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How to get the most from Capital Gains Tax exemption for 2010-11
2010-11 tax year is divided into two for Capital Gains Tax (CGT) purposes. All gains made before 22 June 2010 are taxed at 18%, and all gains made after this date are taxed at 28% (if you are a higher rate taxpayer). There is also a 10% ER (enterpreneurs’ relief) when you sale your business.
If you made capital gains before and after 22 June 2010 it is very important to allocate your annual exemption to the right gain.
Good news! – You can choose to allocate your annual exemption to either gains. This is also applicable to losses. Best, if you have gains from after 22 June, deduct your annual exemption, then take off any capital losses. Should there be any annual exemption left over, allocate it against the gains made before 23 June.
Let’s see how this works in practice following an example scenario:
John sold his business in August 2010, realising a gain of £200.000. For that, he sold not only his business, but also his premises which he had previously been renting out. £100.000 was for the property and another £100.000 was for the business.
The gain on the property must be calculated for the whole period of ownership first. In this example John owned the property for 20 years, and only 10 of those years he was using the property in his business. Therefore 10/20 of 50.000 is taxed at 10%, remainder being taxed at 28%.
Solution: John should deduct his annual exemption from the non ER part, and then apportion it. John now saved more than £2000 in tax.
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