020 and reported up to 31 July 2020. However, interest continued to be charged if the tax remained unpaid after 30 days for all transactions from 6 April 2020.

This grace-period has now ended and landlords and second-home owners amongst others will receive a late filing penalty if capital gains are not reported within 30 calendar days of completion of the transaction. Taxpayers that fail to meet the deadline, will be subject to a £100 fine, rising to £300 or 5% of any tax due (whichever is greater) the longer the payment is outstanding.

Note, the payment date for any CGT due on residential property sales made before 6 April 2020 will be 31 January 2021.

Source: HM Revenue & Customs Tue, 11 Aug 2020 05:00:00 +0100

Review of CGT on the cards?

The Chancellor, Rishi Sunak has written to the OTS (Office of Tax Simplification), asking the OTS to undertake a review of Capital Gains Tax (CGT) and aspects of the taxation of chargeable gains in relation to individuals and smaller businesses. In response to the request, the OTS has published a scoping document for the review, together with a call for evidence and an online survey.

The scope of review will include looking at the following areas: the overall scope of the tax and the various rates which can apply; the reliefs, exemptions and allowances which can apply, and the treatment of losses; the annual exempt amount and its interactions with other reliefs; the position of individuals, partnerships and estates in administration, and of unincorporated businesses and stand-alone owner-managed trading or investment companies; and interactions with other parts of the tax system such as Income Tax, Capital Allowances, Stamp Taxes and Inheritance Tax, including potentially different definitions for similar transactions/events.

The review will also consider a number of more specific issues, including clearance and claims procedures; chargeable gains on shares and securities; the acquisition and disposal of property; the practical operation of principal private residence relief; consideration of the issues arising from the boundary between Income Tax and Capital Gains Tax in relation to employees; valuations, record-keeping, calculating any tax payable and making returns, including claiming losses and the information HMRC have and can use to help them reduce administrative burdens, improve customer experience and ensure compliance.

The OTS are inviting response on the principles of CGT by 10 August 2020, and on the main section of the call for evidence by 12 October 2020. 

Source: Other Wed, 22 Jul 2020 05:00:00 +0100

Reporting Capital Gains on residential property

The Capital Gains Tax (CGT) reporting and payment date for UK residents that sell a residential property changed from 6 April 2020. This change means that any CGT due on the sale of a residential property needs to be reported and a payment on account of any CGT due made within 30 days of the completion of the transaction.

In practice, this change will only apply to the sale of any residential property that does not qualify for Private Residence Relief (PRR). The PRR relief applies to qualifying residential property used wholly as a main family residence.

HMRC has listed the following types of property sales that are affected:

  • a property that you have not used as your main home;
  • a holiday home;
  • a property which you let out for people to live in;
  • a property that you have inherited and have not used as your main home.

This new reporting requirement does not apply to sales of your home if the private residence relief was available for the period of your occupation. There can be penalties and interest if any CGT due is paid late. Note, the payment date for any CGT due on residential property sales made in the year before 6 April 2020 will be 31 January 2021.

There were also changes to the PRR rules which saw the final exempt period for CGT purposes being reduced from 18 months to 9 months – from 6 April 2020. This relief applies even if the homeowner was not living in the property when it was sold. The time period can be extended to 36 months under certain limited circumstances.

Source: HM Revenue & Customs Wed, 01 Jul 2020 05:00:00 +0100

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