UK Emergency Budget 2010
Immediate Capital Gains Tax rate increase for higher rate taxpayers.
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Pre Budget Report – 9 December 2009
Despite many predictions to the contrary, the rate of capital gains tax remained unaltered and the PBR contained very few surprises.
Changes to the Personal Allowance
The basic personal allowance will remain at £6,475 for the 2010/11 tax year. Where an individual’s income is below £100,000 they will continue to be entitled to the full personal allowance. However, where an individual’s income is above the income limit of £100,000, the allowance will be reduced by £1 for every £2 of income in excess of £100,000. Therefore, if an individual has income in excess of £112,950, they will not be entitled to a personal allowance.
A New Top Rate of Income Tax
On 6 April 2010, a 50% rate of income tax is to be introduced for individuals with income in excess of £150,000. Dividends otherwise taxable at this new 50% rate will be taxable at a new rate of 42.5%. Individuals who are likely to be subject to the 50% rate of tax should take specific tax advice in order to ascertain if there is any legitimate tax planning that can be undertaken to mitigate the impact of the new rate.
Mansworth v Jelley
In May 2009, HM Revenue & Customs revised its previous guidance, which was issued following the Mansworth v Jelley (M v J ) court case, on how to calculate the allowable loss on the disposal of shares acquired on the exercise of share options. The revised guidance only applies to share options exercised prior to 10 April 2003. In September 2009 a further briefing notice was issued in order to offer more clarification. This briefing notice provided some examples of when such losses would be available and when they would not. If you believe you have such losses, you should check with your tax adviser to confirm if these losses are still available to you.