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Taxable Gain Relief and Capital Gain Calculation for Max and Lucy

Proposed Capital Transactions

Case

Max and Lucy reduced their interest in business and also planned to concentrate on major passion in life, goal. They both falls under higher tax brackets. It is proposed that neither Max nor Lucy will make any other capital transactions during the year 2020-21. Accordingly, chargeable gain relief and capital gain tax payable are computed for year 2020-21.

Proposed capital transaction:

Max decided to gift his advertising business in August 2020, to his daughter. Max decided to sell building to her for 75,000 pounds. The cost value of building was 60,000 pound and value at August ,2020 was 1,50,000 pounds. Partial Relief of 15,000 pound shall be available to Max and taxable gain shall be 75,000.

The value of Goodwill at August ,2020 was 70,000 pounds. Full Relief of 70,000 pound shall be available to Max and taxable gain shall be 0.00. The gain involved in transfer shall be 70,000 pounds

No gain in case of transfer of plant of machinery as the value on August ,2020 is 5,000 pound which is less than the involved cost price which is 7,500 pounds. The same is disposed at loss.

Net current asset transfer is an exempt transfer no taxable gain and relief shall be available accordingly.

If Max decided to sell his 100% shareholding in a publishing company for value 2.5million pound in the month of September ,2020, the same is acquired for pound 2,00,000. The gain value shall be 2.3million pound. The tax value 230,000 which shall be an entrepreneur relief to Max.

Chargeable Asset

 

Freehold Premises

1100000

Goodwill

875000

Plant & Machinery

55000

Investment

70000

 

2100000

Business Asset

 

Freehold Premises

1100000

Goodwill

875000

Plant & Machinery

55000

 

2030000

Max proposes to sell his local shop for 2,70,000 pounds, acquired its freehold in year 2000 for 30,000 pounds. A new shop was acquired in Wentworth for 2,30,000 pound in December ,2019. The gain value shall be 2,40,000 and the tax value 24,000 which shall be an entrepreneur relief.

Market value of Lucy engineering business 130,000 pound and the cost price involved for same is 89,000 pounds. The gain value is pound 41,000.

Accordingly gain on goodwill value is 80,000 pounds.

Market value of plant and equipment 35,000 pound and the cost price involved for same is 20,000 pounds. The loss value is pound 15,000.

Accordingly total gain which arises 106,000

The tax involved (106,000*10%) =10,600 which is a taxpayer relief.

Max and Lucy jointly hold the house for a period of 336 months from 1st June ,1992 to 31st May ,2020.

Actual and deemed period of stay of Max and Lucy is computed below:

 

Actual

Deemed

absent

Total

1 June 1992 to 30 Nov 2000

102

0

0

102

1 Dec 2000 - 30 April 2002

0

17

0

17

1 May 2002- 31 Jan 2006

45

0

0

45

1 Feb 2006- 31 July 2019

0

36

6

42

1 August 2009 - 31 May 2015

70

0

0

70

1 June 2015- 31 May 2020

0

9

51

60

 

217

62

57

336

Analysis for Max's Shareholding in a Publishing Company

Sale value of the house pound 650,000. The cost value involved 43,000. Gain which arises from sell is 607,000. PPR relief shall be available on gain value which is total gain value /total period *(Actual+ Deemed period) =504,027 pound

Letting Relief available with respect to gain value:

Letting Relief

 

Used Amount

Lower of

   

PPR Relief

504027

 

Fixed Amount

40000

 

Gain on letting

10839.3

10839.3

(6/336*607000)

   

 On the basis of above analysis, the taxable income from sale of house in Dirham

Particular

Amount

Sale Consideration

650000

Cost

43000

Gain

607000

PPR Relief

504027

letting Relief

10839

Taxable Income

92134

As the property was jointly hold, the gain shall be shared equally between Max and Lucy.

Kirsty father died on 19th January ,2020 leaving behind a sizeable estate.

The value of gift after deduction of exemptions is as follows:

Year

 

Value before AE

AE for current year

AE for previous year

Value after AE

2016

Gift To daughter

311000

3000

3000

305000

           
 

20000(325000-305000) @ 0%

0

     

Particulars

 

Allowance

Taxable

Family Home

          7,00,000.00

               1,75,000.00

                 5,25,000.00

Sole Trade Business

          2,36,000.00

 

                 2,36,000.00

Quoted Share Portfolio

          3,40,000.00

 

                 3,40,000.00

Cash

          2,60,000.00

 

                 2,60,000.00

Painting (see below)

              45,000.00

 

                     45,000.00

Personal Chattels

          1,00,000.00

 

                 1,00,000.00

     

               15,06,000.00

Allowance Left

   

                     20,000.00

Taxable Estate

   

               14,86,000.00

Tax

   

                 5,94,400.00

Transfer of family home valued at 700,000 will be entitled for an allowance of 175,000. Therefore (700,000-175,000) will be a taxable amount on family home transfer.

As per above analysis the total value of taxable estate is 14,86,000.00 after deduction of allowance of 20,000. The tax is charged at 40% on taxable estate. The tax value is 594,400.

As per above analysis the total tax which is due on Fred’s estate as a result of his death 594,400. Personal dealing with estate shall pay the involved requisite tax which is to be paid on date of transfer

Case

Mr W Payne has been in business and for same accounts are prepared each year to 30th June. He holds shares in UK companies and is regular in receipt of dividend from such company. The final tax which is to be paid by Mr. W Payne for year 2020 and 2021 if relief under s64 is claimed or another alternative no relief is claimed under s64.

Option 1

If Relief U/S 64 is claimed

Option -1 Relief U/s 64 Claimed

Sly No

Particular

2019

2020

1

Estimated Profit

-23000

33600

2

Dividend

25000

20000

3

Net Income

2000

53600

4

Personal Allowance

-2000

-12500

5

Taxable Income

0

41100

6

Tax

   
 

Non-Saving Income

 

4220

 

Dividend

 

1026

 

Total Tax

 

5246

The estimated loss involved in year 2019 will be adjusted with same year income if any. Like in above case Mr W Payne estimate loss in year 2019 is adjusted with dividend income. The maximum personal allowance which is allowed for a year:

  • 12,500 pounds
  • Maximum net income value        

 Lower of the two

In year 2019, personal allowance 2000 is allowed as deduction to compute the taxable income and in year 2020, 12,500 is allowed as deduction from net income value.

Therefore non -saving income is taxable @20 % which excludes dividend value. In year 2019 the value is zero.

In year 2020 Non saving income = (taxable income -dividend value) *20% =4220

                       Tax on dividend aspect = (20000-2000) *5.7%=1026

Therefore, tax involved = (4220+1026)

=5,246, if relief under section 64 is claimed.

Option -2 Relief U/s 64 Not Claimed

Sly No

Particular

2019

2020

1

Estimated Profit

0

33600

2

Carry Forward of Loss

 

-23000

3

Dividend

25000

20000

4

Net Income

25000

30600

5

Personal Allowance

-12500

-12500

6

Taxable Income

12500

18100

 

Tax

   
 

Non-Saving Income

   
 

Dividend

787.5

1207.5

 

Total Tax

787.5

1207.5

If relief is not claimed than loss of year 2019 will be adjusted in year 2020 income. The personal allowance maximum benefit can be taken for both years.

Therefore non -saving income is taxable @20 % which excludes dividend value. In year 2019 and 2020 the value is zero.

In year 2019 and 2020 Non saving income = (taxable income -dividend value) *20% =0

                 2019      Tax on dividend aspect = (12500-2000) *7.5%=787.5

                 2020      Tax on dividend aspect = (18100-2000) *7.5%=1207.5

Therefore, tax involved = (787.5+1207.5)

                                        =1,995, if relief under section 64 is not claimed.

Therefore, better is option 2 the tax involved is much less as compared to option 1. The difference involved = (5246-1995) = 3251.

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