Capital Taxes
Capital gains tax (CGT)
The Chancellor confirmed the new standard rate of 18%, coupled with
the withdrawal of indexation allowance and taper relief for individuals
and trustees with effect from 6 April 2008. Other reliefs, such as those
relating to principal private residences, losses brought forward, Enterprise
Investment Scheme and Venture Capital Trusts, and business asset rollover
relief, will continue to be available. Assets acquired before 31 March
1982 will be deemed to have had a cost equivalent to their market value
at that date.
In certain circumstances the CGT base cost of an asset is tied to
its value ascertained for inheritance tax (IHT) purposes. A correction
made necessary by the IHT changes noted below means this rule will not
apply where the value does not have to be ascertained for IHT purposes
on the death of an individual.
The Annual Exempt Amount (AEA) will be increased for 2008/09 to £9,600
for individuals and £4,800 for some trustees.
CGT: Entrepreneurs' Relief
Following strong opposition from the business community to the proposed
CGT changes, the Chancellor has introduced an Entrepreneurs' Relief
which gives an effective 10% rate for the first £1million of lifetime
capital gains on the disposal of trading businesses and on certain disposals
of shares in trading companies. The relief actually works by reducing
the gain by 4/9, leaving the residual 5/9 gain to be taxed at 18% (5/9
x 18% = 10%). The effective rate will be reduced by the application
of the AEA.
The £1million may be made up of any number of disposals after
5 April 2008 and, unlike the former retirement relief (on which the
rules are based), there is no minimum age qualification. There is, however,
a one year qualifying period and other conditions to be met. Trustees
will also be able to claim, jointly with a 'qualifying beneficiary'.
Capital gains made by companies are dealt with separately under the
corporation tax regime, and these arrangements have not changed.
Inheritance tax (IHT)
As previously announced, the IHT standard threshold has been set at
£312,000 for 2008/09. This defines the upper limit of what is
commonly known as the IHT nil-rate band.
In the October Pre-Budget Report, the Chancellor announced a new concession
for married couples and civil partners. With effect from second deaths
on or after 9 October 2007 the unused percentage of the nil-rate band
from the first death estate can be carried forward and added to the
nil-rate band available to the second. The combined threshold for couples
is therefore set at a maximum of £624,000 for 2008/09.
This new arrangement applies no matter how long ago the first death
occurred. For example:
On the first death none of the original nil-rate band was used
because the entire estate was left to a surviving spouse. Then if the
nil-rate band when the surviving spouse dies is £350,000 that
would be increased by 100% to £700,000
If on the first death the chargeable estate was £107,500
when the nil-rate band was £215,000 (1997/98), then 50% of the
original nil-rate band would be unused. If the nil-rate band when the
surviving spouse dies is £350,000, then that would be increased
by 50% to £525,000.
Pension savings
The Finance Bill 2008 will propose legislation to ensure that tax-relieved
pension savings diverted into inheritance using scheme pensions and
lifetime annuities are subject to unauthorised payment tax charges and,
where appropriate, IHT. In addition, IHT protection to savings in overseas
pension schemes will be restored.
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