Capital Gains Tax rules explained - and new rules after the Budget (2024)

Capital Gains Tax rules explained - and new rules after the Budget (1)

Capital Gains Tax: What it is, when you have to pay and new rules after the Budget (Image: GETTY)

Capital Gains Tax (CGT) is a vital part of taxation in the UK that impacts people who sell assets, such as property, stocks, or businesses at a profit.

Personal allowances for this tax began shrinking last April, and this trend is expected to persist into the next fiscal year, drawing more individuals into its scope.

According to the latest HMRC figures, Capital Gains Tax receipts surged to £11.4 billion in January following last year's reduction in allowances.

However, Chancellor Jeremy Hunt announced the rate of taxation on property will change from April 6 in a move aimed at boosting the troubled housing market. Subsequently, people will be able to make a saving.

Here’s a rundown of everything you need to know about Capital Gains Tax now - and what you can expect after the Spring Budget.

READ MORE: House prices rise for fifth consecutive month - but not in this one area

What is Capital Gains Tax?

Capital gains tax (CGT) is a tax levied on the profit people make when selling an asset.

While it's commonly linked with property sales, CGT also applies to many other types of sales, such as stocks and businesses.

The “gain” is the amount that is taxed, not the amount of money a person receives. For example, someone who bought a painting for £5,000 and sold it later for £25,000, would have made a gain of £20,000 (£25,000 minus £5,000).

When do you have to pay Capital Gains Tax?

CGT typically applies when a person sells or disposes of an asset that has increased in value since they purchased it.

This can include selling a second home, shares, or even valuable personal possessions.

However, not all assets are subject to CGT. For instance, a person’s primary residence is usually exempt from CGT under the Principal Private Residence (PPR) relief scheme, provided certain conditions are met.

Capital Gains Tax allowances

People only have to pay Capital Gains Tax on the overall gains above their tax-free allowance, which is called the Annual Exempt Amount.

Currently, the Capital Gains tax-free allowance is:

  • £6,000 (down from £12,300 in 2022/23)
  • £3,000 for trusts (down from £6,150 in 2022/23).

These rates are set to halve again on April 6, bringing the annual allowance down to £3,000.

Capital Gains Tax rates

People pay a different tax rate on gains from residential property than they do on other assets. This rate changes based on a person’s income tax band.

The rate for basic rate taxpayers depends on the size of their gain, their taxable income and whether their gain is from residential property or other assets. The rate for this band ranges between 10 percent (18 percent on properties) and 20 percent (28 percent on properties).

People who are higher or additional rate taxpayers pay 28 percent on their gains from residential property. Meanwhile, a 20 percent charge is applied gains from other chargeable assets.

However, some of these rules will change in the next tax year.

What are the new Capital Gains Tax rules after Spring Budget?

In efforts to “support the housing market”, Chancellor Jeremy Hunt announced the higher rate of Capital Gains Tax on property will be cut from 28 percent to 24 percent from April 2024.

The lower rate will remain at 18 percent for any gains that fall within an individual’s basic rate band. This measure aims to “encourage” landlords and second homeowners to sell their properties, thereby increasing availability for a diverse range of buyers, including first-time buyers.

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Additionally, it is anticipated to generate increased revenue over the forecast period.

Private Residence Relief will remain in place, meaning the vast majority of residential property disposals will pay no CGT.

Shaun Moore, tax and financial planning expert at Quilter, described the move as “welcome relief” for those who own a second home or an investment property and plan to sell it in the next year.

Mr Moore said: “This means a higher-rate taxpayer making a gain of £20,000 on their second home will pay £4,080 in CGT, after deducting the £3,000 CGT allowance. This is £680 less than what they would have paid under the previous regime, which would have charged them £4,760.”

However, he noted: “The new rate does not apply to the entire gain if it straddles the basic rate and higher rate bands. For example, someone who earns £45,000 and makes a gain of £20,000 on their second home will pay £3,763 in CGT, after deducting the £3,000 CGT allowance.

“This is because they will pay 18 percent on the portion of the gain that falls within the basic rate band (£5,270) and 24 percent on the portion of the gain that falls within the higher rate band (£11,730).”

He added: “The Government hopes that this measure will stimulate the property market, however with the abolition of the holiday letting regime, for some, it will be a case of robbing Peter to pay Paul.”

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    How to mitigate Capital Gains Tax

    There are many ways to mitigate a heft CGT bill, such as using up allowances and investing funds in ISAs.

    Laura Suter, director of personal finance at AJ Bell, said: “If you have investments outside a tax wrapper, the savviest move is to transfer that money into an ISA, or into a pension if you can afford to tuck it away for longer.

    Ms Suter continued: “For those sitting on large capital gains you can sell assets to realise a gain up to your remaining tax-free allowance and then buy it back within your ISA, which means you’ll make use of the tax-free allowance and protect any future gains from the taxman.

    “You can use your platform’s Bed and ISA service, just make sure you check the deadline, which is usually a few working days before the tax year-end.”

    People can also transfer assets to a spouse, as these are exempt from the tax.

    Ms Suter explained: “This means that if your spouse hasn’t used up their tax-free allowance this year and has some ISA allowance remaining, you can make use of those tax breaks. You just need to make sure you keep a note of the original cost of the asset, as that’s what will be used when your partner comes to sell it.

    “If your spouse is in the basic rate income tax bracket but you’re a higher or additional rate taxpayer, there’s a double benefit, as they will pay capital gains tax at a lower rate.”

    Additionally, people could use pension contributions to drop an income tax band. Ms Suter said: “This means that the rate of capital gains tax you pay could be lower if it means you are no longer a higher-rate taxpayer.

    “This is a particularly handy trick if you’ve only just tipped over into the next tax band, meaning a small pension contribution would bring you under the threshold.”

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    Capital Gains Tax rules explained - and new rules after the Budget (2024)

    FAQs

    Do you have to pay capital gains after age 70? ›

    Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the “tax basis.”

    What is the new law on capital gains? ›

    Net capital gains are taxed at different rates depending on overall taxable income, although some or all net capital gain may be taxed at 0%. For taxable years beginning in 2023, the tax rate on most net capital gain is no higher than 15% for most individuals.

    Who is exempt from capital gains tax in 2024? ›

    Capital gains tax rates for 2024
    Long-term capital gains rateTaxable income
    SINGLE FILERS
    0%$0 to $47,025
    15%$47,026 to $518,900
    20%$518,901 or higher
    5 more rows
    May 7, 2024

    What is a simple trick for avoiding capital gains tax on real estate investments? ›

    Use a 1031 exchange for real estate

    Internal Revenue Code section 1031 provides a way to defer the capital gains tax on the profit you make on the sale of a rental property by rolling the proceeds of the sale into a new property.

    What is the one time capital gains exemption? ›

    You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly. The exemption is only available once every two years. But it can, in effect, render the capital gains tax moot.

    At what age is there no capital gains tax? ›

    For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

    What is Biden doing with capital gains? ›

    If the Biden plan passes, for the taxpayers caught by the new rule, here are the combined state and federal rates taxpayers might pay on their capital gains: California: 57.9% New York: 55.5% New Jersey: 55.5%

    What is the 6 year rule for capital gains tax? ›

    Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they move out of their PPOR and then rent it out. There are some qualifying conditions for leaving your principal place of residence.

    How do I avoid capital gains on sale of primary residence? ›

    Sale of your principal residence. We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years. In addition, you may only have one home at a time.

    Are capital gains added to your total income and put you in a higher tax bracket? ›

    That depends on whether the capital gains are long term or short term. The profit made on assets sold after a year may push you into a higher capital gains tax bracket but will not affect your ordinary income tax bracket because such gains are not treated as ordinary income.

    How to pay 0 capital gains tax? ›

    For the 2024 tax-filing season, the 0% rate on long-term capital gains – any asset held for longer than a year – can be applied to taxable income of $44,625 or less for single filers and $89,250 or less for married couples filing jointly.

    Who can use the lifetime capital gains exemption? ›

    It provides an exemption for small business corporation owners who sell shares of their company. It allows them to keep the profits from qualifying sales — up to a certain amount — so that they can use the money for retirement, future investments, or to create an estate for inheritance purposes.

    How do I reinvest without paying capital gains? ›

    A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

    How do house flippers avoid capital gains? ›

    The way to postpone capital gains tax on real estate is to exchange your land or property for like-kind property. The transaction is known as a 1031 exchange, according to Section 1031 of the Internal Revenue Code. If your property qualifies for a like-kind exchange, your tax liability gets deferred.

    How to avoid capital gains tax over 65? ›

    How Can People Over 65 Reduce Their Capital Gains Taxes?
    1. Invest in a Qualified Charitable Distribution (QCD): A QCD is made directly from an IRA to a qualified charity. ...
    2. Use the Capital Loss Carryover: If you have selling losses in the current year, you can use them to offset capital gains and reduce the tax burden.
    Mar 17, 2024

    At what income do you not pay capital gains? ›

    For the 2024 tax year, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or less. The rate jumps to 15 percent on capital gains, if their income is $47,026 to $518,900. Above that income level the rate climbs to 20 percent.

    How much can a 70 year old earn without paying taxes? ›

    If you are at least 65, unmarried, and receive $15,700 or more in nonexempt income in addition to your Social Security benefits, you typically need to file a federal income tax return (tax year 2023).

    Do you have to pay capital gains when you inherit a house? ›

    You do not automatically pay taxes on any property that you inherit. If you sell, you owe capital gains taxes only on any gains that the asset made since you inherited it. You may want to talk to a professional advisor to make sure you plan your finances out correctly with the capital gains tax in mind.

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