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The guidance and/or advice contained
within this website is subject to the UK regulatory regime and is
therefore primarily targeted at consumers based in the UK. |
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| What is liable to Capital Gains Tax? |
| In short, the profit made when selling an
asset is liable to Capital Gains Tax (CGT) unless it's taxed in another way
or is covered by a CGT exemption. |
| The tax is payable by the person who profits. |
| What are the exemptions? |
| The most common exemptions are: |
| Annual Exemption: An amount of taxable gain which
is not taxed. It's only the value of taxable gain (if any) above this limit
which is taxed. |
| Exempt Assets: Some assets are exempt from CGT, such
as ISAs, National Savings Certificates, pension scheme tax-free cash sums,
your home and (usually) your chattels. |
| Inter-Spousal Transfers: Transfers of ownership between
UK-Domiciled husband and wife (and legal Civil Partners) are free from CGT. |
| Deferral Relief: Taxable gains can be rolled-over (to
be taxed at a later date) if reinvested into shares of a qualifying unquoted
trading company or Enterprise Investment Scheme. |
| Entrepreneurs' Relief: Gains made by business-owners when
selling (e.g. at retirement) are taxed more favourably than other capital gains. Up to
£1 million may, in effect, be taxed at a rate of 10% (instead of at 18%). |
| Is CGT payable on death? |
| Usually not. This prevents a potential double-taxation care of
CGT and Inheritance Tax. |
<Top of Page> |
| INCOME TAX |
| RATES & ALLOWANCES |
| |
2007-2008 |
2008-2009 |
| Starting Rate (for any type of income): |
10% |
- |
| Starting Rate Tax Ceiling (for any type of income): |
£2,320 |
- |
| Starting Rate (for unearned income, in some circumstances): |
- |
10% * |
| Starting Rate Tax Ceiling (for unearned income, in some circumstances): |
- |
£2,320 * |
| Basic Rate: |
22% |
20% |
| Basic Rate Tax Ceiling: |
£34,600 |
£34,800 |
| Higher Rate: |
40% |
40% |
| Personal Allowance (to age 65): |
£5,225 |
£6,035 |
| Personal Age Allowance (age 65 - 74): |
£7,550 |
£9,030 |
| Personal Higher Age Allowance (age 75+): |
£7,690 |
£9,180 |
| |
| Age Allowance (Lower) Threshold: |
£20,900 ^ |
£21,800 ^ |
| * savings income is treated as being the
'top slice' of income, and can be taxed at the Starting Rate only if earned
income does not shift the savings income up to above the Starting Rate Ceiling. |
^ Age Allowances (Personal and Married) are
reduced by £1 for every £2 of gross income in excess of the Age
Allowance (Lower) Threshold ... until reduced to the ordinary Personal
Allowance and to the Married Couple's Allowance Minimum.
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| Blind Person's Allowance: |
£1,730 |
£1,800 |
| Married Couple's Allowance (born after 05/04/1935): |
N/A |
N/A |
| Married Age Allowance (born pre-06/04/1935 - age 74): |
£6,285 * |
£6,535 * |
| Married Higher Allowance (age 75 +): |
£6,365 * |
£6,625 * |
| Married Couple's Allowance minimum
(born pre- 06/04/1935): |
£2,440 * |
£2,540 * |
| * Married Couple's Allowance
is given at 10%. |
<Top of Page> |
| TAX CREDITS |
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2007-2008 |
2008-2009 |
| Working... |
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| Basic Element: |
£1,730 p.a. |
£1,800 p.a. |
| Couple's / Lone Parent Element: |
£1,700 p.a. |
£1,770 p.a. |
| 30-Hour Element: |
£705 p.a. |
£735 p.a. |
| Disability Element: |
£2,310 p.a. |
£2,405 p.a. |
| Severe Disability Element: |
£980 p.a. |
£1,020 p.a. |
| 50+ Element (working 16-29 hours p.w.): |
£1,185 p.a. |
£1,235 p.a. |
| 50+ Element (working 30+ hours p.w.): |
£1,770 p.a. |
£1,840 p.a. |
| Child Care (max. cost for 1 child)*: |
£175 p.w. |
£175 p.w. |
| Child Care (max. overall cost)*: |
£300 p.w. |
£300 p.w. |
| * Child Care (cost covered): |
80% |
80% |
| Child... |
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| Family Element: |
£545 p.a. |
£545 p.a. |
| Baby Addition: |
£545 p.a. |
£545 p.a. |
| Per Child: |
£1,845 p.a. |
£2,085 p.a. |
| Disability Element: |
£2,440 p.a. |
£2,540 p.a. |
| Severe Disability Element: |
£980 p.a. |
£1,020 p.a. |
| Restrictions... |
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| First Income Threshold*: |
£5,220 p.a. |
£6,240 p.a. |
| *Or if entitled to Child Credit only: |
£14,495 p.a. |
£15,575 p.a. |
| First Withdrawal Rate: |
37% |
39% |
| Second Income Threshold: |
£50,000 p.a. |
£50,000 p.a. |
| Second Withdrawal Rate: |
6.67% |
6.67% |
| Income Disregard: |
£25,000 |
£25,000 |
<Top of Page> |
| INCOME TAX DEDUCTED AT SOURCE |
| |
2007-2008 |
2008-2009 |
| Most Savings Income: |
20% is deducted by the payer |
20% is deducted by the payer |
| Dividends from shares: |
10% tax is notionally deducted by the payer |
10% tax is notionally deducted by the payer |
| Shares - Starting Rate and Basic Rate taxpayers: |
No further tax to pay |
No further tax to pay |
| Shares - Higher Rate taxpayers: |
An extra 22.5% tax is payable |
An extra 22.5% tax is payable |
| Shares - Non-taxpayers: |
No refund of tax is available |
No refund of tax is available |
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<Top of Page> |
| INHERITANCE TAX |
| |
2007-2008 |
2008-2009 |
| Annual Gift Exemption: |
£3,000 |
£3,000 |
| Nil-Rate Band Threshold: |
£300,000 |
£312,000 |
| Tax Rate above Nil-Rate Band: |
40% |
40% |
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| What is liable to Inheritance Tax? |
| Gifts - either on death or during lifetime - are liable to
Inheritance Tax (IHT) unless covered by one or more exemptions. |
| The tax is payable by the recipient(s) of the gift. |
| What are the exemptions? |
| The main exemptions are: |
Nil-Rate Band: (see above). The first part of taxable
estate on death is taxed at 0%.
For married couples / legal civil partners . . . since 9 October 2007 the second-to-die
can have their Nil-Rate Band increased by any unused percentage of the first-to-die's Nil-Rate
Band. (If more than one previously-deceased spouse / partner, the maximum uplift is 100%). |
| Annual Gift Exemption: (see above). We may give away
up to this amount per tax-year. If it's not used in the previous tax-year, then
the exemption may be carried forward to the next one (no further) if the full
exemption for the next tax-year is used first. |
| Small Gifts: We may give away gifts worth up to
£250 per tax-year to as many recipients as we like. This is to cater for
birthday presents etc. The exempt amount is PER RECIPIENT - not per donor. |
| Normal Expenditure Relief: Gifts which are regular (e.g.
monthly); repetitive (e.g. over 3+ years); are from the donor's income (not capital);
and which don't materially reduce his/her standard of living may be covered by this
exemption. An example is the premiums paid into life insurance under trust. |
| Gifts in Consideration of Marriage: A gift made by a
relative to individual(s) for their marriage. The limits are: up to £5,000
per parent; up to £2,500 per remoter relative or between the fiancé and
fiancée; up to £1,000 from anyone else. |
| Inter-Spousal Transfers: Gifts or transfers of any size
between UK-Domiciled husband and wife (or legal Civil Partners) are free from IHT. |
| Works of Art: Exemption from IHT might be granted for
works of art, books, scientific collections etc. of national / scientific / historic
/ artistic interest. The owner has to agree to keep the items in Britain, preserve
them, and allow reasonable public access. |
| Gifts to Charities or to Political Parties: These are
immediately free from IHT. |
| Agricultural Property Relief and Business Property
Relief: (Some relief may also apply to woodlands). Such property may
be given either full or partial exemption to IHT. |
| Death-in-Service Pension Benefits: Usually, these do
not incur an IHT charge. |
| Potentially Exempt Transfers ('PETs'): Gifts in
lifetime to individuals (or to some trusts, such as for a disabled person) remain
in the donor's taxable estate FOR ONLY 7 YEARS. On death during this period, they
become 'chargeable' (unless covered by an exemption) ... and any other chargeable
gifts made within the 7 years prior to the date of the gift in question are also
brought into the equation. On death, chargeable gifts are cumulated and taxed
chronologically: the oldest one forming the first part of the Nil-Rate Band ...
then the next oldest ... and so on until the transfer made on death. |
Chargeable Lifetime Transfers ('CLTs'): Gifts in
lifetime to MOST types of trust (prior to 22/03/2006 only ones of a 'discretionary'
nature) remain in the donor's taxable estate FOR ONLY 7 YEARS. (See PET section for
taxation on death).
A CLT can suffer IHT charges:
(i) when the gift is made, if it (plus any non-exempt gifts within the previous 7
years) exceeds the Nil-Rate Band;
(ii) later on if the value of the trust exceeds the Nil-Rate Band. |
| Taper Relief: (see below) applies if a lifetime gift
incurs an IHT liability because the donor dies within 7 years: so the tax (if any)
on the gift is reduced. |
| How does 'Taper Relief' work? |
| Taper Relief applies if a lifetime gift (PET or
CLT) incurs an IHT liability on death. |
| The donor must have died within 7 years ... and
the cumulative value of the lifetime gift(s) must exceed* the Nil-Rate Band as at
the date of death. |
| Years ago the lifetime gift was made |
Percentage of the death rate payable |
0 - 3: 3 - 4: 4 - 5: 5 - 6: 6 - 7: |
100% 80% 60% 40% 20% |
| Tax payable on death in respect of a lifetime gift
is payable by the recipient of the gift. |
| * |
If the cumulative value doesn't exceed the Nil-Rate
Band (NRB), then it's still taken into account as far as use of the NRB is
concerned - but Taper Relief wouldn't apply as there's no tax to reduce!
Here's an example:

In this example, the cumulative value of the non-exempt lifetime gifts doesn't
exceed the NRB - but it does reduce the amount of NRB available for setting against
the value of the gift on death. |
| Can I give something away but still benefit from it? |
| Generally speaking, if you make a gift but continue to enjoy
some benefit from it, then it is a 'Gift With Reservation' (GWR). This, for
Inheritance Tax purposes, effectively means that it is no gift at all. |
<Top of Page> |
| NATIONAL INSURANCE |
| |
2007-2008 |
2008-2009 |
| Employees |
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| Earnings threshold: |
£5,225 |
£5,435 |
| Upper earnings limit: |
£34,840 |
£40,040 |
| Rate of contributions on earnings up to earnings
threshold: |
0% |
0% |
| Rate of contributions on earnings above earnings
threshold up to upper earnings limit: |
11% (or 9.4% if contracted out of SERPS/S2P) |
11% (or 9.4% if contracted out of SERPS/S2P) |
| Rate of contributions on earnings above upper
earnings limit: |
1% |
1% |
| Class 3 per week (voluntary): |
£7.80 |
£8.10 |
| Self-Employed |
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| Class 2 per week: |
£2.20 |
£2.30 |
| Class 3 per week (voluntary): |
£7.80 |
£8.10 |
| Small Earnings Exception: |
£4,635 |
£4,825 |
| Class 4 lower and upper limits: |
£5,225 to £33,540 |
£5,435 to £40,040 |
| Class 4 Rate on earnings between lower and upper limits: |
8% |
8% |
| Class 4 Rate on earnings above upper limit: |
1% |
1% |
<Top of Page> |
| PENSION-PLANNING INVESTMENT |
| The maximum investment for tax-relief purposes
is £3,600 p.a. or 100% of earnings (up to an Annual Allowance limit) if higher.
(Figures are gross of tax relief). |
| |
2007-2008 |
2008-2009 |
| Annual Allowance: |
£225,000 |
£235,000 |
| Lifetime Allowance: |
£1.60 million |
£1.65 million |
<Top of Page> |
| STAMP DUTY |
| Stamp duty for purchases of residential land,
buildings etc. (except for property in 'disadvantaged' areas). |
| The duty payable for property is the
appropriate band rate - applied to the total value. |
| Purchase Price |
2007-2008 |
2008-2009 |
| Up to £125,000 *: |
0.0% |
0.0% |
| £125,001 * - £250,000: |
1.0% |
1.0% |
| £250,001 - £500,000: |
3.0% |
3.0% |
| £500,001 and over: |
4.0% |
4.0% |
| * From 3 September 2008 for 12 months the 0% band
is £175,000. |
| Since 1 October 2007, the first (not subsequent)
sale of a zero-carbon home to individuals (not commercial
transactions) is FREE of Stamp Duty on up to £500,000 of its value (a saving
of up to £15,000). |
<Top of Page> |
| TAX RETURNS & TAX YEARS |
| TAX RETURNS |
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| WHY 5 APRIL? |
| Tax years for individuals run from 6 April in one
year to 5 April in the next year. |
| Prior to the 1750's, it was normal to start the
year on 25 March ('Lady Day', the 'Feast of the Annunciation'). |
| 1 January was adopted as the formal
start of the year, as a result of Great Britain wishing to change from the Julian
Calendar to the Gregorian Calendar. |
| This change required that the day following 2
September 1752 would be 14 September - a jump of 11 days. |
| Not wishing to be accused of taxation by stealth
(a more recent development!), the government extended the 1752-1753 tax-year by
11 days to end on 5 April 1753 instead of on 25 March. |
<Top of Page> |
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| Levels and bases of, and reliefs
from taxation are subject to change. |
The editorial here does not constitute personal advice.
It reflects Bernas Coni Warren's understanding of current law and tax
practice, and is without prejudice.
No liability shall attach.
Errors & Omissions Excepted.
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| © Copyright Bernas Coni Warren |
www.BernasConiWarren.com
01275
83 73 03
7 School Close, Whitchurch,
Bristol, BS14 0DU |
Bernas Coni Warren is an appointed
representative of Sesame Ltd, which is authorised and regulated by the
Financial Services Authority.
Sesame is entered on
the FSA Register
under reference 150427. |
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