CGT planning for married couples

This article is also relevant to couples who have entered into a civil partnership.

For the tax year 2018-19, taxpayers can make tax-free capital gains of up to £11,700.

This allowance is available on a per person basis and so married couples (and those in a civil partnership) have a combined CGT allowance of £23,400.

Consider married couple John and Joy. Joy wants to dispose of a block of shares before 6 April 2019, but this will create a taxable gain of £22,000. After her CGT allowance is deducted this will create a CGT bill of £2,060 – Joy is a higher rate taxpayer and so she would pay CGT at 20%.

John is retired and has relatively little income for 2018-19 and no capital gains. It is quite legitimate for Joy to gift 50% of her shares to John before they are sold – gifts between spouses and civil partners are free of CGT. Each party would then sell their half-shares and chargeable gains of £11,000 each would be covered by their £11,700 allowance. Hey presto, no CGT to pay.

John and Joy decide to use the tax saved to fund a well earned winter break abroad. Not a bad outcome and an entirely acceptable tax planning ploy.

Tax Diary January/February 2019

1 January 2019 – Due date for Corporation Tax due for the year ended 31 March 2018.

19 January 2019 – PAYE and NIC deductions due for month ended 5 January 2019. (If you pay your tax electronically the due date is 22 January 2019)

19 January 2019 – Filing deadline for the CIS300 monthly return for the month ended 5 January 2019.

19 January 2019 – CIS tax deducted for the month ended 5 January 2019 is payable by today.

31 January 2019 – Last day to file 2017-18 self-assessment tax returns online.

31 January 2019 – Balance of self-assessment tax owing for 2017-18 due to be settled on or before today. Also due is any first payment on account for 2018-19.

1 February 2019 – Due date for Corporation Tax payable for the year ended 30 April 2018.

19 February 2019 – PAYE and NIC deductions due for month ended 5 February 2019. (If you pay your tax electronically the due date is 22 February 2019)

19 February 2019 – Filing deadline for the CIS300 monthly return for the month ended 5 February 2019.

19 February 2019 – CIS tax deducted for the month ended 5 February 2019 is payable by today.

Turkey dinner and tax returns

Completing your tax return may not have been top of your priorities on Christmas Day, but that didn’t stop 2,616 taxpayers from filing their Self-Assessment returns on 25 December 2018.

For some taxpayers completing their return on Christmas Day is as traditional as spending time with family and friends or waiting for the Boxing Day sales to start. The peak filing time, according to HMRC, was between 1pm and 2pm, when more than 230 customers filed.

Angela MacDonald, HMRC’s Director General for Customer Services, said:

This year, more than 2,600 taxpayers chose to file their returns on Christmas Day.

Whether you fit it in while cooking the Christmas turkey, or after the kids have gone to bed, or after the Queen’s Speech, our online service is available for you to file your tax return at a time that suits you.

More than 11 million taxpayers are expected to complete a 2017-18 Self-Assessment tax return form by 31 January 2019.

Taxpayers who completed a Self-Assessment tax return last year but didn’t have any tax to pay, they will still need to complete a 2017-18 tax return unless HMRC has written to them to say that it is not required.

And don’t forget, the 31st January filing deadline is also the date that any arrears of self-assessment tax and NIC due for 2017-18 will need to be paid. To add salt to the wound, you may also need to make a payment on account for 2018-19.

Our advice, if you have not yet filed your return, do so as quickly as possible. In this way you can see what any tax payments at the end of the month may be before the due date.

Proposals for consumer protections when companies collapse

The government is to consider new laws to protect consumers who have prepaid for products when a business becomes insolvent.

• Government to consider new laws to protect consumers who have prepaid for products when a business becomes insolvent

• proposed measures will include guaranteeing consumer schemes like Christmas savings clubs can safeguard customers’ money

• reforms are part of the government’s modern Industrial Strategy to ensure markets work in the interests of consumers

New laws to protect consumers who have already paid for products but not received them when businesses go bust will be considered by the government, it was announced Thursday 27 December 2018.

Business Secretary Greg Clark confirmed that during 2019 the government will consult on laws requiring consumer prepayments to be protected in particular sectors. This would further strengthen the government’s ability to respond quickly to problems involving consumers who have prepaid for goods or services before a firm becomes insolvent. Common forms of prepayment include internet orders, the purchase of gift vouchers and money saved in payment schemes marketed as forms of saving like Christmas savings clubs.

If a business running a savings club becomes insolvent, consumers’ money is not protected unlike when it is saved in a UK-regulated bank account. New laws proposed today would see this money safeguarded, with legislation requiring businesses to adopt measures to protect customers against losses – whether that is through trusts, insurance or other mechanisms.

If enacted this announcement by the Department for Business will help to protect consumers who have laid out funds and are waiting for delivery of the relevant goods or services. As much of the concerns of Parliament are Brexit focussed at present it will remain to be seen if meaningful legislative change is completed this year.