How to go Tax Free
Author
Discussion

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
Hi
Whilst this question is hypothetical, i could be in a postion that could be recieving a large lump of money in the not too distant future. Heres hoping anyway. Now, the last thing i want to do is write a large cheque to Gordon and Alistair for the CGT ( I contribute enough!) and was sounding out the options for the legally avoiding paying the Tax.I am not married and have no kids, so moving country is very appealing also!

For the sake of arguemant and round figures the sum is cicra 1 million.

As far as I can make out, my options are as follows;-

a) take it on the nose, loose the 18%
b) move into a company, buy property as assets, live off the rental return
c) find somewhere to live that allows me to avoid the CGT

Can anyone shed any light on this? or, suggest some more creative ways of avoiding this??

all help appriecated!

Milo

Don

28,378 posts

304 months

Tuesday 2nd February 2010
quotequote all
You want EricMc who I hope will be along shortly.

But you will need paid for professional advice in the end. Trust me - you do not wish to feck with HMRC.

Simpo Two

90,475 posts

285 months

Tuesday 2nd February 2010
quotequote all
CGT? If you're inheriting it would be IHT, or otherwise 'unearned income' I think - defo one for the accountant and/or IFA.

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
no sir!

I really want to make sure if it is done, it is water tight and above board!

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
Simpo Two said:
CGT? If you're inheriting it would be IHT, or otherwise 'unearned income' I think - defo one for the accountant and/or IFA.
not inherited. tried an accountant, he looked blankly at me, need a better one.

however, it is still hypothetical at the minute!

Eric Mc

124,445 posts

285 months

Tuesday 2nd February 2010
quotequote all
What is the nature of the large sum you are receiving?

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
Eric Mc said:
What is the nature of the large sum you are receiving?
gains from share dealing. smile

Simpo Two

90,475 posts

285 months

Tuesday 2nd February 2010
quotequote all
I wondered where all my money had gone spin

Eric Mc

124,445 posts

285 months

Tuesday 2nd February 2010
quotequote all
mylesmcd said:
Eric Mc said:
What is the nature of the large sum you are receiving?
gains from share dealing. smile
Can you spread the gains between two tax years.

Crystalise one gain before 5 April and crystalise the second after 5 April. In that way, you would be able to offset twi annual CGT allowances against each gains.

Do the assets being sold qualify as business assets i.e. are they eligible for the 10% CGT rate rather than 18%?

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
Eric Mc said:
mylesmcd said:
Eric Mc said:
What is the nature of the large sum you are receiving?
gains from share dealing. smile
Can you spread the gains between two tax years.

Crystalise one gain before 5 April and crystalise the second after 5 April. In that way, you would be able to offset twi annual CGT allowances against each gains.

Do the assets being sold qualify as business assets i.e. are they eligible for the 10% CGT rate rather than 18%?
I appriecate the advice!

I could, sell some before the end of this year, and the rest in the next tax year. I own a property marketing company also, which is why I had thought of investing the money in it, buy assets, to live off the rental return. Then live away for a year or two to avoid the Income tax?

in short, I dont think they qualify as business asset rate of CGT?

Eric Mc

124,445 posts

285 months

Tuesday 2nd February 2010
quotequote all
If you sell shares and make a gain but immediately reinvest the gain in some more shares, you should be able to avail of Rollover Relief. This defers the gain until the shares are finally sold for good.

You would need to check out the validity of investing in a company you actually already own - as it might be seen as a non "arms-length" transaction.

If the company generates rental income, it will be subject to Corporation Tax on its rental profits. You will be subject to Income Tax (and possibly NI) on any amounts you personally extract from the company. Obviously, you can mitigate the Income Tax and NI impact of monies drawn from the company by making judicious use of your Director's Loan account and/or Dividends - but there are limits to what you can do in these areas.

Also, if a company is deriving a subtantial part of its income and profits from investments (such as rental properties) it will not be classified as a "small trading company" for Corporation tax purposes. It therefore cannot avail of the special Small Trading Company Corporation Tax rates.

Edited by Eric Mc on Tuesday 2nd February 11:00

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
aaaa, I see. So even if I transfer and rent, I will be liable for Corporation tax at the same rate as CGT. Might be better to, invest some of the money and pay the CCG on the remainder.

Thanks your help Eric!

Eric Mc

124,445 posts

285 months

Tuesday 2nd February 2010
quotequote all
Have a chat with your accountant. That's what he/she is for.

By the way, standard Corporation Tax for investment companies is 28% (not 21%).

Edited by Eric Mc on Tuesday 2nd February 11:10

mylesmcd

Original Poster:

2,568 posts

239 months

Tuesday 2nd February 2010
quotequote all
yikes

thanks again.

Eric Mc

124,445 posts

285 months

Tuesday 2nd February 2010
quotequote all
anonymous said:
[redacted]
You could be right. That's why I did put a proviso on what I said. He needs to talk to his own advisor.