← Lessons
CGT: liability, rates, disposals, gains/losses, reliefs & exemptions, trust gains

Capital Gains Tax

A CGT question is three decisions in a fixed order: what's exempt, what rate, what order the losses go in. First, the annual exempt amount of £3,000 comes off the top — the first slice of the year's gains is simply not taxed. Second, the rate: CGT borrows the client's INCOME tax position — gains fill whatever basic-rate band the client's taxable income has left, at 18%, and spill over into 24% beyond it. Before the exam shows you a 'higher-rate CGT' figure, ask what the client's income was; taxing a whole gain at one rate because the client 'is a basic-rate taxpayer' (or ignoring the leftover band because the gain is big) are the two standard wrong answers. Third, losses — and this is where the exam gets its cleanest traps, because the two kinds of loss follow OPPOSITE rules. Current-year losses are compulsory and unprotected: they come off current-year gains in full, first, even where that wastes the annual exempt amount — there is no election to save them. Brought-forward losses are protected: they are used only down to the level of the annual exempt amount, never below it, so nothing carried from the past is wasted covering a gain that was already tax-free. Anticipate the symmetrical mistake before it forms: candidates either give current-year losses the brought-forward protection, or force brought-forward losses to be used in full. Each kind of loss follows the other one's rule in a wrong answer.

£15,000 gain on £30,000 of other taxable income
Gain less the annual exempt amount
15,000 - 3,000 = £12,000
Basic-rate room left after other income
37,700 - 30,000 = £7,700
Gain within that room, at the lower CGT rate
7,700 * 0.18 = £1,386
Rest of the gain at the higher CGT rate
(12,000 - 7,700) * 0.24 = £1,032
Total CGT
1,386 + 1,032 = £2,418

The rate split follows the client's remaining basic-rate band, not the size of the gain: £7,700 of room means £7,700 at the lower rate, whatever the gain is.

Drill this topic Review as flashcards