Made a capital gain?

Made a capital gain?

Understanding Capital Gains Tax…

Have you made a gain? There’s a form for that, and we can assist you with it.

 

Have you sold a second home recently? Cashed in on some shares or crypto? Or maybe you gifted something valuable to a loved one?

If you made a profit on anything like this, there’s a good chance Capital Gains Tax (CGT) is lurking and unfortunately, so is HMRC.

 

What exactly is Capital Gains Tax?

Think of it this way: if you bought something like a second property, some shares, or even cryptocurrency and later sold it for more than you paid, the profit you made (the “gain”) is what HMRC wants to know about, and they want to tax it too.

It doesn’t matter whether you pocketed the cash or reinvested it. If there was a gain, there may be a tax bill, and depending on what you sold, when you sold it, and how much you made, the rules can get tricky fast.

 

The deadline you really don’t want to miss

If you sell a UK residential property and CGT is due, you have just 60 days from completion to report it and pay up.

If you miss that window, HMRC will start charging late-filing penalties, plus interest.

For other types of gains, like shares or crypto, you’ll usually report them through your Self-Assessment return.

 

The most common errors we see

You’d be surprised how often people get tripped up. Some think gifting a property to their children means no CGT (not true). Others assume crypto profits are too complicated to track (HMRC disagrees). And many are shocked to learn that just selling a holiday home overseas could trigger a reportable gain, even if they didn’t make that much money from it.

Then there’s the maths. Working out your gain isn’t always as simple as sale price minus purchase price. What about refurbishment costs? Legal fees? Inherited values? Different types of relief? The rules are full of “ifs,” “buts,” and “maybes” and that’s where we come in.

 

So, how can we help?

In short: we take the stress off you. You tell us what you sold, we look at the numbers, make sure you’re claiming everything you’re entitled to, and file the report accurately and on time.

No panic. No surprises. No “uh-oh” moments further down the line.

Whether you’ve sold a rental property, hit the jackpot on crypto, or you’re just not sure whether CGT applies to your situation we’ll talk it through with you, ,making the complex simple’.

 

Next Steps

The best time to speak ETC about Capital Gains Tax is before you sell. But if the clock is already ticking on a recent sale, don’t panic, as we can help you get it sorted quickly and correctly. Get in touch and we will help you out!

 

 

 

Should I transfer my assets into a trust

Should I transfer my assets into a trust

When it comes to planning for the future, one question we hear time and again is:

 

“Should I put my assets into a trust?”

It’s a great question and a surprisingly common one, especially as families become more aware of inheritance tax (IHT) and the need to protect their wealth for future generations. Trusts have long been a feature of estate planning for the wealthy, but they’re no longer just being used by the ‘super rich’. Today, they’re being used by families of all sizes who want to manage their assets more thoughtfully and more tax-efficiently.

But as with most things in tax, it’s not a simple yes or no.

 

What exactly is a trust and why do people use them?

Imagine you’ve worked hard to build up a nest egg, perhaps a family home, some savings, maybe a portfolio of investments. Now imagine you want to pass that wealth on, in your own time. While there are many options, a trust can be a popular one.

A trust is like a protective wrapper around your assets which allows you to:

  • Place specified assets into trust;
  • Appoint trustees to look after those assets;
  • Decide who should ultimately benefit from those assets (whether its your children, grandchildren or someone else entirely)

In doing so, it creates a structure which separates beneficial and legal ownership, giving you control over how and when your wealth is passed on.

On top of this, trusts can also help to reduce inheritance tax.  For example, certain types of trusts allow you to move assets out of your estate, meaning they’re no longer counted when HMRC calculates the IHT bill on your death. If you survive for seven years after the transfer, those assets may fall completely outside your estate, potentially saving your family thousands (or more) in tax.

Many people also use them to protect young or vulnerable beneficiaries, particularly where an outright inheritance might not be wise. Others use them to keep assets in the family, especially in situations involving divorce, remarriage, or business risk. Some simply want peace of mind, knowing their legacy will be handled responsibly, even after they’re gone.

 

So, is it the right move?

It depends and this is where things get interesting.

Transferring assets into a trust can be incredibly valuable, but it isn’t always straightforward. For one thing, the transfer itself can come with tax consequences. You might trigger an immediate charge to inheritance tax if you put too much into a trust at once. There may be capital gains tax implications too, if appropriate reliefs aren’t considered.

Additionally, a trust should never be set up for your own benefit, as this can have adverse tax consequences.

Then there’s the trust itself. It’s not a ‘set it up and forget about it’ arrangement. Trustees have legal duties, tax reporting obligations, and the responsibility of managing the trust’s assets in line with your wishes. Certain trusts also face their own ongoing tax regime including charges every ten years, and when assets are taken out.

That’s not to say any of this is a deal-breaker. Far from it. But it does mean you need to go into it with your eyes open, and ideally, with professional guidance.

 

The right strategy starts with the right advice

Trusts are not about hiding money or avoiding tax. They’re about planning sensibly, thinking ahead, structuring your wealth in a way that reflects your values, and making sure your family is looked after when you’re no longer here to do it yourself.

If you’re worried about inheritance tax, concerned about passing money to the next generation too soon, or simply want more control over what happens to your assets, then a trust might be worth exploring. But it’s not the kind of thing you want to Google your way through.

 

Next Steps

At ETC, we help clients understand whether a trust is the right fit for their estate and if it is, we make sure it’s set up properly, tax-efficiently, and with a clear long-term plan in place.

Every family is different. Every estate is different. And every trust should be tailored to match.

If you want to discuss whether a trust is right for you, do not hesitate to get in touch.

 

Case – Succession Planning for a Family-Owned Business

Case – Succession Planning for a Family-Owned Business

Case of the month – Succession Planning for a Family-Owned Business

 

Introduction

Our clients, a married couple in their late 60s, wished to start passing ownership of their successful family business to their children during their lifetimes to avoid potential disputes after their deaths.

While they were happy to hand over control, they wanted to retain some influence to help guide the company when needed. Their priority was ensuring the process was completed in the most tax-efficient way possible.

 

The Issue

The clients were concerned that, even with clear wills, future disputes over ownership could arise. They wanted to transfer ownership to their children now while maintaining a role to support the business where appropriate.

Additionally, the company wished to incentivise certain existing shareholders by enhancing their share rights.

 

How we solved it

We provided detailed advice on reorganising the company’s share capital. This involved a combination of share buybacks, gifts, and new share issues — all carefully structured to maximise available tax reliefs and minimise exposure to IHT, CGT, IT and CT.

We outlined a clear, step-by-step plan for implementation, worked closely with the clients’ solicitors, and advised on creating a Non-Executive Director (NED) role to preserve the clients’ influence where needed.

 

The outcome

The clients successfully transferred control to their children in a fully tax-efficient manner while retaining an appropriate NED role.

They gained complete clarity on the tax implications and confidence in the robustness of the structure. Key employees were also incentivised through enhanced share rights.
The project was delivered successfully, with close coordination between advisers to ensure all compliance and legal requirements were met.

 

Farmer Christmas: And when the Labour Party Inadvertently Ended Christmas

Farmer Christmas: And when the Labour Party Inadvertently Ended Christmas

Farmer Christmas: And when the Labour Party Inadvertently Ended Christmas

This is a story, not about the big man in red,

No, it’s actually a story about his big brother instead.

So, not the one guided by reindeers eight

But the man who helps put Christmas dinner on your Christmas dinner plate.

His transport more John Deere, than magical beast

Yes, I talk of Farmer Christmas, the brother of which you know the least.

So we pick up this particular tale in a farmhouse kitchen,

Where Farmer Christmas, to his brother, Father Christmas, is bitchin’

His bitchin’ regales the tale of All Hallow’s eve,

And the early arrival of Christmas Grinch, the Rt Honourable Rachel Reeves.

With the just one stroke of her brand new Mont Blanc pen,

She smited family farms and businesses from Wales to the fens.

Only 500 farms would be affected, she told us with redistributive glee

“And let’s face it, most of those will be like Jeremy C”

But the figures are claptrap said Richard Teather of ASI

Indeed, as fabricated as Mrs Reeves very own curriculum vitae.

This is because ‘500’ a year is really 15,000 a generation;

If one also considers BPR, its more like 35,000 – what a revelation!

Further, ongoing farm consolidation, make HMRC’s statistics out of date,

So, you could add, say, 20% to that, meaning 42,000 on the taxing plate.

And lets add to those who plan and make gifts,

63,000 affected say Adam Smith, and so the Government’s credibility drifts.

So when the statistics tree is well and truly shook

What falls from the tree is closer to 70,000 farmers on the hook.

“Yes, yes, yes,” said old Santa Claus

“But what’s this got to do with me?” he says after a short, awkward pause

“Well, excuse me”, said his Farmer bro, aghast

Do I need to arrange a visit from the ghost of Christmas past?

Well, said Father C, with a glint in his eye,

As I remember, as Christmas ghosts go, he’s a real party guy.

“In any event, I view myself as a public service, you see,

It’s not all about turnover, cashflow and profitability.”

He pulled up his belt and stroked his beard,

As if this was the final word, with no others to be heard.

“Yes, that’s fine”, said Farmer C with biliousness

“But who pays for you to spread your Yuletide largesse?”

“Who works 365 days a year to fund your annual trip,

I’ll tell you, a tax base of one, me, the drip!”

“Well, err, there’s no need to go there, as his ruddy faced became ruddier

We don’t need to further drag our family affairs, make them even muddier”

“Well, I think we do”, said Farmer C, a spring starting to spring in his step,

He took a swig of egg-nog for a little extra pep.

“You see, it is my toil on this farm throughout the year,

Which allows you to fill your sled, and spread your Christmas cheer”

“It may be your face on cards, books, films and the like,

But who pays for it? Who greases the wheels of this, well, festive bike.”

He immediately regretted his appalling metaphor (or was it a simile?)

But he wasn’t going to let this elephant in the room rest easily.

“You see dear brother, whilst you’ve lived offshore,

Paying my taxes and eeking out a living, has become a chore.”

Father said “Don’t worry bro, it won’t matter much,

We’ll get through this, in Starmer we trust!”

“No, I implore you dear bro, let there be no confusion

My financial straits are not merely an illusion.”

“Can’t pay the gas or leccy, let alone your ELF 100 Reactor

It’s not as if I can go out and simply sell the tractor.”

“Dear Santa, why can’t you see this is serious?

The Labour Party has pretty much ended Christmas!”

“Don’t fret, don’t worry, it’ll be all right my bro

I’ve made a pile of cash from buying and selling crypto!”

“Bitcoin, ether, DeFI and memes!

I think that crypoassets are in the family’s genes”

“Whilst you’ve been working so hard on the land

I’ve been working smart, making moon money, gettin’ diamond hands”

“Let me get this straight”, said Farmer in despair,

“You’ve been trading crypto? No wonder I’ve lost my hair”.

“Well”, said, Father, hardly making his brother calmer,

We’re both farmers now, it’s just I’m a Yield Farmer!”

Suddenly, at long last, Santa began to read the room

“Well, my tax adviser did call the other day, which lifted the gloom”

He bellowed “Brother, FIGs, FIGs FIGs is exactly what he told me”

The tone in his voice was absolutely bursting with glee.

“You and your figgy pudding predeliction

I’m getting concerned, brother, is this becoming an addiction?”

“No ho ho”, said Father C with a rioutous shout

“It’s the new foreign income and gains tax regime I’m talking about.”

“You see, I’ve been in Lapland so long my dear

And I might have frostbite where you’d rather not hear.”

“But this new announcement is really da bomb

I’ll no longer even have to pretend to be non-dom”

“So”, said Farmer C, with little festive cheer

“Let me get this straight, you’re moving back HERE…”

“Yes, maybe, I can bring my foreign income and gains, isn’t it great,

Without the taxman taking anything from my plate!”

“I can help you on the farm. Callooh! Callay!

I’ll bring the elves and reindeers to help pay our way.”

“But, but, but” sighed Farmer with his head in his hands,

“Have you not seen Rachel Reeves other confiscatory plans”

“If we do this, we’ll now get rinsed for N.I.C,

And, with Angela Rayner’s Employments Rights Bill, things will be really iffy.”

“Ok, dear brother, we can park that for now,

But I want to help, please tell me how?”

“Well, do you still keep the naughty list for a start?”

“Oh yes, upgraded it to a naughty contract using Ethereum… now it’s smart.”

“Perhaps then, on it Rachel Reeves’ name you can pop”

“Sure, my bro, I’ll make sure she’s there, right at the top”

“Did I say”, said Santa, “I’m getting stung for IHT don’t you know?”

“On my Santa Invested Personal Pension, which has just started to grow.”

“You have a SIPP?” said Farmer, surprise etched on his face

“Yes,” responded Father, “I set it up with St Nick’s Place”

“But don’t you need to have some actual earnings to fill up the pot?

I know my funding is pretty all that you’ve got”

“Ah”, said Father C, tapping his nose

“Tips! Mince pies, whisky etc I get plenty of those”.

“But mince pies and glasses of scotch?

How do you turn those into cash? Is this a YouTube I gotta watch.”

“Well, I scoop up the bounty in my magic sack,

And I put it in my sleigh and to Lapland I take back”

“On the trip the mince pies are boxed and the whisky casked,

How it happens? Well, that, dear brother, I’ve never asked”

“But then we go online and we sell it all on E-Bay

The E stands for Elf, (despite what they might say)”

“So its magically bottled and boxed in your sack,

And you sell it on the market, a market that’s black?”

“Not black, no, no, no, it’s more like Elfish Green

I’ll tell you, you have to believe it, for it to be seen”

“Well, I’d don’t want to spoil your pecuniary ruse,

But I’m pretty sure that’s getting close to tax abuse”

“Well, funny you say that, I’ve I had an enquiry, but I’m fine,

A lovely inspector opened it under COP9”

“He wanted to check the source of my funds

Broadly, was tax due on these ex-gratia festive bungs?”

“But he decided they weren’t subject to a levy,

Though he was interested in the profits from selling the pies and bevvies”

“I persuaded him to that there was no truth (not even a grist)

And if he didn’t accept that, he’d be straight on the naughty list

And with that, the Christmas brothers, were reunited as a pair,

Proving nought thicker than blood and, well, mutual taxation despair.

They drank and they laughed adding Reeves and Starmer to the naughty list

They drank and laughed some more until they were totally p….

And so comes to an end this story rhyming, long and tall

All’s that’s left for Tax Dog to say is…

… “Merry Christmas one and all”.

By Tax Dog

FIC

Your FIC webinar was excellent. Concise, well organised, and well presented.

L Gould

Brodies LLP Solicitors