The Budget
2005 - Capital Taxes
Inheritance tax nil
rate band
The inheritance tax nil rate band will increase to £275,000 from
6 April 2005. The nil rate bands have been set for the following two years,
at £285,000 for 2006/07 and £300,000 for 2007/08.
Capital gains tax
annual exemption
The annual capital gains tax exemption for individuals will rise to £8,500
from 6 April 2005. The maximum annual exemption for most trusts will be
£4,250.
Chargeable gains –
temporary non-residents
Individuals who leave the UK temporarily will no longer be able to use
the terms of any double taxation agreement to escape tax on capital gains
arising while they are abroad. The change will affect individuals who
leave the UK after 5 April 2005 and some who leave between 16 March and
5 April 2005.
Under current law, the chargeable gains
of individuals are normally subject to tax if they are not resident and
not ordinarily resident in the UK for fewer than five tax years. This
is charged in the tax year of their return to the UK. It has been argued
that the terms of the tax treaties of certain countries prevented the
Inland Revenue from taxing the gains of individuals resident in those
countries. The Inland Revenue disputes this view, but the new measure
is intended to put the matter beyond doubt. It also covers the position
where individuals are simultaneously resident in two countries.
Chargeable gains –
trustees’ change of residence
An anti-avoidance measure will prevent trustees of settlements from exploiting
the terms of certain double taxation agreements to avoid UK tax on chargeable
gains. With effect from 16 March 2005, it will prevent the terms of any
tax treaty overriding UK capital gains tax law, where the disposal is
made in a tax year in which the trustees are at some time resident or
ordinarily resident in the UK.
Chargeable gains –
location of assets
From 16 March 2005, changes are made to the rules for determining where
certain assets are located for the purposes of tax on chargeable gains.
In particular, bearer shares in companies incorporated in the UK will
be treated as situated in the UK, regardless of where the shares are actually
located. An intangible asset, such as a contract or a right to sue, will
be treated as situated in the UK if it is subject to UK law, unless its
location is covered by existing legislation.
The change will bring such assets within
the scope of capital gains tax for individuals who are resident but not
domiciled in the UK, and who are therefore not generally taxable on gains
on assets located outside the UK. It will also affect non-residents trading
in the UK through a branch, agency or permanent establishment.
Stamp duty land tax
– residential
The threshold for stamp duty land tax on residential transactions is raised
from £60,000 to £120,000 with effect from 17 March 2005. Tax
will be payable at 1% on the whole of the consideration if it is more
than £120,000 but not more than £250,000. There is no change
to the higher threshold of £150,000 for residential transactions
in designated disadvantaged areas. The other rates and bands are unchanged.
Stamp duty land tax
– commercial
Disadvantaged areas relief ends for non-residential land transactions
from 17 March 2005, unless the contract was entered into before that date.
For relief to be preserved, there must be no variation or assignment of
the contract or sub-sale, and the transaction must not be the exercise
of an option or pre-emption right.
Stamp duty land tax
disclosure rules
Rules have been introduced requiring the disclosure to the Inland Revenue
of information about schemes and arrangements intended to avoid stamp
duty land tax on commercial property transactions in the UK with a market
value of at least £5 million. They are similar to the existing disclosure
rules for tax avoidance schemes involving employment or certain financial
products and will take effect from 1 July 2005.
Stamp duty land tax
avoidance
New provisions block several stamp duty land tax avoidance schemes. There
will now be a charge where land is transferred into a partnership and
the transferor takes money out of the partnership within three years.
Other changes affect the claw-back of group relief, acquisition relief,
the grant of new leases where one party is a bare trustee, certain variations
of leases to remove restrictive covenants, the withdrawal of sub-sale
relief where the second transaction is also relieved from tax, the contingent
consideration rules and sale and leaseback transactions.
All the changes take effect from 17 March
2005, except for transactions in pursuance of contracts entered into before
that date, which are unaffected, subject to certain conditions.
Stamp duty land tax
returns
The Inland Revenue valuation agencies will obtain access to information
on stamp duty land tax returns with effect from Royal Assent.
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