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Dec 2008 Hawk Limited Corporate Capital Gain on shares – identification of share

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA TX-UK Exams › Dec 2008 Hawk Limited Corporate Capital Gain on shares – identification of share

  • This topic has 6 replies, 3 voices, and was last updated 9 years ago by lakshmana iyer krishnan.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • November 9, 2015 at 9:04 am #281240
    lakshmana iyer krishnan
    Member
    • Topics: 14
    • Replies: 46
    • ☆☆

    Part of the CG question is as below
    On 29 August 2007 5,000 £1 ordinary shares in Albatross plc were sold for £42,500. Hawk Ltd had purchased 6,000 shares in Albatross plc on 1 August 2007 for £18,600, and purchased a further 2,000 shares on 17 August 2007 for £9,400.

    The answer shows that cost of the shares = 28000/8000 x 5000 = 17500 and hence CG = 42.5 -17.5 = 25K.

    As you can see cost is found by taking teh average pooled cost.
    My doubt is for the purpose of fixing cost of shares sold, why is the share sold directly not identified first toward the purchase on 1/08/2007, which is within one month.
    What is the rule in this regard. Is the FIFO required only if you claim indexation?

    November 9, 2015 at 10:07 pm #281336
    Ema
    Member
    • Topics: 73
    • Replies: 107
    • ☆☆

    Actually for the company Matching rule is:
    1.shares acquired on the same day( on the day of sale)
    2. shares acquired during the nine days before the sale(FIFO basis)
    3. Shares in the share pool

    The rule of shares acquired during the 30 days before the sale is for individual not for company.

    November 10, 2015 at 4:47 am #281377
    lakshmana iyer krishnan
    Member
    • Topics: 14
    • Replies: 46
    • ☆☆

    Dear Ema,
    Thanks for your feedback. But it appears to me that you are not correct. The 30 day rule is applicabe to companies. Kindly see the ACCA article which says so.
    https://www.accaglobal.com/ca/en/technical-activities/technical-resources-search/2014/december/share-matching-rules.html
    Since I got confused and exam is nearing, I posted the doubt here.
    Regards
    Krishnan

    The rules are as below. “What are the rules? The capital gains tax regime underwent a substantial revamp in 2008 and the share identification rules formed part of the reforms. The rules are therefore different for disposals occurring on or after 6 April 2008 than they were previously. This article just looks at the rules as they have applied since 6 April 2008.

    Disposals of shares on or after 6 April 2008 are to be identified with acquisitions by the same person of shares of the same class in the same company in the following order:

    acquisitions on the same day as the disposal;
    acquisitions within 30 days after the day of disposal (thus countering ‘bed and breakfasting’);
    shares comprised in the ‘section 104 holding’ (see below);
    if the shares disposed of are still not exhausted, shares acquired subsequent to the disposal (and beyond the above-mentioned 30-day period).

    November 10, 2015 at 11:07 am #281455
    Ema
    Member
    • Topics: 73
    • Replies: 107
    • ☆☆

    I am studying from Kaplan and it is clearly mentioned there that Matching rules for shares disposed of by companies are different from those for an individual.
    And the rules I mentioned above are then stated.
    Now I am also confused after reading out that article. I hope Sir will Clear this concept soon.

    November 10, 2015 at 4:04 pm #281530
    lakshmana iyer krishnan
    Member
    • Topics: 14
    • Replies: 46
    • ☆☆

    Thanks a lot for joining the discussion. Kaplan should be right.

    Page 118 of Open tuition note says as below and it matches with Kaplan. It seems we can ignore the ACCA article, because OT note is updated for Dec’15 exam.

    “3 Share matching rules for companies
    Disposal of shares gives rise to a chargeable gain or allowable loss. It is difcult however to identify which shares are being sold,
    and therefore establish the cost of those shares sold where it is only some of the shareholding being sold and the shares had been
    acquired over a period of time at diferent costs. We need to identify the shares sold by using matching rules as laid down by HMRC
    which, as you may expect, are not exactly the same as the matching rules that we used when dealing with the same problem for
    individuals disposing of shares as we saw back in Chapter 13. Thus the shares sold are deemed disposed of in the following order::
    t shares acquired on same day
    t shares acquired in previous 9 days
    t shares contained within the share pool which is made up of any shares acquired more than 9 days previous.
    The share pool records the number and cost of shares for each acquisition and disposal as it did for individuals but also has to deal
    with the fact that companies are entitled to indexation allowance. Thus whenever shares are purchased or sold a reindexation of
    the indexed cost of the shares in the pool is added to the indexed cost total which is recorded in a separate Indexed Cost column
    of the share pool. Follow the answer to example 2 below to see how the share pool is constructed”

    November 11, 2015 at 9:07 pm #281810
    Tax Tutor
    Member
    • Topics: 2
    • Replies: 3965
    • ☆☆☆☆☆

    Be assured that our OT notes and the Kaplan material are correct! There are different rules for companies as compared to individuals.

    November 12, 2015 at 6:38 am #281863
    lakshmana iyer krishnan
    Member
    • Topics: 14
    • Replies: 46
    • ☆☆

    Thank you so much for the assurance.

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