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Taxation - F6 Fa 2020 Volume Ii (4706)
Taxation - F6 Fa 2020 Volume Ii (4706)
FA-2020 Volume II
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ACCA Taxation (TX-UK) FA-2020 1
Muhammad Abu Bakar, FCCA
Exam Pattern & Guideline
SECTION - A
15 objective text questions
SECTION - B Can be
Total of 03 Questions tested
from any
10 marks each
part of
Each Question will be based on a scenario
Maximum up to 5 questions will be asked related to the scenario
your
syllabus
SECTION - C
Total of 02 Questions
15 marks each
Constructive Questions with Scenario
Marsk could be divided into small segments/parts
1. Chargeable person
Exempt assets are out of scope for our exam, but examiner usually include exempt
assets in the question to check the knowledge.
Note:
4. Calculation of CGT
An individual is liable to pay CGT on the TOTAL TAXABLE GAINS arising on the
disposal of all assets in a tax year.
£
Net chargeable gains of the year X
Less: annual exempt amount (2020/21) (12,300)
_______
X
Less: capital losses brought forward (see later) (X)
_______
Taxable gains X
_______
CGT payable (taxable gains x appropriate tax rate) X
_______
• Every individual is entitled to an annual exempt amount for each tax year.
• AEA is deducted from net chargeable gains for the tax year (after current
year’s capital losses but before brought froward losses).
• If an individual’s net chargeable gains are equal or less than £12,300, no tax
will arise.
• Any chargeable gains in excess of £12,300 are subject to CGT unless they are
covered by capital losses brought forward.
6. Capital losses
In an exam where both income tax and CGT are required, two separate calculation
must be made.
However, a taxpayer’s main residential house will be exempt under the rule of
principle private residence. (see next chapter)
9. Payment of CGT
On 31 January following the tax year (31 January 2022 for 2020/21 tax year)
Payments on account are not required.
Tax saving:
• If AEA is already utilized, delaying a disposal of asset will allow us to use next
year’s AEA, therefore a saving of £12,300.
• Delaying a disposal may bring more utilization of basic rate band in the
coming year (a comparison of current and next year’s income), resulting a
CGT at 10% in the future year instead of 20% in the current year.
Gains realised on disposals until 5 April 2021 are taxable in the tax year 2020/21 and
the associated CGT is payable by 31 January 2022.
Selling in trenches/parts:
Where assets can be split and sold parts (e.g. shares), selling them in tranches in
different tax years can allow the use of more than one AEA and result in a lower total
taxable gain (overall).
Calculate CGT payable for Julie during the tax year 2020/21
SOLUTION:
Transfers Assets
between Spouse Part Disposals Chattels & Lost/Destroyed
& Civil Partners Wasting Assets or Damaged
If the same asset is sold by the transferee, the deemed acquisition cost will be the
same cost by the Other Spouse at the time of asset’s acquisition.
Jade purchased a house for £25,000 on April 05, 2002 and subsequently transferred
the same house to his wife on June 30, 2016. His wife (Nile) sold the house for
£34,000 on May 20, 2020.
SOLUTION:
Married couple can transfer assets to each other at no gain no loss to:
1. Use each side of annual exempt amount
2. Use each side of basic rate band
3. Utilize relief against Capital losses
• When the asset is partly disposed, it is important to identify how much of the
original cost of the asset relates to the part which is disposed. The following
formula is used to arrive at that value:
Cost x A/(A+B)
• The allowable expenditure, calculated through the above formula, will be used
in the basic capital gains tax computation
• Incidental cost of acquisition or enhancement expenditure, relating to:
a. Solely to the part disposed is allowed to deduct in full from the chargeable
gain
b. The whole asset rather then the part disposed of is apportioned in the same
way as cost (A/A+B)
Yousuf acquired 20 acres of land in March 2004 for £7000. On 1 August 2020, he
disposed 08 acres for £9000. The value of the remaining 12 acers at this date was
£16000.
Calculate the chargeable gains arising on the disposal of land in the tax year
2020/21.
SOLUTION:
£
01 August 2020 disposal:
It is important to identify Chattels and Wasting assets as there are separate rules for
them.
3.1. Chattels
• Chattels are eligible for capital allowances. i.e. plant & machinery used in
business (unless bought & sold for less than or equal to £6,000).
For example:
A plant and machinery (used for business) on which capital allowances have been
claimed, in the gains/loss computation we must take into the account the tax relief
already given for the net cost of the asset (in capital allowance computation).
Following rules will be applicable:
Sold at Gain:
• The capital is restricted as the relief was already given through the capital
allowance.
• In the capital loss computation, the net capital allowance (disposal –
balancing charge) will be deducted from the allowable expenses.
• Therefore, a plant and machinery which was eligible for capital allowances
and disposed at a loss, will result in no gain/no loss situation for CGT
calculations.
Ali bought a machine for his business in June 2012 for £35,000. In October 2020, he
decided to replace it and sold the old machine for £20,000.
SOLUTION:
Ali has sold the machine at loss of £15,000 (35,000 – 20,000). He will be
compensated for this loss through capital allowances system, which will be £15,000
in respect of the machine.
£ £
Sales Proceeds 20,000
Less: Cost 35,000
Less: Net Capital allowances (15,000)
______ (20,000)
______
Allowable loss 0
______
4. Other Wasting Assets
This covers those wasting assets that are not chattels because they are either not
tangible or non-moveable (i.e. trademarks/rights etc.). allowable expenditure of such
assets is deemed to waste away over the life of asset.
Therefore:
In June 2011, Val bought copyright of a digital product at a cost of £24,000. The
product has a useful life of 30 years. He sold the same copyright for £38,000 in
February 2021.
SOLUTION:
5. Asset lost/destroyed/damaged
When an asset is lost or destroyed or damaged, the owner receives damages (without
disposing it) and the supplier/seller receives nothing in return. The set of rules are
different and dependent on following:
Note: Date of disposal will be the date when insurance proceeds were
received not the actual date of destruction/incident.
Ahmed purchased an asset for £16,000 on May 01, 2011, which was destroyed by
storm on July 31, 2020. The asset was not insured.
SOLUTION:
Proceeds 0
Less: cost (16,000)
______
Chargeable loss (16,000)
______
John purchased a painting for £40,000 on June 1, 2000. The asset was destroyed by
fire on May 30, 2020. John received £50,oo0 from the insurance company on July
30, 2020. He did not replace the painting.
SOLUTION:
Proceeds 50,000
Less: cost (40,000)
______
Chargeable gain 10,000
______
Same way if John would have received £35,000 against the destruction of painting,
there would a loss of £5,000 instead of £10,000 gain.
Gama purchased an asset for £30,000 on September 01, 1996. The asset was
destroyed by fire on 30th August 2020. He received a sum of £35,000 from the
insurance company on Jan 01, 2021. He purchased a replacement asset for £45,000
on Feb 01, 2021.
SOLUTION:
Since Gama opted/elected for no gain/no loss, the deemed disposal proceeds are the
allowable cost for new asset.
• As we know already that there will be no implications of CGT unless the owner
received compensation from insurance.
• When an asset is damaged (partly) and not fully destroyed, part disposal rules
of CGT will be applied.
• The allowable cost will be calculated using normal part disposal formula:
Cost x A/(A+B)
A = compensation received
B = Market value of the remaining part at the time of part disposal (value in
its current damaged condition)
Zainab purchased a painting on April 01, 2005 for £15,000. The painting was
damaged due to heavy rainfall on May 01, 2020 when it was worth £50,000. After
the damage, the painting was worth £30,000. On July 01, 2020 insurance company
paid Zainab a total sum of £30,000 which she did not used to restore the painting.
SOLUTION:
Michael purchased a painting on April 1, 2006 for £15,000. The painting was
damaged on May 01, 2020 when it was worth £50,000. After the damage, the
painting was worth £40,000. On July 01, 2020 insurance company paid Michael a
total sum of £10,000. All the proceeds from insurance were used to restore the
painting.
SOLUTION:
As Michael has elected for rollover, there will be no part disposal and revised base
cost will be:
Taking the same example of Michael, if the restoration cost would be £10,000 and
insurance proceeds would be £8,000 than the revised base cost:
All shares and securities disposed by an individual are subject to CGT except those
which are defined under exempt categories:
Under this case, market value of the shares will be also be determined by taking the
mid-price (average) of the price quoted in the stock exchange daily official list on the
date of disposal.
For example:
Shares of Lions & Tigers are quoted at 230p – 280p at the stock exchange. The mid-
price would be (230p+280p)/2 = 255p.
It is particularly important to match the rules to identify which shares have been
disposed, because:
a. Shares and securities that are bought in a particular company of the same
class are not distinguishable from one another
b. Each time an individual buys shares in a quoted company at a price which is
different at every single time (changing at every single moment in the stock
exchange)
c. It will enable us to locate which shares have been disposed of and to arrive at
the allowable cost to use in the CGT calculation
Michael had the following transactions in the shares of MECH plc, a quoted
company:
Identify and apply the matching concept against the sale occurred on 15 March 2021.
SOLITION:
Numbers of shares
Shares sold 3,500
Rule 01:
Same day (0)
Rule 02:
Following 30 days (28 March 2021) (800)
_____
2,700
Rule 03:
Share Pool (pre March 15, 2021)
1 June 2002 4000
30 July 2006 2000
30 April 2011 500
20 May 2016 1000
_____
7500
_____
Disposal from share pool (2700)
_____
0
_____
Bonus shares are the free shares distributed among the current shareholders of the
entity. For CGT purposes, follow the below rules:
a. Bonus shares will be added into the share pool at Nil cost
b. These shares will not be treated as separate holding of shares
5. Right shares
Right shares are issued to the existing shareholders only and usually at a lower price.
Following rules should be followed:
SOLUTION:
Working:
Share pool
6.1. Reorganization
Reorganization involves the exchange of existing shares in another company for the
shares of another class in the same company.
When the consideration for the reorganization is shares, the tax treatment is:
6.2. Takeover
Peter bought 10,000 shares in Ninja plc in May 2010 for £20,000. On November 6,
2020, the entire share capital of Ninja plc was acquired by Lima plc. Ninja plc
shareholders received 2 Lima plc shares and £0.50 cash for each share they held.
Lima plc shares were quoted at £1.25.
SOLUTION:
Peter’s allowable cost for the future disposal of his shares in Lima plc
will be £16,667.
1. Non-Business Assets
PPR OCCUPANCY
Occupancy Relief
Throughout period of ownership Gain is Exempt
Calculate gain (normally)
For part of period of ownership
PPR relief may reduce the gain
Period of Occupation
a. For rules 02 & 04, individual must actually occupy the property followed by
the absence
b. Rules 01 & 03, there is no requirement to satisfy the condition
“where an individual has more than one property, they will have to
nominate which one to use as Principle Private Residence. This require
written notification to HMRC”
Business Use
Where a house is used wholly and exclusively for business purposes, it loses its PPR
relief and become taxable.
Because:
1. Tax benefit can not be claimed by using deemed occupation rules when
property was used in business
2. However, when part of property was used for business and same property was
also individual’s main residence at any time, last 18 months deemed
occupation rules are applicable. But
3. 18 months exemption rules are not applicable to any part of the property used
for business purposes throughout the entire period of ownership
Alen sold his property for £120,000 on 30 th June 2020, resulting a gain of £60,000.
The house had been purchased in 2006 and one of the five rooms has always been
used for business purposes.
SOLUTION:
Alen owned the house for 15 years (2006 to 2020) and 1/5th of the house was always
used for business. Hence, the 09 months exemption is not applicable on the business
use as it has never been used a private residence.
Letting relief is available when an individual lets out his/her PPR for residential use.
1. The owner lets out part of the property and keep the occupancy of the
remainder
2. If owner is not living in the property, relief is not available
3. Doesn’t apply to a non-PPR
1. £40,000
2. The amount of gain exempted by the normal PPR
3. The part of the gain attributable to the letting period
When a business is disposed, the entrepreneur is eligible for relief at the rate of 10%.
Notes:
• The business (disposed of) must be owned by the individual for at least 2
years prior to the disposal
• In case of shares where individual must be an employee of the company
and same company must be trading for at least 2 years prior to the disposal
• Where disposal is of an asset (asset which belong to the
company/partnership) of the individual’s or partnership’s trading business
that has ceased, the same business must be owned for at least 2 years prior to
the date of disposal (of the asset)
Investors’ relief enhanced the benefits of BAD when an individual doesn’t meet the
requirements of BAD.
Rollover relief allows individual to defer the gains arising on the disposal of
qualifying asset, when the proceeds are invested back to replace the qualifying
business asset
• Provided the nest sales proceeds are completely invested back to replace the
asset:
• The gain arising on the disposal of the qualifying business asset is deducted
from the acquisition cost of the new (replacement) asset
• Hence, no tax will be paid at the time of disposal
• ROR potentially increase the gain on the disposal of replacement asset,
because the deferred gain was deducted from the base cost of replacement
asset
• Gains can be rolled over for a number of times as far as the disposal proceeds
are reinvested back into the replacement qualifying asset
• At the time of crystallization of deferred gain, the CGT rates applicable will be
of that particular time, not the rate applicable at the time when it was deferred
• Relief doesn’t work automatically; it has to be claimed
• Claim must be made within 4 years of the later of the end of the tax year
in which:
Disposal is made, and
Replacement asset is acquired
i.e. a disposal in the tax year 2020/21, which is reinvested in a replacement
asset in the tax year 2020/21 requires tax payer to claim by 5 April 2025
Qualifying assets:
Main categories are (both old and new assets which are used in trade):
Goodwill
Land and buildings
Fixed plant & machinery (not moveable)
Partial reinvestment:
• Full rollover relief is available only when full disposal proceeds of the old asset
are reinvested into the new replacement asset.
• Where disposal proceeds are not fully reinvested, part of the gain is
chargeable at the time of the disposal
• Full ROR is available only when the old business asset which is now replaced
was fully used for business purpose only.
• Where asset is not used fully for business purpose, the ROR is apportioned to
its business use (%) only.
Depreciating asset:
ROR rules will change if the new replacement asset is a depreciating asset.
For the purpose of your exam, the following two categories are applicable:
• If the new replacement asset is a depreciating asset, the gain can not be
rolled over but can be deferred/frozen until the earliest of the
following three options:
Disposal of replacement asset
The replacement asset ceases to be used for trade
Ten years from the date of acquisition of replacement asset
• The deferred gain is not deducted from the cost of the replacement asset
(like Rollover relief)
• The deferred gain gets frozen until the earliest of the three events
(mentioned above)
• When crystalized, the frozen gain is chargeable at the appropriate CGT rates
applicable at that time
• Importantly, if before crystallization of gain, a non-depreciating asset is
bought, the original deferred gain will now be rolled over.
A depreciating asset is wasting asset with useful life of less than 50 years
Qualifying Assets
Time Period
Gain is frozen
1. No gain on disposal it is not dedcuted from the
2. Base cost of new asset is reduced by base cost of the replacement
ROR depreciating asset
Gift of an asset is a chargeable disposal which gives rise to the capital gain tax
liability of the donor even he/she hasn’t received any proceeds against it.
Gift relief works in order to allow INDIVIDUALS to holdover the gain arising from
gift of business assets, until the asset is sold by the donee.
Tax Planning:
Undervalue sales:
The Gift relief applies not just to gifts but also to the sales for less than market values
• Proceeds received which exceeds the original cost of the asset gifted are
chargeable to CGT on the donor at the date of gift
• The rest of the gain may be held over or deferred
• CGT rates will eb applicable as per the donor’s taxable income (factors
mentioned earlier)
Gain which is related to the part used for trade is eligible for GR
The restriction works same way as in ROR where assets have not been used in
the trade
Chargeable gain will surely arise at the time of the gift as not all of the gain can be
deferred
The chargeable gain will be taxed at either 0%, 10% or 20% depending:
• You can afford to miss to identify an exempt disposal because this mistake will
convert your answer into a very different shape and it will be waste of precious
time
• Make sure to distinguish between CGT rates and when to apply them (i.e.
residential property has higher rates)
• As a matter of fact, an unincorporated business is not treated as a separate
entity. Such disposals must be dealt with separate computation for each asset
(disposed)
• Follow your CGT proforma so you will be able apply mandatory line items like
AEA
• Most likely, when shares are disposed, the key element being tested is the
matching principles. So be watchful for dates (i.e. 30 day matching concept)
• It is very important to arrive at remaining balance of taxpayer’s basic rate
band. This mistake can land you in wrong answer
• Whenever there will be a question on CGT (individuals), it will include at least
2 reliefs as well
For which the company prepares its set of accounts. Can be longer, shorter or equal
to 12 months.
A period for which a charge to corporation tax is made. Never longer than 12 months.
• AP Start:
When company starts trade
Previous accounting period ends
• AP End:
Twelve months from the start of previous accounting period
End of company’s period of account
Date of company ceases
• Longer period of account:
Never be more than 12 months
If longer, there will be two accounting periods for tax purposes. i.e. for 18
months, a 12 months AP and another 6 months AP
A company can choose any period as per its requirements but there are some benefits
in choosing the accounting date of 31 March.
• Incorporated in the UK
• Incorporated elsewhere in the world but managed and controlled in the UK
Taxable total profits for an accounting period are the total profits from all sources
including worldwide incomes (excluding dividends) and net chargeable gains.
Proforma:
Company name
Corporation tax computation for the year ended 31 March 2021
Dividend received from UK resident and overseas companies are exempt for
corporation tax purposes therefore excluded from the taxable trading profits
calculation.
All donations made by the company excluding those allowed as trading expenses are
allowed to be deducted from total taxable profits in Corporation tax computation.
Companies pay gross donations.
“Financial years should not be confused with tax years in income tax”
The rules for companies are very similar to what we have studied already for Sole
Trader’s trading profit.
Summary of which are (all below applies the same for companies):
• Disallow all expenses which are not wholly and exclusively for trade
• Disallow capital expenses
• Adjustment for leased cars with emission rate CO2 > 110g/km
• Adjustment for gifts to customers
• Disallow depreciation
• Adjust any profit/loss on disposal of capital items
• Add back charitable donations (unless small & local)
• Adjustment for non-trading income
Incomes and expenses related to the borrowing and lending money are under loan
relationship rules.
Interest Interest
Receivable Payable
i.e. bank
overdrafts, loan to
acquire P&M,
i.e. shares of factory for trade
another company
proprty for non-
trade purposes
8. Property Income
8.1. Treatment
Income from such sources (as mentioned above) is classified as property busines
income and calculated same way as for sole traders:
Rules:
Premium XX
Less: premium x 2% x (n – 1) (X)
____
Assessable income X
____
All donations to charity by companies are allowable for corporation tax purposes.
First 12 months
Remaining 06 months
AIA & WDA are restricted as per months but full FYA is
available
Property income Computation for each Accounting Period is required
separately on accrual basis
Interest income
Chargeable gains Taxed in the accounting period of disposal
QCDs Deducted from the accounting period of actual
payment
1. Trading losses
Calculation of trading loss
Factors affecting choice of relief
Available relief
2. Other losses
Property Business losses
Capital losses
If a company has made an adjusted trading loss, the tax adjusted trading
profit shown in computation (total taxable profit) is £Nil.
❖ Full loss is relief is given against the current period’s total profits
❖ The remaining loss can be carried back in full (normal way)
i.e. for a loss of £50,000 in 2020 (12 months with £6000 interest income) will be set off
against 2019 (05 months with £12,000 total profits) and 2018 (12 months with £27,500
total profits) as follows:
2020 = £6,000 in full against current year
2019 = £12,000 in full (05 months)
2018 = £16,042 (07 months = £27,500 x 7/12)
❖ Tax saving
Tax saving is an important factor. When a loss is relieved in the prior years, it is
important to see how much tax is being saved but for this purpose its very clear
that until FY 2017 the tax rates are same (19%). So, any year prior to FY2017 will
create tax saving as the rates were higher than 19% at that time.
❖ Cash flow
When a loss is carried back, it may result in repayment or refund of tax but when
it is carried forward, it can only set off against future incomes
❖ Wastage of relief for QCDs
It also important to foresee the future QCDs for the purpose of tax. If in the
future, there will be lower QCDs it would be ideal to carry forward to maximize
the benefit of tax saving by setting off against future total profits.
Amount of current year and carry back claims cannot be restricted and that might
result in wasting QCDs.
❖ Prepare the TTP pro-forma and leave blank spaces for loss relief claims. The
proforma should be year by year/side by side.
❖ Fill in the proforma with the available information, ignoring loss relief.
❖ In the year of loss, tax adjusted trading profits should be £nil.
❖ Keep a separate working for loss memorandum (calculation)
❖ Consider your loss relief options available (or analyze as per the requirements
in question)
1. Where there is more than 01 loss, deal with the earliest loss first
2. If question emphasizes on “obtaining relief as early as possible”, go by
the below order:
Current year claim
Carry back 12 months/36 months if terminal loss relief
Carry forward any remaining
3. If question asks to identify options available along with tax saving for
each option, follow the below steps:
Carry forward
Current year claim and carry forward any excess
Current year claim, followed by carry back and then carry forward
4. Identify amount of saving in each option and other implications of QCDs and
cash flow
❖ Work out the revised TTP with allocated loss reliefs.
❖ First, mandatory offset against current year/period total profits (before QCDs)
❖ Any excess can be carried forward and offset against future total profits (before
QCDs) of the company
❖ Claim to offset against future total profits of the company must be made within
02 years of the end of the accounting period in which loss is relieved.
❖ There is no carry back of losses
❖ Partial loss claims are also not allowed when offsetting against current period’s
total profits. But
❖ Partial loss claims are available for future carry forward
❖ If applicable, property business losses are set off before trading losses
Corporation tax
Group
- Assets transferred
Surrender of losses at no gain
- Transfer of
gains/losses
- Group rollover
relief
1. Group Relief
Group relief is available to the members of 75% group in which losses of one member of
the group can be surrendered to the other group companies/members, to utilize the
benefit of setting off against their total profits.
• Companies part of the 75% group can transfer losses between each other
• Surrendering company is the company who surrenders its loss
- can surrender any amount of its current period’s losses, unrelieved QCDs and
unrelieved property business losses
- brought forward of trading & property losses are up to the extent that
surrendering company is unable to use the loss
• Claimant company is the company to which loss is surrendered
- can offset group relieved losses against its taxable total profits of corresponding
accounting period (same accounting period)
- surrendering may surrender any amount of losses but claimant company can only
accept up to:
Total profits X
Less: losses brought forward (X)
Less: current period/year’s loss (X)
Less: QCD relief (X)
___
Maximum group loss relief can be accepted X
A corresponding accounting period is the accounting which falls (wholly or partly) within
the accounting period of the surrendering company
Where companies (surrendering & claimant) have different year ends, the available profits
and losses must be time apportioned and relevant amounts falling within the
corresponding accounting period should be computed
Lower of:
i. When a company leaves or join the 75% group, the relief will be apportioned to
the time that company was part/member of 75% group
ii. Profit and losses will also be time apportioned
1. If the claimant company pays the surrendering company for group relief:
- It is not tax allowable for claimant company’s computation
- It is not taxable income for surrendering company
i. A company with loss has two options, whether to claim against its own profits or
surrender against 75% group
ii. It is important to remember that against own income it can be either all offset or
nothing, but group relief is very flexible
iii. It is possible to surrender a specific amount under group relief
A capital gains group is consisted of holding company and its 75% subsidiaries along with
their 75% subsidiaries and so on. Under this relief, the assets can be transferred tax
efficiently around the group along with efficient use of losses within the group.
“the parent company must have at least an effective interest of over 50% in all
companies”
➢ A company which is a 75% subsidiary cannot form its capital gains group and become
a parent.
➢ For this purpose, shares held by overseas companies can be taken into account, but
still non-UK resident companies cannot take advantage of these special reliefs.
➢ Calculate the chargeable gain/allowable loss on the disposal of each chargeable asset
separately
➢ Calculate net chargeable gains arising in the accounting period (gains – losses)
➢ Deduct capital losses brought forward
➢ You will arrive at net chargeable gains
➢ Add the above figure in taxable total profits computation
“You must have noticed that there is no annual exempt for companies”
Proforma:
Disposal proceeds X
Less: incidental disposal cost (X)
____
Net proceeds X
Less: Allowable expenditure (same as individuals) (X)
____
Unindexed gain X
Less: indexation allowance (X)
____
Chargeable gain/allowable loss X/(X)
____
£
Unindexed gain XX
Less: indexation allowance
Cost (£10,000 x index factor) (X)
Enhancement expenses (£4000 x index factor) (X)
___
Chargeable gain XX
___
Relieved against any chargeable gains arising in the same accounting period and any access
can be then carried forward to set off against future gains.
A restriction on capital losses that can be surrendered is introduced but only for companies
with chargeable gains in excess of £5 million, this restriction is not examinable at F6 level.
Two parties are involved in such transactions. A donor who makes the transfer and donee
who receives the property.
1. Charge of IHT
If gift of any asset/property will reduce the value of donor’s estate, it will be called
transfer of value. For the purpose of IHT, the gift transaction must be in gratuitous
mode not in bad blood.
Usually main charge of IHT arises on death of an individual and charged on the
following:
- value of all of the net assets in his/her estate at the date of death
- lifetime gifts made during the 07 years prior to his/her death (unless gifts were
exempt
- certain assets on which IHT is chargeable at the date of gift
3. Lifetime gifts
Gift which is not But if donor lives 7 years, no further charge (except when it
exempt nor a PET. was initially taxed)
A gift to a trust
For exam purposes, all gifts to trusts are CLTs
£5000 by a parent
£2500 by a grandparent or a remote ancestor
£2500 by bride to groom or vice versa
£1,000 by anyone
Transfers between spouses and civil partners (registered) are exempt, regardless of
the value of transfer and whether they are made during the lifetime or on death.
How to calculate?
➢ There will be separate calculation on each lifetime gift (both PET and
CLT), in chronological order.
➢ Even PETs are not covered by lifetime tax, but it is important to calculate their
chargeable value as well because they consume annual exemption.
➢ Calculation will be (for each PET & CLT):
➢ Look back 07 years and account all other CLTs “gross amounts”
➢ These CLTs have utilized NRB over the past 7 years
➢ Any NRB available will then be used to set against current CLT transferred
➢ You may not forget PETs while accumulating past 7 years gifts made by the
donor, for the calculation of available NRB
An IHT charge on lifetime gifts can arise if the individual dies within 7 years
of the date of gift was made.
Rule Book:
When IHT is chargeable due to the death of the donor, the IHT payable is reduced by
taper relief. Rules are as follows:
• For CLTs, any IHT paid already will be deducted from the liability created at
death.
• No refunds will be made so the liability can maximum go up to £Nil.
Normal date of payment for IHT at death is 6 months after the end of the month of
death.
2011/12 £325,000
2013/14 £325,000
2014/15 £325,000
• PET made on July 31, 2011 to his son is more than 07 years old
• Therefore, no IHT will be paid during lifetime and no IHT will be paid as
result of Lee’s death. PET is completely exempt
• Gift will not be considered for any future calculations
• The two gifts made on the above dates are PETs so no lifetime IHT is payable.
However, as Lee died within 7 years from date of gifts were made, IHT on his
death will arise:
Step 01: calculate chargeable amount of each PET & CLT which falls in the 7 years
period prior to Lee’s death
There is no need for us to calculate the NRB as its only applied when the gift is of
CLT.
PETs which were made more than 7 years before death will not be chargeable.
Less:
Less:
Taper relief
6 to 7 years before death 80% (3,520)
Less:
IHT will be paid by Son (always donee) and the due date will be six months after the end
of the month donor’s death) i.e. 30.6.2021
£ £
Freehold property X
Less: Mortgage (note) (X)
___
X
Business owned by sole trader/partnership X
Stocks & shares (including ISA) X
Government securities X
Insurance policy proceeds (note) X
Leasehold property X
Motor cars X
Personal chattels X
Debts due to the deceased X
Cash at bank and on deposit (including ISA) X
___
Less:
Debts due by the deceased X
Outstanding taxes (IT & CGT due) X
Funeral expenses X
___ (X)
___
Estate value X
Less: exempt legacies to spouse or civil partner (X)
___
Gross chargeable estate XX
___
Notes:
• Repayment and interest only mortgages are deductible. Endowment mortgages are
automatically repaid on owner’s death
• Proceeds of life insurance policy (of the deceased) will be included in the computation,
rather than its market value
• Funeral expenses are allowed as far as they are reasonable
• Debts are deductible as far as they were outstanding at the date of death and are legally
enforceable debts
• Taxes including Income tax, CGT and NIC will be deductible except IHT which will be borne
by the donee
• First, deal with IHT on gifts made within 7 years from the date of death, before starting
death estate computation
• Compute gross chargeable estate value
• Compute available Residence Nil Rate Band (RNRB) – Note 1
• Compute the amount of Nil Rate Band available after deducting GCTs in the past 7 years
(i.e. CLTs & PETs) – Note 2
• Calculate tax at 40% (on the excess)
• State the dates for payment, if required
Notes:
At the death of an individual, any unused nil rate band can be transferred to his/her spouse or civil
partner. So anyone who is leaving his/her death estate to his/her partner/spouse will leave the
following benefits:
• The amount of NRB that can be claimed is based on the proportion that was unused by the
FIRST SPOUSE
• The unused proportion is than applied to the NRB available on the death of SECOND
SPOUSE
• The executors of the surviving spouse or Civil partner must claim the transferred NRB by:
2 years of the second death
3 months of the executors starting to act
Under self-assessment, the responsibility is on the taxpayer to provide the information and calculate
their tax liability. Taxpayer will receive a notice to complete a self-assessment tax return which must
be filed through either paper or electronic/online.
A. Self-assessment
i. Tax returns covers income tax, CGT and class 2 & class NIC liabilities
ii. Payment must be made 31 January following the end of respective tax year
iii. Interim payments are usually required at 31 Jan in the tax year and 31 July following the
tax year in some cases
B. Filing deadlines
31 January following the tax year is considered as filing date, regardless it was filed
online or in paper form.
C. Calculation ox tax
Paper return HMRC will calculate the tax liability on behalf of the taxpayer,
provided the return was submitted on or before October 31.
Electronic/Online return Calculation of tax automatic, as part of online process
D. Payment of tax
For income tax, Class 2 NIC, Class 4 NIC & CGT, HMRC require taxpayers to settle taxes by 31
Jan following the end of tax year. i.e. for 2020/21 = 31 Jan 2022
If the tax liability is more than the tax deducted at source, POA is required. Exceptions to this:
Calculation of POA
POAs are calculated using previous tax year’s “relevant amount”. Relevant amount is calculated as:
Total tax liability for the year (income tax & Class NIC) XX
Less: PAYE (X)
__
Relevant amount XX
__
Solution:
This amount exceeds £1000 and 20% of the total tax liability. Amount of POAs will be in equal
division of the relevant amount (4500/2) = £2250 due on 31 Jan 2021 and 31 July 2021.
Balancing Payments
Due on 31 Jan following the tax year. For 2020/21 it is 31 Jan 2022.
Total liability for the tax year Income tax, CGT & class 4 NIC) X
Less: PAYE (X)
Less: POAs (X)
__
Balancing payment X
__
“It is possible that balance repayment will be due and HMRC will repay the amount to
the taxpayer”
3. Compliance checks
➢ HMRC has the right to enquire about the correctness and accuracy of the self-assessment tax
return
➢ A written notice will be supplied to the taxpayer
➢ Written notice must be issued within 12 months from the date of return filed.
➢ Information requested must be relevant to the respective return
➢ Taxpayer can be made against the request
Discovery assessment
To prevent the loss of tax to HMRC, a discovery assessment can be raised even after 12 months. In this
case HMRC will only accept full disclosures on the information requested. Time limit to issue
discovery assessment is:
An appeal can be made by the taxpayer within 30 days from the disputed decision. Appeal works as
follows:
Dependent on taxpayer’s behavior, penalties are calculated as potential loss of revenue (to the
HMRC)
➢ Deliberate but no
concealment ➢ 70% of the tax due (minimum £300)
➢ Deliberate with
concealment ➢ 100% of the tax due (minimum £300)
Other penalties
Offence Penalty
Fraud or negligence on claiming reduced POAs POA should have paid X
Less: POA paid (X)
___
X
___
Failure to keep records Up to £3000 per tax year
6. Records
Taxpayer with business Must keep until 5 years after the 31 Jan filing
date. i.e. for 2020/21, retain until 31 Jan 2027
All receipts & expenses
All goods purchased & sold
All supporting docs relating to business
transactions (contracts, books, vouchers etc.)
Until later of:
Penalties for not keeping records or destroying the records are covered above.
7. PAYE System
Deductions related to employment related employment income must be notified to HMRC and
matched with the coding notice issued by HMRC. Coding system enables to track different amounts
deducted from different employees as per their personal circumstances.
From the information supplied to HRMC, each employee is sent a coding notice that explains the total
reliefs and allowances available to him/her for the year. Last digits are removed to arrive at the code
so for allowances of 15,000, code is 1500.
Payments:
➢ Income tax and NIC deducted by employer are due to be paid not later than 14 days after the
tax month ends. Tax month runs from 6th of the month to the following month’s 5th.
➢ Employers with more than 250 employees must make their PAYE payment on 22nd of each
month
➢ Employers with monthly PAYE & NIC deduction of less than £1500 can make quarterly
payments. Quarter ends 5 July, 5 October, 5 Jan and 5 April.
Information related to PAYE and NIC needs to be furnished to HMRC on time. Any delay will cause
penalties to the taxpayer.
Interest
Self-assessment system:
- Calculate its own corporation tax liability for each accounting period
- Submit a self-assessment corporation tax return within 12 months after the end of the
period of account
- Pay any corporation tax liability within 9 months & 01 day after the end of accounting
period
Tax return:
- HMRC may correct obvious mistakes on its own, within 9 months of the date of filing of
return of return
- Company can also amend a return within 12 months of filing date
- If error was discovered later, company can file for claim against overpayment. Such claims
must be made within 4 years from the end of accounting period, in which error occurred.
Notification of chargeability
- A company coming within the scope fo corporation tax must notify HMRC within 3 months
of the start of its accounting period
- If no notice is received is received from HMRC, company should inform HMRC
- All receipts and documents must be kept including contracts, invoices and books.
- Must be kept, later of:
06 years after the end of accounting period
The date when compliance check into filed returns is complete
Date when it becomes impossible to run a compliance check
Large company:
- A company having augmented profits for an accounting period are more than £1.5 million
- £1.5 million threshold will be apportioned for short accounting period
- Respectively, shareholding will also be effective for group companies
- Augmented profits are calculated as:
Taxable total profits – dividend received from non-group companies = Augmented profits
- Companies that become large in an accounting period doesn’t have to make installment
payments as far as their augmented profits in an accounting period do not exceed £10
million and they were not a large companies in previous accounting period
Group of companies:
- By 14th days
- In months 7, 10, 13 and 16 following the start of accounting period (as shown, first 2
installments are paid during the AP)
Basis of payment:
A ltd
P ltd G ltd
E limited is dormant since start of accounting period. G limited was purchased on Jan 1, 2021. D
limited is incorporated in Fiji.
Explain which companies are part of 51% group and calculate augmented profit
threshold to determine whether the payment for CT should be made in installments or
not.
SOLUTION:
A limited has three related companies in 51% group. B limited, C limited and D limited.
If augmented profits exceed £375,000, it will be considered as large company for year ended March
31, 2021.
- 1st installment is due by 14th day of the 7th month after the start of accounting period
- Subsequent installments are due at 3 months intervals until last installment
- Last installment due by 14th day of 4th month after the end of accounting period
- If accounting period of 3 months, full tax due for accounting period on 14th day of the 4th
month after ending the accounting period
- The amount for each installment is calculated = (estimated CT liability for AP) x (n/AP length)
Where n = 3 months for quarter but it will be 2 or 1 for later installments
Interest
Offence Penalty
Late filing of CT return:
Additional penalties:
Compliance Checks
- Within 12 months of
Actual delivery/submission of tax return
31 Jan, 30 April, 31 July or 31 October next following actual date of delivery of the return
Discovery assessment
To prevent the loss of tax to HMRC, a discovery assessment can be raised even after 12 months. In
this case HMRC will only accept full disclosures on the information requested. Time limit to issue
discovery assessment is:
An appeal can be made by the taxpayer within 30 days from the disputed decision.
Types of Supply
Taxable Supplies
Children’s clothing, non-luxury food, books, medicine, transport & export outside EU
Threshold:
If taxable supplies (excluding sales of capital assets) exceed the registration threshold of £85,000, the
registration of VAT is compulsory.
Look back 12 months at the end of each month, if the taxable supplies in the last 12 months exceed the
threshold of £85,000, he/she must register for VAT. There is no need for the compulsory registration
of the trader is expecting his/her taxable supplies to be lesser than £83,000 (deregistration threshold)
in the upcoming 12 months
Trader must notify HMRC within 30 days of the end of month in which registration threshold
exceeded. For this purpose, VAT1 form is used or via online services of HMRC.
Registration will be effective from 1st day of the second month in which registration threshold
exceeded
HMRC must be notified before the end of the 30 days period. VAT01 or online services of HMRC can
be used for this purpose.
Once registered, output VAT must be charged on all taxable supplies, record must be maintained, VAT
registration number must be shown on all invoices and VAT returns must be filed on time.
Voluntary registration
Even a person is not meeting the minimum threshold criteria designed by HMRC, he/she can still
register for VAT. Its beneficial for those who makes majority zero rated supplies and want to claim
input VAT.
Advantages Disadvantages
Avoid penalties for late registration Burden of compliance with tax laws
Can recover input VAT on purchases Must charge VAT which makes their goods more
expensive
Can hide the small size of the business
VAT Group
Companies under common control can opt for VAT Group. Goods and services in between the
members are disregarded for the purpose of VAT. One member can become representative member of
the entire Group and can handle all accounting and filing/representation requirement for VAT
purposes.
The main benefit is the submission of single VAT return compare to separate for each company. The
main disadvantage is that all members are collectively liable and responsible.
VAT from pre-registration time cannot be recovered unless the following conditions are satisfied
Deregistration
Compulsory Voluntary
When a person ceases his/her trade If a person suspects (with evidence) that his/her
taxable supplies will not exceed £83,000 in the
Must notify HMRC within 30 days of ceasing to coming 12 months
make taxable supplies
VAT registration will be cancelled from the date
VAT registration will be cancelled from the date of request
of cessation
HMRC may require evidence, which falls on
taxpayer to provide
“Output VAT will be accounted for on the inventory and value of ono-current assets, on
which the input VAT has already been claimed”
Sale of Business
Sale of Business
Normally it is compulsory to deregister but the registration for VAT can also be
transferred to the acquirer if both parties make joint election
Time of Supply
Goods Services
When customer collects them, or goods are Performed
transferred/delivered (risks and rewards)
Step 1
Step 2
YES NO
Actual Tax Point Whether tax invoice was issued within 14 days
of the Basic Tax Point?
- Earlier date
- Compulsory ruling
NO YES
Special rules:
Continuous supplies
Basic Rule:
Normally the value of supplies is the amount on which the VAT is charged.
If a standard supply is made at a price of £5000 + VAT. The VAT would be £1000 and value
inclusive of VAT would be £6,000.
Discounts:
VAT will be calculated at the discounted price, the amount which customer will pay. Whether it’s a
trade discount or prompt payment discount.
If discount after generating invoice for full amount, a tax credit note will be issued and VAT with
same rate will get effected and gets automatically adjusted.
Gifts:
Gifts of inventory or non-current assets are treated as taxable supplies at replacement cost, except
the following:
If trader withdraw goods which were purchased for business purposes, are considered taxable
supplies at replacement cost
If goods were purchased for personal purposes, no Input VAT can be claimed
➢ Input VAT is recoverable as far as the purchases were made for business purposes
➢ Both revenue and capital expenses are entitled for recovery
➢ Input VAT which is not recoverable are:
- Business entertaining expenses (within UK). Overseas entertaining expenses are allowed
- Motor cars, unless:
- used 100% for business purpose
- if it has private use, only 50% is recoverable
When goods or services are not used completely for business purposes, an apportionment is required
to allocate the recoverable input VAT. Exception for cars still applies.
Where company pays fuel and other related costs to the employee, related to motor vehicles.
Business pays for fuel costs, can recover full input VAT
Driver reimburse full cost of fuel (for private Driver does not reimburse any cost to the
use) to the employer employer
Scale charge depends on CO2 emission of the car which will be provided in the exam.
SOLUTION:
When a customer does not pay, seller doesn’t have any choice but to remove the debtors from his
books. Because output VAT was already paid by seller, so the negative effect of output VAT will be
given in the tax credit note.
Conditions are:
Although the UK officially left the EU on 31 January 2020, the VAT treatment of acquisitions from the
EU will remain unchanged throughout the Brexit transition period which is due to come to an end on
31 December 2020.
Once the Brexit transition period comes to end, goods acquired from the EU will be treated the same
for VAT purposes as goods which are currently imported from outside the EU.
However, for exams in the period 1 June 2021 to 31 March 2022, it will be assumed that the EU
acquisition rules continue to apply.
Because of the Coronavirus crisis, the government has introduced temporary measures allowing
taxpayers to defer certain self-assessment and VAT payments. Deferral is possible in respect of the
following payments:
• The second self-assessment payment on account for the tax year 2019-20 due on 31 July
2020.
• VAT payments due between 30 March and 30 June 2020.
For any question involving such payments, you should assume that the taxpayer has not deferred
them.
The reduction to the rate of VAT applicable to businesses in the hospitality sector for the period 15
July 2020 to 13 January 2021 will also not be examined.