Press releases
Impact of Emergency Budget on matters affecting private client tax
Jun 25, 2010
Email this article
Printer friendly page
The Emergency Budget presented by the Chancellor on 22 June
was less dramatic than many commentators had expected in terms of matters
affecting private client tax. Partner, Philip Allen comments on the main changes.
Inheritance tax
The Inheritance Tax threshold is going to stick at £325k
until 2015 – so much for the £1m threshold advocated not that long ago by the
Conservatives! Leaving exemptions
unchanged was something the Conservatives before taking power referred to as a 'stealth tax'.
Something Mr Osborne has not changed (which will gladden
HMRC's heart) is the plan to extend anti-avoidance measures to Inheritance Tax
schemes but we have yet to see the details.
Capital Gains Tax
The Capital Gains Tax annual exemption is also remaining the same, at
£10,100 for individuals – another stealth tax.
A big change was expected in the Capital Gains Tax rate but
in the event Mr Osborne went for something more politically acceptable: with
effect from 23 June the basic rate of CGT remains 18% but if the gain, when
added to the taxpayer's income in that year, exceeds the basic rate income tax
band, CGT is charged at 28%. This
remains pretty reasonable in the circumstances but unfortunately the door
remains closed to the re-introduction of taper relief or indexation so unlucky
taxpayers could still find themselves paying CGT on a gain which they have not
really made if it is due simply to inflation.
Entrepreneurs' relief
The lifetime limit for entrepreneurs' relief, which the
former Chancellor had increased to £2m, has been increased with effect from 23
June to £5m – good news for those able to take advantage of it.
Trusts
The CGT annual exemption for trusts remains £5,050 and
trustees (and executors) also face the new 28% CGT rate.
Unsurprisingly the Income Tax rate on trusts stays at 50%
(42.5% for dividends). Politically
it would have been unacceptable to improve this given the (misguided)
perception that trusts are all about tax avoidance. As more enlightened thinkers know, reliable studies have
shown the majority of trusts are created for sensible asset protection
purposes.
Property
A welcome reversal of the policy announced by the former
Chancellor in March is the continuing ability to treat furnished holiday lets
as a trade for income tax purposes. This appears to be subject to some new details which will need to be looked at
carefully.
For those buyers acquiring big ticket properties the Stamp
Duty Land Tax rate is increasing from 6 April 2011 to 5% on properties worth
over £1m.
Many people have been postponing tax planning pending the
outcome of the election and then the Budget. Given the freezing of the Inheritance Tax allowance for many
years to come it must be a good idea to reconsider now making suitable gifts,
perhaps using trusts, to mitigate the impact of this stealth tax.
Top of page