{"id":1127,"date":"2011-01-10T16:54:27","date_gmt":"2011-01-10T15:54:27","guid":{"rendered":"http:\/\/esmartproducts.co.uk\/?p=1127"},"modified":"2011-01-10T16:54:27","modified_gmt":"2011-01-10T15:54:27","slug":"make-time-to-review-your-personal-tax-position","status":"publish","type":"post","link":"https:\/\/www.suretyfp.com\/wordpress\/?p=1127","title":{"rendered":"Make time to review your personal tax position"},"content":{"rendered":"<h3>Essential planning to beat the 5 April 2011 deadline<\/h3>\n<p><strong>Despite the current economic uncertainty as to what the  future holds, pressure will continue for increased rates of  taxation.\u00a0This will be further fuelled by the disparity in rates of  taxation, particularly for income and capital gains. We can\u2019t   over-emphasise the importance of tax planning at an early stage. <\/strong><\/p>\n<p>Ideally you should commence your tax planning before the year  even starts but after that, the earlier the better. The current 2010\/11  tax year ends on 5 April and if you haven\u2019t done so already, now is the  time to start assessing how you could trim a potential tax bill.<\/p>\n<p>Wherever the terms \u2018spouse\u2019, \u2018spouses\u2019 or \u2018married couple\u2019 are  used, these also apply to same sex couples who have entered into a civil  partnership under the Civil Partnership Act as well as to a  husband-and-wife married couple.<\/p>\n<p><strong>Income splitting between spouses<\/strong><br \/>\nMarried couples in 2010\/11 could potentially make tax savings by  reducing or eliminating higher rate tax liabilities, achieved by  reviewing the split of income between spouses.<\/p>\n<p>It may be possible to save significant amounts of tax where  assets on which investment income arise are transferred from a higher  tax rate paying spouse to a lower tax rate paying spouse or to one with  no income.<br \/>\nFor a redistribution of income to be effective, there must be an  unconditional and outright transfer of the underlying asset that gives  rise to the income. This means that tax savings may not immediately  arise following an asset transfer between spouses until new income  arises.<\/p>\n<p><strong>Examples of tax savings:<\/strong><br \/>\nMoving \u00a343,000 of investment income from a 40 per cent  tax-paying spouse to one with no income could generate a saving of up to  almost \u00a310,000 in 2010\/11.<br \/>\nA gross dividend of \u00a350,000 arising to an additional tax rate  paying spouse means an additional tax bill (after taking the 10 per cent  tax credit into account) of \u00a316,250 compared to only \u00a311,250 for a 40  per cent tax rate paying spouse, providing \u00a35,000 of tax savings.<\/p>\n<p>Moving \u00a310,000 of investment income from a spouse whose income  is expected to be between \u00a3100,000 and \u00a3112,950 to a non tax-paying  spouse saves \u00a36,000 due to the recovery of personal allowance as well as  the higher rate tax saving.<\/p>\n<p>These high levels of tax saving are unlikely to be possible for  many but savings can still be made by much smaller transfers of income.  Moving just \u00a31,000 of savings income from a 40 per cent higher rate  tax-paying spouse to one with income below the personal allowance  (\u00a36,475) may save \u00a3400 this tax year.<\/p>\n<p><strong>Jointly owning assets<\/strong><br \/>\nIncome arising from assets owned jointly but in unequal shares  is automatically taxed in equal shares unless a declaration on Form 17  is made to HM Revenue &amp; Customs (HMRC) stating that the asset is  owned in unequal shares. The election must be made before the income  arises. This could be particularly relevant for a property investment  business producing rental income, so consider such a declaration when a  new jointly owned asset is acquired.<\/p>\n<p>The exception to this rule is dividend income from jointly  owned shares in \u2018close\u2019 companies, which is split according to the  actual ownership of the shares. Close companies are broadly those owned  by the directors or five or fewer people.<\/p>\n<p>Income tax savings may also be made if you are self-employed.  For example, your spouse could be taken into partnership or employed by  the business. Alternatively, a spouse could be employed by the family  company. However, in each case, the level of remuneration must be  justifiable and payment of the wages must actually be made to the  spouse.<\/p>\n<p><strong>Using a child\u2019s allowance<\/strong><br \/>\nChildren have their own allowances and tax bands. Therefore it  may be possible for tax savings to be achieved by the transfer of  income-producing assets to a child. Generally this is ineffective if the  source of the asset is a parent and the child is under 18. In this case  the income remains taxable on the parent unless the income arising  amounts to no more than \u00a3100 gross per annum.<\/p>\n<p><strong>The 65 and overs<\/strong><br \/>\nTaxpayers aged 65 and over are able to claim higher personal  allowances. The benefit of these allowances is eroded where income  exceeds \u00a322,900. In such circumstances a move to capital growth or  tax-free investments may preserve the higher personal allowances.<\/p>\n<p><strong>Capital Gains Tax (CGT)<\/strong><br \/>\nEach individual has an annual exemption for CGT purposes. This  is \u00a310,100 for 2010\/11. You should review your chargeable assets and  consider selling before 6 April 2011 to utilise the exemption.<\/p>\n<p>Bed and breakfasting (sale and repurchase overnight) of the  same class of shares is no longer tax effective. However, sale by one  spouse and repurchase by the other, or sale outside an Individual Saving  Account (ISA) allowance and repurchase inside, may achieve the same  effect. This can be done either to utilise the annual exemption or to  establish a capital loss to set against gains.<\/p>\n<p>Children may use their own annual exemption and take advantage  of this by investing for capital growth. So with some careful planning  this could lead to a \u00a310,100 of gain per family member being realised  every year tax-free.<\/p>\n<p><strong>A split tax year<\/strong><br \/>\nThis year is unique in that there is a split tax year position in relation to CGT.<\/p>\n<p><strong>Before 23 June 2010<\/strong><br \/>\nCertain qualifying business gains were eligible for an effective  10 per cent tax rate where Entrepreneurs\u2019 Relief (ER) was available.<\/p>\n<p>Other gains were charged at a flat rate of 18 per cent.<br \/>\nThe ER lifetime limit available covers the first \u00a32m of eligible gains.<\/p>\n<p><strong>From 23 June 2010<\/strong><br \/>\nCertain qualifying business gains are charged at 10 per cent where ER is available.<\/p>\n<p>CGT of 18 per cent or 28 per cent will apply to any other chargeable gains once the annual exemption has been used.<\/p>\n<p>Both the annual exemption and capital losses can be allocated to minimise an individual\u2019s CGT liability.<\/p>\n<p>The 18 per cent rate will only be available for gains when an  individual is deemed to have basic rate band available after taking  income and business gains into consideration.<\/p>\n<p><strong>Other considerations <\/strong><br \/>\nIf you have two homes you may be able to make elections to maximise the \u2018main residence\u2019 exemption.<br \/>\nIt may be possible to establish capital losses for use by making  a claim where assets no longer have any value &#8211; a \u2018negligible value\u2019  claim.<\/p>\n<p><strong>Family companies<\/strong><br \/>\nA director\/shareholder of a family company can extract profits  from the company in a number of ways. The two most common are by way of  bonus or dividend. For every \u00a31,500 retained by a 40 per cent higher  rate tax-paying individual, the cost to the company is \u00a32,000 if a  dividend is paid and \u00a32,266 if a bonus is paid.<\/p>\n<p>This assumes the company is liable to corporation tax on its  profits at the small companies\u2019 rate of 21 per cent. There are other  factors that may affect a decision to pay a dividend, including ensuring  there are sufficient distributable profits. However, paying a dividend  can often result in significant tax savings.<\/p>\n<p><strong>Giving to charity <\/strong><br \/>\nTo encourage charitable giving, the government has created a  number of ways of securing tax relief on charitable donations. Gift Aid  is the most common method and applies to cash charitable donations large  or small, whether regular or one-off. The charity currently claims  basic rate tax of 20 per cent back from HMRC plus a further 2 per cent  supplement.<\/p>\n<p>For the individual donor who is a higher rate tax payer, a cash  gift of \u00a378, (\u00a3100 for the charity due to 22 per cent rebate) only  costs \u00a358.50, due to the additional 20 per cent tax relief of \u00a319.50.  Always remember to keep a record of any gifts you make.<\/p>\n<p>It may also be possible to make gifts of quoted shares and  securities or land and buildings to charities and claim income tax  relief on the value of the gift. This may be tax efficient for larger  charitable donations.<\/p>\n<p><strong>Individual Savings Accounts (ISAs)<\/strong><br \/>\nISAs are a tax-efficient form of investment and income and capital  gains are tax exempt. Maximum annual limits apply so to take advantage  of the limits available for 2010\/11; the investment(s) must be made by 5  April 2011. The rules allow a maximum investment in one cash ISA of  \u00a35,100 or a stocks and share ISA of \u00a310,200. However, if you want to  invest in both, then the investment should be capped so that overall you  do not exceed the \u00a310,200 limit. 16- and 17-year-olds are able to open a  cash ISA only.<\/p>\n<p><strong>Pensions<\/strong><br \/>\nThere are many opportunities for pension planning but the rules can be complex in certain circumstances.<\/p>\n<p>Individuals can obtain tax relief on contributions up to \u00a33,600  (gross) per year with no link to earnings. This makes it possible for  non-earning spouses and children to make contributions to pension  schemes.<\/p>\n<p>Tax relief for further contributions is available on up to 100  per cent of earnings as long as this does not exceed the annual  allowance (currently \u00a3255,000).<\/p>\n<p>Earnings include pay, benefits and trading profits and are generally referred to as \u2018net relevant earnings\u2019.<br \/>\nThe rules include a single lifetime limit (\u00a31.8m for 2010\/11) on  the amount of pension saving that can benefit from tax relief. This  lifetime limit is measured when pension benefits are taken. In last  years Emergency Budget, the government announced the reduction of the  annual allowance to \u00a350,000 with effect from 6 April 2011.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Essential planning to beat the 5 April 2011 deadline Despite the current economic uncertainty as to what the future holds, pressure will continue for increased rates of taxation.\u00a0This will be further fuelled by the disparity in rates of taxation, particularly for income and capital gains. We can\u2019t over-emphasise the importance of tax planning at an&#8230;  <a class=\"excerpt-read-more\" href=\"https:\/\/www.suretyfp.com\/wordpress\/?p=1127\" title=\"ReadMake time to review your personal tax position\">Read more &raquo;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1127"}],"collection":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1127"}],"version-history":[{"count":0,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1127\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}