An introduction to Capital Gains Tax (2024)

In our recent blog posts we have been highlighting the importance of utilising tax efficient vehicles such as ISAs and pensions. You may remember that we wrote about the change to capital gains tax allowances which makes ensuring your investments are tax efficient is as important as ever. In this blog we will be explaining the evolving landscape of Capital Gains Tax (CGT).

What is CGT?

CGT is a tax on the profit when you sell an asset that has increased in value. This includes personal possessions over £6,000 (such as jewellery), properties (excluding your main home under certain conditions), business assets, and investments such as shares and funds that are not held in a tax efficient structure.

The annual exemption amount, which is the amount of gain you can realise without becoming liable to tax, is set for a significant decrease. From £6,000 in the 2023/24 tax year, it will drop to £3,000 in April 2024. It's important to use this exemption wisely as it's a 'use it or lose it' benefit.

The amount of tax paid beyond this annual exempt amount is based on the owner’s marginal rate and may go across different tax bands, depending on other income sources, but in simple terms this would be 10% for a basic rate payer and 20% tax for a higher rate tax payer. The tax owed would be included in your self-assessment tax return.

It is possible to offset losses against gains to reduce the overall CGT liability, and any crystallised losses can be carried forward indefinitely.

Property

Your main residence is generally exempt from capital gains tax (there are conditions attached to this). However, if you own another residential property that is not your main home, the rates of CGT on disposal are 18% in the basic rate tax band and 28% in the higher rate tax band. The tax liability may be quite significant in this case, and it is therefore important to plan as early as possible to try to mitigate any unnecessary tax. CGT on the sale of a residential property would need to be paid within 60 days of the completion date.

Investments

Shares in companies or investment trusts, or units in investment funds can usually be held within tax efficient wrappers such as pensions and ISAs. To reiterate our previous blogs, this highlights the importance of having these structures in place, as no CGT would apply, even if the investments experienced significant growth. Assets that are not currently held in these wrappers can be gradually moved over to them, using the annual CGT allowance where available, through a ‘Bed & ISA’ or ‘Bed & Pension’ process.

Married Couples and CGT

Transfers between spouses are considered at "no gain, no loss". This means that planning asset transfers between spouses can maximise the use of annual exemptions for both partners. This can be particularly effective where the partners are in different tax rate bands.

On divorce, the CGT rules are more complex. The rules changed for divorcing couples in April 2023 and are much better than before, but assets will still be transferred pregnant with gains, so that's important for divorcing couples to keep in mind. For more help in this area, please contact info@smartdivorce.co.uk.

Business Asset Disposal Relief

This relief, applicable to certain business disposals, offers a reduced CGT rate of 10%; You may be able to pay a reduced rate of 10% on gains on qualifying assets when you sell all or part of your business. There is a lifetime limit on the amount an individual can claim under BADR which is now £1,000,000. It is vital for business owners to understand and apply these rules correctly and consider their personal planning alongside the business. At Smart Financial we can help you navigate the prospect of exiting your business. We can help you navigate the transition from both a financial and lifestyle point of view.

With CGT undergoing significant changes, it's more important than ever to stay informed and consider professional financial advice. Whether you're an investor or business owner, understanding CGT can significantly impact your financial decisions, and as ever, early planning helps ensure you are on the right path.

For more information and personalised advice, feel free to contact Smart Financial. We're here to guide you through these changes with expert advice tailored to your unique situation. Please contact contactus@smartfinancial.co.uk.

An introduction to Capital Gains Tax (2024)

FAQs

What is a simple trick for avoiding capital gains tax? ›

An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account.

How much of my capital gains is taxable? ›

Short-term capital gains taxes are paid at the same rate as you'd pay on your ordinary income, such as wages from a job. Long-term capital gains tax is a tax applied to assets held for more than a year. The long-term capital gains tax rates are 0 percent, 15 percent and 20 percent, depending on your income.

Do I pay capital gains if I reinvest the proceeds from sale? ›

While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

How do I calculate capital gains on sale of property? ›

It is calculated by subtracting the asset's original cost or purchase price (the “tax basis”), plus any expenses incurred, from the final sale price. Special rates apply for long-term capital gains on assets owned for over a year.

What is the one time exemption on capital gains tax? ›

You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

How do I get zero capital gains tax? ›

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $44,625 for single and married filing separately; $89,250 for married filing jointly and qualifying surviving spouse; and.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

Do I have to pay capital gains tax immediately? ›

This tax is applied to the profit, or capital gain, made from selling assets like stocks, bonds, property and precious metals. It is generally paid when your taxes are filed for the given tax year, not immediately upon selling an asset.

Do you pay capital gains after age 65? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due.

Can I sell my house and buy another without paying capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

How to offset capital gains tax? ›

How to Minimize or Avoid Capital Gains Tax
  1. Invest for the Long Term.
  2. Take Advantage of Tax-Deferred Retirement Plans.
  3. Use Capital Losses to Offset Gains.
  4. Watch Your Holding Periods.
  5. Pick Your Cost Basis.

How to not pay capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Are capital gains added to your total income and put you in a higher tax bracket? ›

Long-term capital gains can't push you into a higher tax bracket, but short-term capital gains can. Understanding how capital gains work could help you avoid unintended tax consequences. If you're seeing significant growth in your investments, you may want to consult a financial advisor.

Do capital gains count as income? ›

Short-term capital gains are taxed at the same rate as your ordinary income. Meanwhile, long-term gains are taxed at either 0%, 15%, or 20%. The rate you pay is based on your taxable income. Just like with ordinary income tax rates, the higher your income, the higher your long-term capital gains tax rate.

Are there any loopholes for capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

Do you have to pay capital gains after age 70? ›

Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

Where should I put money to avoid capital gains tax? ›

Investing in retirement accounts eliminates capital gains taxes on your portfolio. You can buy and sell stocks, bonds and other assets without triggering capital gains taxes. Withdrawals from Traditional IRA, 401(k) and similar accounts may lead to ordinary income taxes.

How do rich people avoid capital gains? ›

Billionaires (usually) don't sell valuable stock. So how do they afford the daily expenses of life, whether it's a new pleasure boat or a social media company? They borrow against their stock. This revolving door of credit allows them to buy what they want without incurring a capital gains tax.

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