ACCA TX
ACCA Taxation (TX) Flashcards
AnswerStrategic choiceExplain the model in your own words.
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Question
What are the 3 different categories of Total Income included on
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Answer
What are the 3 different categories of Total Income included on the Income Tax Computation and what is the purpose of this analysis?
Non Savings Income, Savings Income and Dividend Income. The purpose of this analysis is to know the correct rate(s) of tax to apply to each part of the Taxable Income of the taxpayer.
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Question
Name the sources of income included in each category
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Name the sources of income included in each category
Non Savings Income is made up of Employment Income, Trading Income, Pensions and Property Income.
Savings income is interest income and dividend income is of course dividends received from companies.
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What is the basis of assessment for employment income
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What is the basis of assessment for employment income
Employment Income is assessed on the basis of actual amounts received, with the received date being taken as the earlier of the date when the taxpayer became entitled to the income or the date of actual receipt.
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What is the basis of assessment for a continuing source of trading income
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What is the basis of assessment for a continuing source of trading income
Current Year Basis (CYB) where the adjusted trading profit of the business to be assessed in any tax year is that of the Accounting Year ended in the tax year of assessment.
Note – the bases of assessment that apply in the opening years of a new business and the closing years of an old business ceasing to trade must also be learned.
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What is the normal basis of assessment to apply to property income and what option is available to the taxpayer and when is that option compulsory
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What is the normal basis of assessment to apply to property income and what option is available to the taxpayer and when is that option compulsory
A cash basis - a taxpayer may choose to use the accruals basis but must use the accruals basis where property income receipts exceed £150,000.
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What basis of assessment applies to interest income
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What basis of assessment applies to interest income
Actual amounts received in the tax year.
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What basis of assessment applies to dividend income.
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What basis of assessment applies to dividend income.
Actual amounts received in the tax year.
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What deductions are made from Total Income to compute Net Income
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What deductions are made from Total Income to compute Net Income
Allowable loan interest payments and certain loss reliefs
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What is the difference between Net Income and Taxable Income
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What is the difference between Net Income and Taxable Income
The Personal Allowance is deducted from Net Income to derive the figure of Taxable Income.
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Question
In what order are the deductions from both Total and Net Income deducted
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In what order are the deductions from both Total and Net Income deducted
The deductions should be made in the following order – from Non Savings income, Savings income and finally Dividend income
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Question
What types of interest income are exempt from Income Tax
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What types of interest income are exempt from Income Tax
Interest income from National Savings & Investment certificates and from an ISA
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Question
In what order are the categories of Taxable Income charged to Income Tax
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In what order are the categories of Taxable Income charged to Income Tax
Non Savings Income, followed by Savings Income and then Dividend Income
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What is the difference between Tax Liability and Tax Payable
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What is the difference between Tax Liability and Tax Payable
Income tax deducted under the PAYE system is deducted from Tax Liability to derive Tax Payable
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Question
How do you calculate the adjusted net income (ANI) of the taxpayer
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How do you calculate the adjusted net income (ANI) of the taxpayer
It is the Net Income of the taxpayer from the Income Tax computation reduced by the gross amount of both personal pension contributions and gift aid payments made by the taxpayer.
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Why is ANI computed
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Why is ANI computed
If ANI exceeds £100,000 then the PA of the taxpayer is reduced by 50% of the excess, such that when ANI exceeds £125,140 the PA is reduced to nil.
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Question
What is the tax treatment of a gift aid payment in preparing the Income Tax computation
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What is the tax treatment of a gift aid payment in preparing the Income Tax computation
A gift aid payment is not included on the Income Tax computation of the taxpayer, but the gross amount of any gift aid payments made in the tax year are deducted in deriving the adjusted net income of the taxpayer and will also serve to extend the basic rate and higher rate bands of tax in the calculation of the Tax Liability of the taxpayer.
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Question
Are pension contributions paid by an individual treated the same way for tax purposes as gift aid payments
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Are pension contributions paid by an individual treated the same way for tax purposes as gift aid payments
Only personal pension contributions are treated the same way as gift aid payments. Payments into an occupational Pension scheme are deducted in computing the amount of employment income to include in the employment income assessment on the Income Tax computation.
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Question
If a husband and wife jointly own a property that is let out
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If a husband and wife jointly own a property that is let out, how is the net property income treated on the income tax computations of the spouses
The 50/50 rule applies and the net property income is split equally between the computations of the spouses. A joint election may however be made by the spouses to split the income according to the actual ownership of the property.
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What is the tax treatment of mortgage (loan) interest paid by a taxpayer
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What is the tax treatment of mortgage (loan) interest paid by a taxpayer on a let property
There is no tax relief for the interest payments against property income. Tax relief is instead given as a tax credit / reduction taken at the 20% basic rate of tax in computing the Tax Liability of the taxpayer – hence a finance expense charge of £3,000 in the 2021/22 tax year will reduce the Tax Liability by £600 (20% x £3,000)
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Question
What conditions must be satisfied for a property to be treated as a furnished holiday letting
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What conditions must be satisfied for a property to be treated as a furnished holiday letting
The lettings must be of UK or European Economic Area furnished accommodation made on a commercial basis with a view to the realisation of profit. In addition the following conditions must also be satisfied:
(a) The accommodation must be available to let for at least 210 days in the tax year.
(b) The accommodation must actually be let for at least 105 days in the year
(c) No one person occupies the property for more than 31 consecutive days. If one or more persons do occupy the property for more than 31 consecutive days then these periods of long letting must not exceed 155 days in the year.
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Question
Explain how the transferrable amount of the PA of £1,250
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Explain how the transferrable amount of the PA of £1,260, given in the Tax Rates and Allowances information provided by the examiner applies and the circumstances in which it is available
An election may be made to transfer a fixed amount of £1,260 of the PA to a spouse or civil partner and is only available when both taxpayers are either just basic rate taxpayers or non taxpayers.
The relief is not given as an increase in the PA of the transferee but as a tax credit to be deducted in deriving the Tax Liability of the transferee taxpayer and is taken at the basic rate of tax 20% - for 2021/22, computed as £1,260 x 20% = £252.
This amount can only reduce the tax liability, it cannot create a repayment.
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In what circumstances would the election to transfer the transferrable amount
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In what circumstances would the election to transfer the transferrable amount of the PA be worthwhile and when must the election be made
The election is only likely to be made when one spouse is a non taxpayer and has an amount of unused PA that would otherwise be wasted and the other spouse is a basic rate taxpayer.
The election must be made within 4 years of the end of the tax year to which it should apply though if made within the tax year concerned the election will remain in force for future years until it is either withdrawn or the conditions are not met.
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Describe what tax relief would be available if a trader paid
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Describe what tax relief would be available if a trader paid a premium when granted an 11 year lease on business premises.
An annual deduction against trading income would be available in relation the premium paid, computed as the property income assessment on the lessor divided by the number of years of the lease. The rental payable in each accounting period would also be an allowable deduction against trading income.
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Question
Describe what capital allowances would be available if an unincorporated trader
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Describe what capital allowances would be available if an unincorporated trader commenced trading and bought 2 cars in the opening accounting period of 9 months, one to be used by an employee of the business and the other to be used by the business owner with both cars having a mix of business and private use
Depending on the CO2 emissions of the car used by the employee, it will be allocated to either the main pool or special rate pool and a WDA of either 18% pa or 6% pa will be available – as these allowances are per annum the annual figure will be time apportioned to 9/12 of the annual amount irrespective of the date within the period when it was purchased.
The car purchased for the business owner will have its own separate CA calculation with a WDA computed as above based on the CO2 emissions. The claim will then be limited to the level of business use.
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An unincorporated trader has always been profitable and prepared accounts to 31 December
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An unincorporated trader has always been profitable and prepared accounts to 31 December in each year, but for the accounting year ended 31 December 2022 incurred an adjusted trading loss of £30,000. Explain the tax reliefs available to the trader in relation to the loss sustained
Set off the loss against the total income of the current tax year (2022/23), and or the preceding tax year (2021/22) – no partial claims allowed.
If a claim has firstly been made against the total income of a tax year and some loss still remains, then for that tax year a claim may also be made against the net gains of that tax year
Any loss not utilised in the reliefs above will be carried forward to set off against the next available future trading profits of the same trade.
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Question
How should the adjusted trading profit or loss of a partnership be divided
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How should the adjusted trading profit or loss of a partnership be divided between the partners of a partnership.
According to the profit sharing agreement in force during the accounting period in which the trading profit or loss was made.
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How should each partner’s share of adjusted trading profit then be assessed on the partners.
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How should each partner’s share of adjusted trading profit then be assessed on the partners.
If a partner is a continuing partner then the normal CYB of assessment will apply.
If a new partner joins the partnership then the opening years bases of assessment will apply for that partner using the date the partner joined the partnership as his / her start date.
If a partner leaves the partnership then the closing years bases of assessment will apply for that partner using the date the partner leaves the partnership as his / her cessation date.
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Question
If an employee has the use of job related accommodation what assessable benefit arises in relation to the property
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If an employee has the use of job related accommodation what assessable benefit arises in relation to the property
There is no taxable benefit if the accommodation is job-related
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What is job related accommodation
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What is job related accommodation
Where the accommodation is necessary for the proper performance of the employee’s duties (e.g. a caretaker); or
It is for the better performance of the employee’s duties and (for that type of employment) it is customary for employers to provide living accommodation (e.g. hotel-worker); or
Where there is a special threat to the employee’s security and he resides in the accommodation as part of special security arrangements
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What information about a car is needed to be able to determine the assessable benefit
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What information about a car is needed to be able to determine the assessable benefit on the employee when the car is provided to them by the employer
In computing the assessable benefit for each car it is necessary to know the level of CO2 emissions, if any, whether the car is petrol or diesel powered, the electric range of a hybrid car and the list price of the car.
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What reduction is made to the assessable fuel benefit if the employee contributes towards the cost of fuel for private use.
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What reduction is made to the assessable fuel benefit if the employee contributes towards the cost of fuel for private use.
No reduction is made if the employee contributes towards the cost of fuel for private use. If an employee fully reimburses the employer for all private mileage then no assessable benefit will arise
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If an employee is provided by an employer with the use of an asset
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If an employee is provided by an employer with the use of an asset for which no specific rule already applies (like the specific rules for the use of a car or van) then what generic rule is applied to determine the assessable benefit
20% × market value of the asset when first provided for the private use of an employee
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Question
What categories of NIC are payable by the self employed
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What categories of NIC are payable by the self employed
Class 2 and Class 4 NIC
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What categories of NIC are suffered by an employee
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What categories of NIC are suffered by an employee
Class 1 Employee / Primary contributions
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What categories of NIC are suffered by employers
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What categories of NIC are suffered by employers
Class 1 Employer / Secondary contributions and Class 1A contributions
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Question
In what circumstances will an Annual Allowance (AA) Charge arise on a personal taxpayer
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In what circumstances will an Annual Allowance (AA) Charge arise on a personal taxpayer
Where tax relieved contributions are paid in excess of the AA limit (including any brought forward unused allowances), then there will be an AA charge. This charge is subject to income tax at a person’s marginal rate(s).
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In what circumstances must a chargeable gain be computed
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In what circumstances must a chargeable gain be computed
A chargeable gain arises when a chargeable person makes a chargeable disposal of a chargeable asset.
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What makes a company UK resident
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What makes a company UK resident
A company is UK resident if it is either,
(a) Incorporated in UK or
(b) Centrally managed and controlled from UK
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What are the consequences of a company being treated as UK resident
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What are the consequences of a company being treated as UK resident
A UK resident company is chargeable to UK corporation tax on its worldwide income and gains
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What is a company’s period of account
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What is a company’s period of account
The period for which the company prepares its financial statements. This is normally a period of 12 months but may be either shorter or longer than 12 months
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Question
What is a financial year in corporation tax and what is its purpose
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What is a financial year in corporation tax and what is its purpose
A Financial Year (FY) runs from 1 April to 31 March and is denoted by reference to the year in which it starts, hence FY 2020 runs from 1 April 2020 to 31 March 2021 and for which period the rate of corporation tax is set.
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For what period is a corporation tax computation prepared
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For what period is a corporation tax computation prepared
A corporation tax computation is prepared for the Accounting Period of the company – this usually the same as the period of account but it cannot exceed 12 months, hence a long period of account (more than 12 months) must be split into two Accounting Periods, with corporation tax computations being prepared for firstly a 12 month period and then a second computation for the remaining period. Hence a 16 month period of account will require 2 corporation tax computations to be prepared, firstly for a 12 month period, followed by a separate computation for a 4 month period.
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If a company is not large by when must it pay its corporation tax
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If a company is not large by when must it pay its corporation tax
A company must pay its corporation tax within 9 months and one day of the end of the Accounting Period
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How does a large company pay its corporation tax
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How does a large company pay its corporation tax
If a company was large in the previous Accounting Period (AP) and estimates that its “profits” will be large for the current period, then it is required to make quarterly instalment payments based on the estimated corporation tax liability of the period, the first such quarterly payment being made by the 14th day of the 7th month from the start of the AP
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How do you determine if a company is large
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How do you determine if a company is large
A large company is a company whose “profits” exceed £1.5M. “Profits” are defined as the TTP of the company plus dividends received (excluding dividends from related 51% group companies).
The limit of £1.5M is used for a single company with a 12 month AP. It is therefore divided by the number of related 51% group companies at the end of the immediately preceding accounting period and must also be time apportioned for an AP of less than 12 months.
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When does an accounting period start
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When does an accounting period start
An AP will normally start immediately after the end of the preceding AP. An AP will also start when a company commences to trade.
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When does an accounting period end
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When does an accounting period end
An AP will normally end twelve months after the beginning of the period or at the end of a company’s period of account. An AP will also end when a company ceases to trade.
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Question
What is included in the computation of “Total Profits” on the corporation tax computation
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What is included in the computation of “Total Profits” on the corporation tax computation
A company must include its worldwide income and gains. The main sources of income will be trading income, property income and interest income (remember that dividend income received by a company is exempt from corporation tax).
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What is the difference between “Total Profits” and “Taxable Total Profits”
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What is the difference between “Total Profits” and “Taxable Total Profits”
Qualifying charitable donations are deducted from Total Profits to derive Taxable Total Profits
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Question
In the adjustment of trading profit for a company what is the treatment of motor expenses
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In the adjustment of trading profit for a company what is the treatment of motor expenses paid by the company in respect of a car provided by the company for the managing director of the company who is also the owner of 100% of the shares in the company. The managing director used the car for 60% business use and 40% private use
Motor expenses incurred by a company in respect of a car made available for both business and private use of an employee are a fully allowable expense for the company without reference to any private use by the employee.
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What is the tax treatment of loan interest payable on a loan taken out by a company
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What is the tax treatment of loan interest payable on a loan taken out by a company to acquire shares in a subsidiary company
A loan taken out by a company to purchase shares in another company is a non trading loan. The interest payable will therefore be disallowed in deriving the adjusted trading profit of the company, but will instead be a fully allowable deduction against the interest income of the company.
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If a car is provided by a company for the business and private use of the owner manager of
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If a car is provided by a company for the business and private use of the owner manager of the company, what tax relief is available to the company for the cost of the car when bought
The company will claim capital allowances on the cost of the car, the amount of which will be determined by the level of CO2 emissions of the car. The capital allowances will then be available in full to the company as there are no private use adjustments in corporation tax in either capital allowances or the adjustment of trading profit.
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What tax relief, if any, is available to a company when it buys business premises
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What tax relief, if any, is available to a company when it buys business premises
A company will only be able to claim Structures and Buildings Allowance (SBA) on the cost of buying a new building which will be at the rate of 3% per annum.
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For corporation tax purposes what happens when a company changes its accounting date by preparing accounts for a 15 month period
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For corporation tax purposes what happens when a company changes its accounting date by preparing accounts for a 15 month period
If a company has a period of account of 15 months it will be required to prepare 2 corporation tax computations for the 2 accounting periods that arise, the first for a 12 month period and the second for the remaining 3 month period.
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Question
If a company incurs a trading loss for an accounting period,
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If a company incurs a trading loss for an accounting period, in what order would it relieve that loss if it wished to claim relief at the earliest available opportunity
The company must firstly claim relief against the Total Profits of the current period (the period of loss) and only then is it able to make a carry back claim against the Total Profits of the preceding 12 months of trading. Any remaining loss will be carried forward to set off against the future Total Profits of the company.
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Question
Can a company choose to use only part of a loss when making a claim
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Can a company choose to use only part of a loss when making a claim
No partial claims may be made against Total Profits in either a current period or carry back claim. Partial claims will however be available in respect of any carry forward claims.
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Question
Can a company ever carry back a loss for more than 12 months
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Can a company ever carry back a loss for more than 12 months
A loss sustained in the last 12 months of trading will benefit from terminal loss relief, which allows such a loss to be carried back for a period of 36 months from the beginning of the accounting period of loss. This relief is again deducted from Total Profits and is applied against the preceding periods on a LIFO basis.
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Question
How can a company use a capital loss
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How can a company use a capital loss
Capital losses cannot be set off against income, so any net capital loss of an accounting period may only be carried forward to set off against future net gains of a period
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Question
Explain the tax issues that arise if both subsidiaries incur trading losses in the current period
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A company has 2 subsidiary companies, one wholly owned and the other 60% owned.
Explain the tax issues that arise if both subsidiaries incur trading losses in the current period
Group relief of losses is only available in a 75% group so relief will only be available within the parent company for the loss sustained by the wholly owned subsidiary company. The loss made by the 60% owned subsidiary will only be usable in the normal way against the profits of that company.
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A company has 2 subsidiary companies, one wholly owned and the other 60% owned.
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A company has 2 subsidiary companies, one wholly owned and the other 60% owned.
Explain the tax issues that arise if the parent company buys plant and machinery at a cost of £600,000
For capital allowance purposes all 3 companies are in the group which means that the AIA limit of £1m will be split between the group companies in any proportion it chooses. The parent company may decide therefore where to use the available AIA if such qualifying expenditure should exceed the £1m limit, so it may choose here to use £600,000 of the available AIA limit in the parent company to claim a full 100% allowance on the qualifying capital expenditure incurred.
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Explain the tax issues that arise if the parent company incurs a capital loss while both subsidiaries realise chargeable gains in the current period
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A company has 2 subsidiary companies, one wholly owned and the other 60% owned.
Explain the tax issues that arise if the parent company incurs a capital loss while both subsidiaries realise chargeable gains in the current period
The parent company is only in a chargeable gains group with its 75% owned subsidiaries, hence here only with its wholly owned subsidiary. A claim may therefore be made to deem any part of the loss made by the parent company to have been made by the wholly owned subsidiary, or deem that any part of the gain made by that subsidiary has been made by the parent company, thus allowing for the gains and losses of the 2 companies to be set off.
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If company A owns 80% of company V, which in turn owns 80% of company FC,
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If company A owns 80% of company V, which in turn owns 80% of company FC, then which companies may claim group relief
For group relief purposes an effective 75% holding must exist between a parent company and both a direct and indirect subsidiary company, therefore company A can group relieve with company V and company FC can group relieve with company V, but company A and company FC cannot claim group relief between them as 80% of 80% does not give the required effective 75% holding.
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If company A owns 75% of company V, which in turn owns 75% of company FC,
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If company A owns 75% of company V, which in turn owns 75% of company FC, then which companies are in the same chargeable gains group
For chargeable gains group membership each direct holding must be at least 75% but the effective holding to an indirect subsidiary need only be 51%, therefore all companies are in the same chargeable gains group.
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Question
How does the calculation of a chargeable gain for a company differ from how a gain is computed for an individual
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How does the calculation of a chargeable gain for a company differ from how a gain is computed for an individual
Companies get a deduction for indexation allowance in computing a chargeable gain if the asset was purchased before December 2017, but the allowance is only available to December 2017
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If a net capital loss arises on disposals made by a single company in an accounting period, what happens to the net capital loss
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If a net capital loss arises on disposals made by a single company in an accounting period, what happens to the net capital loss
A net capital loss sustained by a single company may only be carried forward to set off against future net gains
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Question
When a company disposes of shares in another company what is the order in which the shares sold are matched with acquisitions.
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When a company disposes of shares in another company what is the order in which the shares sold are matched with acquisitions.
The shares sold are deemed disposed of in the following order:
• shares acquired on same day
• shares acquired in previous 9 days
• shares contained within the share pool which is made up of any shares acquired more than 9 days previous.
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Question
What difference arises in the tax treatment of shares acquired by a company in the form of a bonus issue and a rights issue
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What difference arises in the tax treatment of shares acquired by a company in the form of a bonus issue and a rights issue
Shares acquired through a rights issue incur a cost whereas no cost is incurred by a company when shares are acquired via a bonus issue. Therefore on a rights issue there must be a reindexation of the share pool before adding in the new shares acquired.
There is no reindexation of the share pool when shares are acquired via a bonus issue as no additional share cost is incurred.
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Question
For VAT purposes what types of supply may be made by a trader
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For VAT purposes what types of supply may be made by a trader
A trader may make taxable supplies, exempt supplies or some may be outside the scope of VAT. Taxable supplies may be either standard rated or zero rated
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What is the difference between making zero rated supplies and exempt supplies
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What is the difference between making zero rated supplies and exempt supplies?
A trader making zero rated supplies may register for VAT and is therefore able to recover any input VAT incurred on purchases and expenses. If a trader only makes exempt supplies it cannot register for VAT and therefore cannot recover any input VAT on such costs.
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Question
Based on past turnover in what circumstances must a trader compulsorily register for VAT
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Based on past turnover in what circumstances must a trader compulsorily register for VAT
A trader making taxable supplies must register for VAT if during the previous 12 months the value of taxable supplies exceeded £85,000. However, VAT registration is not required if taxable supplies in the following 12 months will not exceed £83,000. These figures are exclusive of VAT.
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Question
Based on past turnover by what date must a company notify HMRC of its requirement to register for VAT and from when will it be registered
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Based on past turnover by what date must a company notify HMRC of its requirement to register for VAT and from when will it be registered
HMRC must be notified within 30 days after the end of the period when taxable supplies exceeded £85,000 during the previous 12 months and the trader will be registered from the first day of the 2nd month after the limit was exceeded
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Question
Based on future turnover in what circumstances must a trader compulsorily register for VAT
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Based on future turnover in what circumstances must a trader compulsorily register for VAT
A trader must register for VAT if taxable supplies will exceed £85,000 during the following 30 days
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Based on future turnover by what date must a company notify HMRC of its requirement to register for VAT and from when will it be registered
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Based on future turnover by what date must a company notify HMRC of its requirement to register for VAT and from when will it be registered
HMRC must be notified by the end of the 30 day period in which taxable supplies will exceed £85,000 and the trader will be registered from the beginning of the 30 day period.
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Why might a trader voluntarily register for VAT
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Why might a trader voluntarily register for VAT
A trader registering for VAT and then making taxable supplies is able to recover the input VAT incurred on its costs and will not suffer a loss in sales due to higher prices if either it makes zero rated sales or if its customers are themselves VAT registered.
A trader may also choose to register for VAT if its sales are approaching the compulsory VAT registration limit so as to avoid any penalties that may arise if it were to miss the compulsory registration date.
It may also be used by a small business to appear larger in order to attract more customers.
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Question
In what circumstances can input VAT incurred prior to VAT registration be recovered by a trader
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Answer
In what circumstances can input VAT incurred prior to VAT registration be recovered by a trader
On inventory & non-current assets acquired for business purposes within four years of registration and not sold or consumed prior to registration.
Services must be supplied for business purposes and were not supplied more than six months prior to registration.
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In what circumstances must a trader deregister
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In what circumstances must a trader deregister
A trader must deregister if the business ceases to make taxable supplies. (A trader may choose to deregister if the level of taxable supplies in the next 12 months will fall below the deregistration limit of £83,000 (VAT exclusive))
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In what circumstances would a disposal of the assets and trade of a business be outside the scope of VAT
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In what circumstances would a disposal of the assets and trade of a business be outside the scope of VAT
If it satisfies the conditions for being the transfer of a business as a going concern
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In relation to the supply of goods or services, what is the significance of the tax point
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In relation to the supply of goods or services, what is the significance of the tax point
The tax point date determines in which VAT return period a transaction is to be allocated
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What date will determine the tax point
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What date will determine the tax point
The basic tax point is the date goods are made available to the customer or a service completed.
If an invoice is issued or payment received before the basic tax point, then this becomes the actual tax point.
If an invoice is issued within 14 days of the basic tax point, the invoice date will usually become the actual tax point unless an earlier date applies according to the rules above.
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Is output tax charged on the sales figure before or after deducting a prompt payment discount
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Is output tax charged on the sales figure before or after deducting a prompt payment discount
VAT is chargeable on the actual amount received where a discount is offered for prompt payment. If the discount is not taken the VAT is charged on the full sale price and if the discount is taken then the VAT is based on the discounted price
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Question
Is relief available for the output tax on a sale when the amount of the debt cannot be collected
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Is relief available for the output tax on a sale when the amount of the debt cannot be collected
Relief for irrecoverable (impaired) debts is only available if the output VAT has been accounted for and paid and debt is over six months old as measured from the time that payment was due. The relief is claimed as input VAT on the VAT return
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For what periods of time may a VAT return be submitted
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For what periods of time may a VAT return be submitted
VAT returns are usually submitted on a quarterly basis, but may be submitted on a monthly basis if the trader so chooses, or if eligible for the annual accounting scheme may be submitted on an annual basis
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In what circumstances may a trader apply the cash accounting scheme
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In what circumstances may a trader apply the cash accounting scheme
A trader will be able to operate the cash accounting scheme provided its expected taxable turnover for the next 12 months does not exceed £1,350,000 and may stay in the scheme until annual taxable turnover reaches £1,600,000
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In what circumstances may a trader apply the annual accounting scheme
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In what circumstances may a trader apply the annual accounting scheme
A trader can apply to use the annual accounting scheme provided its expected taxable turnover for the next 12 months does not exceed £1,350,000 and the company must be up-to-date with its VAT returns and payments.
A trader may stay in the scheme until annual taxable turnover reaches £1,600,000
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What is the VAT treatment of sales of goods made to customers resident overseas
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What is the VAT treatment of sales of goods made to customers resident overseas
Sales made to customers resident anywhere outside the UK will be zero rated.
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Question
Explain how to deal with the CGT implications of a gift made by an individual of a chargeable asset
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A gain must be computed based on the open market value of the asset at the date of disposal. The gain arising may then be deferred from immediate chargeability by a claim for gift relief if the asset / gift qualifies for gift relief.
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If an individual has a mix of both gains and losses arising
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If an individual has a mix of both gains and losses arising in a tax year and also has unused capital losses brought forward from the previous tax year, show how the taxable gains for the current tax year would be computed.
The gains and losses of the current tax year must be netted off, from which net gains the AEA will then firstly be deducted, followed by the deduction of the capital losses brought forward.
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Question
In what circumstances does a chargeable disposal arise for an individual
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In what circumstances does a chargeable disposal arise for an individual
A chargeable disposal arises on the sale of, the gift of, or the destruction or loss of a chargeable asset.
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Question
What tax rates may apply to an individuals’ taxable gains
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What tax rates may apply to an individuals’ taxable gains
Assets qualifying for business asset disposal relief will always be taxed at 10% up to a maximum lifetime limit of £1m.
Shares qualifying for investors’ relief will also be taxed at 10% but up to a maximum lifetime limit of £10m
Residential property gains will be taxed at either 18% or 28%
Gains on any other assets will be taxed at either 10% or 20%
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Capital losses and AEA are deducted from the gains made by a taxpayer in the tax year
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Capital losses and AEA are deducted from the gains made by a taxpayer in the tax year.
In what order will these deductions be applied to ensure their optimal use.
Deductions are made firstly against those gains taxable at the highest tax rates
They will therefore be deducted from gains in the following order:
(1) Gains on residential property (taxed at 18% and 28%)
(2) Gains on other assets (taxed at 10% and 20%), and finally
(3) Gains on assets qualifying for business asset disposal relief or investors’ relief taxed at 10%
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By what date must the CGT liability for the 2021/22 tax year be paid assuming no disposals of residential property
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By what date must the CGT liability for the 2021/22 tax year be paid assuming no disposals of residential property
CGT is due in one amount on 31 January following the end of the tax year (for 2021/22 by 31 January 2023)
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Question
When must a payment on account be made on the disposal of a residential property
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When must a payment on account be made on the disposal of a residential property
A payment on account, along with a return to HMRC, must be made within 30 days of the disposal of a residential property
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How is the payment on account calculated
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How is the payment on account calculated
In computing the payment on account the following deductions should be made from the gain:
• Any current tax year capital losses incurred prior to the property disposal
• The AEA of the tax year
• Any capital losses b/f at the start of the tax year
It will also require an estimate of how much, if any, of the taxpayer’s basic rate band will be available for the tax year – this information will be provided in the exam.
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Assuming a taxpayer made no disposals of residential property or assets qualifying for either
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Answer
Assuming a taxpayer made no disposals of residential property or assets qualifying for either business asset disposal relief or investors’ relief, how is the CGT liability calculated on the taxable gains
Based on the taxpayers’ taxable income from their Income Tax Computation a CGT rate of 10% is applied on those taxable gains that fall into any remaining basic rate band (or extended basic rate band if the person makes gift aid donations or pays personal pension contributions).
After considering a persons’ taxable income, a CGT rate of 20% is then applied on those gains in excess of the remaining basic rate band (or extended basic rate band).
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If an individual sells a chargeable asset to his daughter for half of its market value of
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Answer
If an individual sells a chargeable asset to his daughter for half of its market value of £100,000, what disposal consideration if any should be used to compute any chargeable gain arising
For CGT purposes the asset is transferred at its open market value of £100,000.
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On what basis are chargeable assets transferred between spouses or civil partners
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On what basis are chargeable assets transferred between spouses or civil partners
On a no gain / no loss basis which means at the transferor’s cost.
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Question
If a taxpayer disposes of 25% of a plot of land originally purchased at a total cost of
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If a taxpayer disposes of 25% of a plot of land originally purchased at a total cost of £120,000, how do you calculate the allowable cost to be used in the calculation of any chargeable gain arising
The allowable cost will be computed by taking the following proportion of the original total allowable cost of the plot of land:
Sale Proceeds / Sale Proceeds + Value of remaining part of land
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How would you compute a chargeable gain arising on a disposal of a painting for sale proceeds of £7,500
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How would you compute a chargeable gain arising on a disposal of a painting for sale proceeds of £7,500
A painting is a chattel and if the cost of the painting was less than £6,000, then in addition to the normal gains computation a maximum gain figure would also be computed using the following calculation:
(sale proceeds - £6,000) x 5/3
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Question
When an individual disposes of shares in a company what is the order in which the shares sold are matched with acquisitions.
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Answer
When an individual disposes of shares in a company what is the order in which the shares sold are matched with acquisitions.
When shares in a company are disposed of, they are matched against acquisitions of shares in that company in the following order:
• Shares acquired on the same day (as the sale)
• Shares acquired within the 30 days following the sale
• Shares from the share pool
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Question
When an individual sells shares in a company what conditions need to be satisfied for the sale to qualify for business asset disposal relief
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When an individual sells shares in a company what conditions need to be satisfied for the sale to qualify for business asset disposal relief
The disposal of shares must be in a trading company where the individual has at least a 5% shareholding in the company and is also an employee (part time or full time) of the company for the 24 months prior to disposal.
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When an individual sells shares in a company what conditions need to be satisfied for the sale to qualify for investors’ relief
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When an individual sells shares in a company what conditions need to be satisfied for the sale to qualify for investors’ relief
Qualifying shares must have been subscribed for by the individual on or after 17 March 2016 in an unquoted trading company and held for a minimum period of 3 years since 6 April 2016.
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Question
When land and buildings are sold at a gain by a business what conditions must be satisfied for the gain to be fully deferred by a claim for rollover relief
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When land and buildings are sold at a gain by a business what conditions must be satisfied for the gain to be fully deferred by a claim for rollover relief
The land and buildings sold must have been used in the business and the full sale proceeds must be reinvested in another qualifying business asset. The replacement asset must be bought in the period 12 months before to 36 months after the disposal of the old asset.
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How is the gain deferred on a claim for rollover relief
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How is the gain deferred on a claim for rollover relief
The gain is deferred by deducting it from the cost of the newly acquired replacement asset which results in a larger gain then arising on the eventual sale of the replacement asset.
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What would happen if the replacement asset was fixed plant and machinery to be used in the trade
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What would happen if the replacement asset was fixed plant and machinery to be used in the trade
The new asset is a depreciating asset. The gain deferred is not deducted from the cost of the new asset but is instead postponed until the earliest of:
•disposal of the new asset
•the date the new asset ceases to be used in the trade
• 10 years after the new asset was acquired.
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Question
What assets qualify for gift relief when an individual makes a gift of that asset
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What assets qualify for gift relief when an individual makes a gift of that asset
Gift relief may be claimed on the gift of the following assets:
Business assets used in the trade of:
- the donor
- the donor’s personal company (owns at least 5%)
- Shares and securities of trading companies provided that one of the following conditions apply:
- the shares or securities are not quoted on a recognised stock exchange, or
- the shares or securities gifted are those of the individual’s personal company
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Question
When an individual sells his / her private residence, what periods of non-occupation of the
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Answer
When an individual sells his / her private residence, what periods of non-occupation of the property will be treated as deemed occupation for purposes of private residence relief
The following periods of absence are deemed to be full occupation:
(a) Last 9 months - if the property was the individuals main residence at some point in time
(b) Any periods during which the individual was required by his employment to live abroad
(c) Any period up to four years during which the individual is required to live elsewhere in the UK due to employment or self employment
(d) Up to three years for any reason.
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Question
In what circumstances will IHT become chargeable
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In what circumstances will IHT become chargeable
IHT will become chargeable in lifetime if an individual makes a chargeable lifetime transfer ie a transfer of value into a trust, and on death when lifetime transfers made within 7 years of the date of death become chargeable along with the chargeable estate.
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Question
How do you compute a transfer of value
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How do you compute a transfer of value
A transfer of value is a gift made by an individual and is calculated as the loss to the estate of the donor – the difference in the value of the estate before the transfer and after the transfer.
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Question
What rates of IHT may be chargeable on the death estate
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What rates of IHT may be chargeable on the death estate
If the lifetime transfers made in the 7 years before the date of death do not exceed the nil rate band, then the remaining amount of the nil rate band will be available and may have been increased by any unused nil rate band transferred to the individual following the earlier death of a spouse or civil partner.
The residence nil rate band is also available where a “main” residence is held within the death estate and is inherited by direct descendants (children / grandchildren).
The remainder of the estate will be chargeable at a rate of 40%.
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Question
In what circumstances can an IHT charge of 40% made on a lifetime transfer made within 7
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Answer
In what circumstances can an IHT charge of 40% made on a lifetime transfer made within 7 years of the death of the taxpayer be reduced
If a lifetime transfer chargeable on death is more than 3 years before the date of death of the taxpayer, any tax charge will be reduced by taper relief.
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Question
What rate of tax above the nil rate band is chargeable on a transfer of value made in lifetime into a discretionary trust and who pays the tax where n
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Answer
What rate of tax above the nil rate band is chargeable on a transfer of value made in lifetime into a discretionary trust and who pays the tax where no election has made by the trustees
If no election has been made by the trustees to pay any IHT chargeable out of the trust, then the donor will be liable to pay the IHT and the IHT will be computed at a rate of 25% on the excess of the chargeable transfer above the available nil rate band.
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Question
What exemptions may be deducted from a lifetime transfer of value in computing the chargeable transfer figure
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Answer
What exemptions may be deducted from a lifetime transfer of value in computing the chargeable transfer figure
Annual exemptions and Marriage exemptions
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What other exemptions are available to fully exempt a lifetime transfer
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Answer
What other exemptions are available to fully exempt a lifetime transfer
In addition to the spouse / civil partner exemption available against both lifetime transfers and transfers on death, the following specific exemptions will apply against lifetime transfers:
• Small gifts
• Gifts for family maintenance
• Normal expenditure out of income
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Question
What are the CGT implications of a taxpayer making a gift in lifetime to his daughter
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What are the CGT implications of a taxpayer making a gift in lifetime to his daughter of half of his 60% shareholding in the unquoted trading company in which he has worked for several years.
There will be an immediate CGT implication as the gift represents a chargeable disposal of a chargeable asset by a chargeable person and a gain must be computed based on the open market value of the 30% of shares being gifted.
The gift will then be eligible for a gift relief claim, but if gift relief is not claimed or does not cover the full gain, any gain remaining chargeable may be eligible for business asset disposal relief
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What are the IHT implications of the above transfer
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What are the IHT implications of the above transfer
For IHT purposes the transfer will be a PET and computed as the difference in value between a 60% shareholding and a 30% shareholding. If the transferor dies within 7 years of this transfer it will become chargeable, but if the transferor lives for at least 3 years then any IHT chargeable will be reduced by the available taper relief
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