The following Personal Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
A charge to capital gains tax arises when a chargeable person makes a chargeable disposal of a chargeable asset. The disposal may produce a taxable profit (known as a gain) or an allowable loss. These terms are discussed in the Introduction to capital gains tax guidance note.
See Checklist ― calculation of capital gains and losses for issues to consider when reporting client gains and losses.
This guidance note covers the general rules used to calculate whether an individual has made a gain or loss on the chargeable disposal of a chargeable asset. For details of how to calculate gains and losses on disposals made by companies, see the Calculation of corporate capital gains guidance note.
Changes were introduced in FA 2008 to simplify the way in which gains are calculated for non-corporates (ie individuals and trustees) from 2008/09 onwards. The previous rules are not discussed here.
The standard proforma for calculating the chargeable gain on the disposal of chargeable assets from 6 April 2008 onwards is a basic calculation of the cash profit:
See Proforma 1 ― standard capital gains tax proforma.
There are some exceptions to this proforma such as:
gifts of assets
assets transferred between spouses or civil partners (see the Inter-spouse transfer guidance note)
The first two bullet points are discussed below.
Examples of the costs of sale include legal fees, valuation fees, estate agency fees, auction fees and any costs of advertising for sale.
The costs of acquisition include the purchase price or deemed purchase price (unless the asset was acquired before 31 March 1982, see below) and the incidental costs of acquisition (eg legal fees, survey fees, stamp duty land tax). For a discussion of the costs of acquisition where assets have been merged or divided, see CG15230.
Enhancement expenditure is (i) capital expenditure which (ii)
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
IntroductionUK tax must be withheld on UK payments including:•interest•royalties•rental incomeWithholding tax may be reduced under double tax treaties (DTT) or European directives, both of which may be subject to making a formal claim.This guidance note outlines the rules for UK withholding tax, and
This guidance note explains the general rules surrounding the availability of indexation allowance on the disposal of company assets and provides information on the rebasing rules for assets held on 31 March 1982. For an overview of the general position regarding company disposals, please refer to
The corporate interest restriction (CIR) essentially limits the amount of interest expense a company can deduct from its taxable profits if the interest expense is over £2 million. The actual mechanics of the CIR calculation are highly complex (the legislation is over 150 pages long) and are
This guidance note provides an overview of the steps businesses need to take if aspects of their business change, and as a result, they need to notify HMRC about the change.Changes to name and / or addressIf a business changes its name and / or its address then it is required to notify HMRC of the
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.