Tax

Capital Gains Tax likely to rise

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Tax
Written by Gary Howes   
Thursday, 04 February 2010

Shareholders urged to act now to take advantage of low Capital Gains Tax rates.

 

Shareholders are being urged into taking advantage of the current levels in Capital Gains Tax.

According to corporate tax specialists at law firm Higgs & Sons shareholders should be wary of anticipated rises in Capital Gains tax (CGT) in the future.

With CGT rates as low as 10-18 per cent, now is the perfect time to seriously consider succession planning, according to Susheel Gupta, partner at Higgs & Sons.

Gupta said: “We have already seen income attacked with the new 50 per cent rate, which comes into force in April, and further increases are already announced for April 2011.

“The budget deficit is expected to exceed £170 billion. We can expect more tax rises in the pre-election budget due this March and, almost certainly, significant tax rises in a post election budget. Accordingly, the relatively low capital gains tax rates currently enjoyed are an easy target for the Chancellor.”

Higgs & Sons have suggested that where shareholders have a succession route already in mind, be it to other family members or to a management team, they must ask how long will CGT rates stay as they are.

Gupta adds: “Where the price is right we can structure the deal to crystallise clients’ capital gains tax liability at the current low rates.  In six months time it may be too late.”

Similarly, other simple tax planning measures should be taken to mitigate their tax exposure, advises Susheel. “Business owners are facing a double whammy where turnover is down but tax rates up, but there are simple measures they can take to help them through this situation.”

Ways to minimise tax exposure include:

Ensuring the correct business structure is in place to maximise effective tax rates at business, shareholder and employee level

Accelerating income payments, dividends and/or bonus payments to fall before 6 April 2010 (i.e. whilst the top rate of income tax remains at 40 per cent)

Where possible, dividing share ownership between family members or other business entities to maximise tax reliefs that may be available

Keeping key staff incentivised through the use of tax efficient share schemes while cash flow is tight.

 

 
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