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ACCA Strategic Professional · Advanced Taxation (UK)

CGT Exemptions and Reliefs for ATX-UK: Deferring and Minimising Tax

This chapter covers how to reduce or postpone capital gains tax using exemptions and reliefs. You identify the gain, pick the relief whose conditions are met, calculate the effect, and advise on the rate, the annual exempt amount and the payment deadline. Use the tax tables for rates and limits.

What this chapter covers

This chapter is about planning. You are not just computing a gain. You are asked how to cut it, defer it or move it to a cheaper rate. The reliefs covered are business asset disposal relief, investors' relief, gift holdover, rollover, incorporation relief, share reorganisations, EIS and SEIS deferral, and the private residence and chattel exemptions.

The chapter links to many other areas of ATX-UK. Business owners need it alongside income tax and corporation tax on incorporation or sale of a company. Inheritance tax questions often involve a gift that is also a CGT disposal, so holdover relief appears on both sides. Trusts, overseas aspects and owner-managed business planning all use these reliefs.

Questions are scenario based. You may be asked to compare two options, such as a sale now against a gift, or a sale of shares against a sale of assets. Marks go for correct conditions, correct figures and a clear recommendation. Professional skills marks reward a well-organised answer that fits the client.

CGT reliefs are a frequent theme in both the Section A case study and the Section B questions, because they test conditions, calculations and advice together. The tax tables give you the rates, annual exempt amount and relief limits, so marks come from knowing which relief applies and why. Candidates who list a relief without checking its conditions lose easy marks. Candidates who apply it correctly, quantify the saving and advise on risks score well on both technical and professional skills marks.

Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities: topics in the order to study them

  1. 1CGT Rates, Annual Exempt Amount and Loss PlanningEvery later relief is measured against the rates and annual exempt amount, so learn the base calculation and how losses are used first.
  2. 2Business Asset Disposal Relief and Investors' ReliefThese reduce the rate on qualifying gains and use a lifetime limit, so they build directly on the rates.
  3. 3Gift Holdover Relief and Rollover ReliefThese defer gains rather than reduce the rate, and they are the most common planning reliefs for business assets.
  4. 4Incorporation Relief and Share ReorganisationsBoth defer gains through a change in the form of the asset and rely on the deferral ideas from holdover and rollover.
  5. 5Reinvestment Reliefs: EIS and SEIS DeferralThese are investor-side deferrals with tight conditions, best learned once the other deferral reliefs are clear.
  6. 6Exemptions: Principal Private Residence, Chattels and Gifts to CharityThese remove gains, or treat a genuine gift to charity as made at no gain and no loss. On a sale to a charity at an undervalue, the disposal is treated as made at no gain/no loss only if the proceeds do not exceed the allowable cost. Otherwise a gain arises. It is the proceeds received less only the part of the allowable cost relating to the part sold, that is allowable cost × (proceeds ÷ market value). Check these against the reliefs already learned when advising.
  7. 7CGT Administration, Interest and Payment DeadlinesThis finishes the chapter by covering when tax is due and what interest applies, which supports the advice in every answer.

How to prepare Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities

Treat this chapter as a set of tools with conditions. Your aim is to choose the right tool, prove the conditions are met, and show the saving.

  1. Learn the CGT rates, annual exempt amount and relief limits from the tax tables, and practise finding them fast in the exam.
  2. For each relief, write a one-page card: what it does, who qualifies, the conditions, the limit and the effect on the base cost or gain.
  3. Do short calculations for each relief on its own until the workings are automatic, including the lifetime limit for business asset disposal relief.
  4. Practise comparison questions, such as sale against gift, or asset sale against share sale, and end each with a clear recommendation.
  5. Work full past scenario questions under timed conditions and check that you have tested every condition against the facts given.
  6. Add the administration points last: reporting, payment deadlines and interest, and note them in your advice where timing matters.
  7. Review your answers for professional skills: a clear structure, short reasoned points and advice that fits the client's aims.

Common mistakes in Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities

  • Applying a relief without checking its conditions.

    Fix: Write each condition as a short check against the facts, and say clearly when one is not met.

  • Using the annual exempt amount against the wrong gains.

    Fix: Set it against the gains taxed at the highest rate first, to save the most tax. That means the 24% gains first, then the 18% gains, then the 14% business asset disposal relief or investors' relief gains.

  • Forgetting the lifetime limit on business asset disposal relief.

    Fix: Read for earlier disposals and deduct any used limit before applying the 14% rate.

  • Getting the base cost wrong after a deferral relief.

    Fix: State the effect of each relief in one line and then compute the new base cost explicitly.

  • Giving a calculation but no advice.

    Fix: End with a recommendation, the tax saved, the risks and any timing point, as the requirement asks.

  • Ignoring payment deadlines and interest.

    Fix: Mention when the tax is due and the effect of late payment whenever the advice involves timing.

Last-day revision: Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities

  • CGT rates are 18% and 24%, and the annual exempt amount is £3,000.
  • Business asset disposal relief and investors' relief each have their own separate £1,000,000 lifetime limit, and qualifying gains under either relief are taxed at 14%.
  • Set the annual exempt amount against the gains taxed at the highest rate first: the 24% gains, then the 18% gains, then the 14% business asset disposal relief or investors' relief gains last.
  • Gift holdover and rollover relief defer gains by reducing the base cost of the new or gifted asset.
  • Always test the conditions of a relief against the facts before applying it.
  • Incorporation relief defers the gain by reducing the base cost of the shares received.
  • Share reorganisations usually treat the new holding as the same asset as the old one.
  • EIS and SEIS deferral postpones a gain by reinvesting in qualifying shares, and the gain can come back into charge later.
  • Principal private residence relief removes gains on a main home, subject to its conditions.
  • Chattels have their own rules for small and larger disposals, so check the proceeds first.
  • A genuine gift to charity is treated as made at no gain and no loss. On a sale to a charity at an undervalue, no gain/no loss applies only if proceeds do not exceed allowable cost. Otherwise a gain arises: proceeds received less allowable cost × (proceeds ÷ market value), not the full allowable cost.
  • Interest on underpaid tax is 8.50% and on overpaid tax 3.50%, so timing of payment matters.

Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities practice questions

Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Capital gains tax: the use of exemptions and reliefs in deferring and minimising tax liabilities: frequently asked questions

Where do I find the CGT rates in the ATX-UK exam?

They are in the tax tables ACCA provides. Practise using the tables so you can find the rates, annual exempt amount and relief limits quickly.

What is the difference between deferring and reducing a gain?

A deferral, such as holdover or rollover relief, postpones the tax by lowering the base cost of another asset. A reduction, such as business asset disposal relief, cuts the rate. Say which one applies in your answer.

How should I order the topics when revising?

Start with rates, the annual exempt amount and losses, then the rate-reducing reliefs, then the deferral reliefs, then exemptions and administration. This builds from the base calculation to the advice.

How are marks earned in CGT relief questions?

You earn technical marks for correct conditions, calculations and figures. You earn professional skills marks for clear structure, sound judgement and advice that suits the client.