Leonard Kasler & Company

Retirement and Capital Gains Tax

(20 Things to know about Enhanced Taper Relief )

Note: the law may have changed since this was written

1. Many owners of small businesses have inadequate pension funding, but intend to rely on the lump sum payment they get from the sale of their business.

2. Until the 1997 Budget such owners slept easy, solicitor capital gains taxknowing that Retirement Relief would cancel out Capital Gains Tax ("CGT") on the gain made on the sale of their business.

3. Under Retirement Relief, the first £250,000 capital gain ("the Primary Retirement Relief") was free of CGT

4. The next £750,000 ("the Secondary Primary Relief") was only charged at half rate.

5. This is now being phased out, over four years, starting in the Tax Year 1999/2000.

6. The tax year is from 6th April one year to 5th April the next.

7. Primary Retirement Relief ("PRR") reduces as follows :-

TAX YEAR                                  £

1999/2000                                 200,000

2000/01                                     150,000

2001/02                                     100,000

2002/03                                       50,000

2003/04                                          nil

8. Secondary Retirement Relief ("SRR") is phased out over the same period.

9. Indexation is also gone. This was the process by which gains due to inflation (as measured by the Retail Price Index) were ignored

10. This was hugely valuable to the taxpayer in past days of high inflation and its loss will be mourned, solicitor capital gains tax    if those days return

11. Instead, you will have Enhanced Taper Relief ("ETR").

12. This was designed to get away from short-termism to stop people stagging share issues or making quick gains.

13. ETR reduces the gain made on a business sale by 7.5 per cent each tax year starting 1998/9.

Examples

14. You sell a business at a capital gain of £300,000 in 1998/9

                                                         £

Capital Gain                                  300,000

PRR                                            -250,000

SRR (£50,000/2)                         - 25,000

                                                     25,000

ETR at 7.5%                                  -1,875

Chargeable Gain                         23,125

15. You sell a business at a capital gain of £300,000 in 1999/2000

                                                                      £

          Capital Gain                                  300,000

PRR                                            -200,000

SRR (£100,000/2)                        -50,000

                                                     50,000

ETR (£50,000 x 15%)                    -7,500

Chargeable Gain                          42,500

16. You sell a business at a capital gain of £300,000 in 2000/2001

                                                                      £

Capital Gain                                  300,000

PRR                                            -150,000

SRR (£150,000/2)                       - 75,000

                                                     75,000

ETR (£75,000 x 22.5%)               -16,875

Chargeable Gain                          58,125

 

17. And so on .............. the longer the sale is left, the worse the position.

18. The examples above ignore personal allowances which may be available to you (£6,500 for 1998/9)

19. It is ironic that, at the moment, this new regime actually encourages businessmen to sell earlier than later.

20. Speak to your accountant or call us…..............solicitor capital gains tax

                           

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                                         Michael Breeze

                                        Leoanrd Kasler & Company        

                            Sunday, 13. October 2002