Capital Gains Tax

Capital Gains Tax (CGT) is a tax on the profit when you sell or dispose of something (an 'asset') that's increased in value. While it's a fairly straightforward concept, various legal issues can arise in relation to CGT, particularly around its calculation, exemptions, and reporting. Here are some of them:

  1. Determining the Cost Base: One of the major legal issues arises while determining the base cost of the asset. Certain costs that were incurred during the acquisition, enhancement, or disposal of the asset can be included in the base cost, reducing the taxable amount. However, establishing these costs can be complex, particularly for long-held assets or assets that have undergone significant enhancements.

  2. Exemptions and Reliefs: There are various exemptions and reliefs available that can reduce or defer a CGT bill. These include the Principal Private Residence Relief, which typically exempts your main home from CGT, and Small Business Concessions, which can reduce the CGT rate for business owners. Understanding the eligibility and applying for these reliefs can be complicated.

  3. Change of Residence: For individuals who change their tax residence status during the ownership of an asset, determining the CGT liability can be quite complex. This is particularly true for those who move internationally, where tax treaties and dual tax obligations come into play.

  4. Interplay with Inheritance Tax: In certain jurisdictions, there's an interplay between inheritance tax and CGT. For instance, if an asset is inherited, its base cost for CGT purposes may be the value at the date of death, often referred to as the "stepped-up basis." This can be a complex area that requires expert guidance.

  5. Reporting and Payment: Jurisdictions have different rules around the timing of CGT reporting and payment, and there can be significant penalties for non-compliance.

  6. CGT and Divorce: The division of assets during a divorce can potentially trigger a CGT liability. This is another complex area where legal advice is typically required.

Navigating CGT and its potential legal issues can be complex, and often requires professional tax and legal advice to ensure compliance with the law and optimisation of tax liabilities.

How We Can Help

  • Tax laws, including those relating to CGT, can be complex and challenging to understand. We can help you understand these laws, how they apply to you, and what you need to do to comply with them.

  • We can help with tax planning to manage, reduce, or defer your CGT liabilities.

    This could involve strategies such as timing the sale of assets to optimise tax outcomes, using tax-efficient structures for owning assets, or making use of available tax reliefs and exemptions.

  • Before you sell or transfer an asset, we can review the transaction to identify any potential CGT implications.

    We can suggest alternative structures or timing for the transaction that could lead to better tax outcomes.

  • We can help ensure you comply with all tax reporting and payment obligations.

    This involves ensuring you've correctly calculated your CGT liability, and advising on when and how to report and pay your tax.

  • If you're audited by the tax authorities or if there's a dispute over your CGT liability, we can represent you. We can help challenge any incorrect assessments and negotiate settlements.

  • In the context of estate planning, we can help structure your assets in a way that minimizes CGT on inheritance.

    This often involves complex legal strategies and deep knowledge of both tax and inheritance law.

  • If you're dealing with assets in multiple countries, or if you're moving internationally, we can help navigate the resulting complex tax issues.

    This could involve understanding tax treaties, determining which country has the right to tax your capital gains, and planning to minimise your global tax liabilities.