The budget brought with it an increase in Capital Gains Tax seeing a rise from 18% to 28% for higher rate tax payers.
Consumers are keen to know whether or not they can use their annual exemption of £10 100 to reduce their higher taxed, post June gains and offset carried-forward losses against higher-taxed post-Budget gains, to save the most tax?
Tim Norkett, of Horwath Clark Whitehill, the accountants, confirms that the new higher rate of capital gains tax (CGT) of 28 per cent applies to gains on assets sold on or after June 23 2010 by higher-rate taxpayers ie: people whose income in this tax year and whose capital gains arising on or after June 23 total more than £43,875.
It is unusual for a new tax rate to be introduced part-way through a tax year. However, as HM Revenue & Customs’ Budget Note 20 states, the £10,100 annual exemption, and losses carried forward from earlier tax years or prior to June 23, can be allocated against gains realised after the Budget to reduce those taxable at 28 per cent.
For example, if a higher-rate taxpayer with £10,000 of losses had realised gains of £20,000 before the Budget and a further £30,000 after the Budget, both the £10,100 annual exemption and carried-forward losses would be deducted from the £30,000 post-Budget gain, leaving £9,900 taxable at 28 per cent. The other £20,000 of pre-Budget gains would be taxed at the previous 18 per cent flat-rate of CGT.
This flexibility also means that, where a higher-rate taxpayer has losses from before the Budget, it might be worth selling further assets to generate post-Budget gains against which the losses can be offset – so achieving tax relief for these losses at 28 per cent rather than 18 per cent.
Individuals with non-taxpaying spouses or civil partners should also consider transferring assets to their partners before sale, so that CGT is payable at 18 per cent on the first £37,400 (the partner’s basic rate band) of taxable gains.
(Source: FT.com)
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