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Dodge Capital Gains Tax with These Approaches:

Updated: Nov 17, 2023

Utilize Your Tax-Free Allowance:

Similar to basic income, you have a tax-free allowance applicable to capital gains tax. Rather than paying 18-28% on the entire property sale sum, you are taxed only on the amount exceeding your tax-free allowance. Currently set at £12,300, this individual allowance means that, for instance, a £20,000 profit on a property sale incurs an 18% tax on £7,700, amounting to £1,386 in capital gains tax. Maximize your allowance to reduce payments and retain more profits. Leveraging your allowance effectively can significantly reduce tax payments and enhance your overall profits.

Explore Joint Ownership:

Given that capital gains tax is assessed at a private level, each property owner enjoys an individual allowance. This implies that joint ownership allows for doubling up on tax-free allowances, resulting in a total of £24,600 in tax-free allowance. Enlisting a spouse or joint venture partner as a co-owner can be a straightforward method to save money, unless they prefer to retain a share of the profits. Consider involving a spouse or joint venture partner as co-owners to maximize tax savings, unless they opt to retain a share of the profits.

Establishing a Limited Company :

An efficient strategy to minimize capital gains tax involves transferring your buy-to-let property to a limited company. This is advantageous because capital gains tax is applicable to individuals but not to companies. By housing your BTL within an LTD, you only incur corporation tax at a rate of 19%. However, this approach is most beneficial for those surpassing the basic income tax band. Basic income earners face an 18% tax rate on residential property gains, while those exceeding the basic tax band contend with a 28% capital gains tax.

If you fall into the latter category, transitioning to a limited company makes financial sense. It's crucial to note that the process of setting up a limited company for property can be intricate, considering various options and company structures. Seeking guidance from an accountant is advisable to navigate these complexities.

Primary Residence Relief:

Capital gains tax can be avoided through primary residence relief, which exempts the sale of a property that was, at some point, the seller's primary residence. This relief allows landlords to claim tax relief for periods when the property served as their primary residence and wasn't rented out. Proving residence during both occupied and rented periods is crucial, as recent changes require evidence of cohabitation with tenants.

Primary residence relief offers a means to avoid capital gains tax if the property being sold was, at some point, your primary residence. Landlords can claim tax relief for the years when the property served as their primary residence rather than being rented out. Proving residency during both occupied and rented periods is essential under recent changes. It's crucial to demonstrate that you lived in the property during tenancy periods to qualify for this relief.

Residency Swapping and the 'Flipping' Process:

Changing the designation of your property as your main residence, known as 'flipping,' can be achieved legally and involves selecting a buy-to-let property expected to be unoccupied for a period. This process, with a mandatory 2-year cooling period between changes, requires thorough documentation, including electoral registration, utility bills, and bank statements.

Changing the residency status of a property, known as 'flipping,' can make it your main residence, thus avoiding capital gains tax. This involves transitioning a buy-to-let property, anticipated to be vacant for a specific period, into your primary residence.

While legal, 'flipping' requires meticulous documentation, including electoral register inclusion, utility bills, and the property address on bank statements. Consult with an accountant before proceeding to ensure compliance and avoid potential tax evasion investigations.

Understanding and Maximizing Deductions

Deductions play a crucial role in reducing capital gains tax liabilities.

Various expenses related to the property can be deducted, such as improvement costs, stamp duty fees, surveying and valuation fees, and estate agent fees. Engaging with an accountant is essential to identify and include all eligible deductions. Renovation expenses, among others, can significantly reduce the overall tax bill. Know Your Deductions To mitigate your capital gains tax liability, take advantage of deductions. Apart from the well-known deductions like renovation costs, consider including expenses such as stamp duty fees, surveying and valuation fees, and estate agent fees. Consulting an accountant ensures that you incorporate all eligible deductions, potentially saving thousands on your tax bill.

In conclusion,

while it's impossible to completely avoid capital gains tax, employing these tips can significantly reduce it. Deductions, in particular, play a crucial role in maximizing profits from property sales. Additionally, seeking professional advice on setting up a company or changing residencies can further optimize your tax strategy. For more detailed information on capital gains tax, explore our comprehensive knowledge centre packed with valuable property insights. Implementing the strategies mentioned above can substantially mitigate the tax burden. Leveraging deductions and exploring options like setting up a company or changing residencies, with the guidance of a competent accountant, can enhance your tax efficiency.

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