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Government backtracks on CGT laws
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Government backtracks on CGT laws
"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. "
Thomas Jefferson -
So, does this mean that from 2008 income shifters can accumulate their profit in ltdco, and then sell up with a 10% charge ? -
"Taper relief currently allows some higher rate taxpayers to pay as little as 10% CGT on profits from the sale of assets in any unlisted company or publicly-listed firm they work for, as long as they have held them for two years.
It can also reduce the CGT liability for some basic rate taxpayers to 5%. "
How do I get the 5% thing?Comment
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Who are you going to sell to? I'll bet that ESC C16 (or similar) will not apply to this!!!Originally posted by moorfield View PostSo, does this mean that from 2008 income shifters can accumulate their profit in ltdco, and then sell up with a 10% charge ?Comment
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In the same way as you get the 10% thing, except that the whole of your income (earned and unearned) for the year has to be below, (what is it?)about 35K.Originally posted by hugebrain View Post"Taper relief currently allows some higher rate taxpayers to pay as little as 10% CGT on profits from the sale of assets in any unlisted company or publicly-listed firm they work for, as long as they have held them for two years.
It can also reduce the CGT liability for some basic rate taxpayers to 5%. "
How do I get the 5% thing?
HTH
timComment
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So for those of us in the cheap seats, does this apply to shutting down the company and only paying 10% on the retained profit as before?Will work inside IR35. Or for food.Comment
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This is unclear yet... As crossroads says, perhaps this 'allowance' will not apply to ESC C16 (dissolution of ltd companies)Originally posted by VectraMan View PostSo for those of us in the cheap seats, does this apply to shutting down the company and only paying 10% on the retained profit as before?It's about time I changed this sig...Comment
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I can't think of any reason why it wouldn't.Originally posted by MrRobin View PostThis is unclear yet... As crossroads says, perhaps this 'allowance' will not apply to ESC C16 (dissolution of ltd companies)
A bit more initial analysis for you from an email I have sent affected clients:-
http://www.hm-treasury.gov.uk/newsro...ress_05_08.cfm
The link above gives all of the information I have currently seen. Broadly, it appears that you will be entitled to a CGT rate of 10% on the first £1million of your lifetime capital gains and 18% thereafter. This is obviously good news, but not quite as good as the existing regime.
Currently, the effect of business asset taper relief is that the taxpayer's annual exemption is multiplied by 4, where the shares have been held for more than 2 years. This benefit will not continue under the new regime. The cost of this is approx £5K (assuming 2 shareholders, see example below).
Another reason to still close your company prior to 05/04/08 is that I guess that the £1million lifetime threshold will not count any disposals prior to 05/04/08 so if you anticipate that in the remainder of your lifetime, your gains will exceed £1million, there would still be an advantage to closing down your company prior to 05/04/08.
EXAMPLE - DISPOSAL PRIOR TO 05/04/08
Assume company liquidated on 05/04/08 resulting in residual proceeds available for distribution of £200K.
The company has 2 equal shareholders.
The company has been trading for over 2 years and is accepted by HMRC as being a trading company.
The shareholders have no other capital gains or losses in the 2007/08 tax year.
CGT liability = [£200K - (£36,800 x 2)] x 10% = £12,640
EXAMPLE - DISPOSAL AFTER 05/04/08 - NEW PROPOSALS
As above except that liquidation date is 06/04/08.
CGT liability = [£200K - (£9,200 x 2)] x 10% = £18,160
EXAMPLE - DISPOSAL AFTER 05/04/08 - OLD PROPOSALS
As above
CGT liability = [£200K - (£9,200 x 2)] x 18% = £32,688Comment
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Because our Government is great, that's why.Originally posted by THEPUMA View PostI can't think of any reason why it wouldn't.
But "The entrepreneurs' relief will apply to gains arising on disposals of trading businesses" suggests we might be OK.Comment
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I might be being thick here (which is far from unheard of), but aren't these two statements contradictory?
The government has announced changes to capital gains tax (CGT), confirming that it will set a single 18% rate and cease taper relief from 1 April.So there are two rates then, or does this mean there might be some nasty small print attached to the 10% rate?But Chancellor Alistair Darling also said there would be a 10% rate on gains of up to £1m, to help entrepreneurs.Comment
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