Capital gains tax is set to pose a bigger problem to investors, with record sums already being raised through the levy. On top of this, allowances have now been cut again as of Saturday (6 April).
The tax is paid on the profits earned on the sale of an asset, such as shares or property. And the government has been gradually increasing the tax collected in this way by reducing the tax-free allowance on gains.
The allowance on capital gains was reduced from £12,300 to £6,000 in April 2023, before being halved again to £3,000 in April 2024. This is likely to mean more investors will pay capital gains tax (CGT) when selling assets.
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In fact, we are already seeing far greater amounts of CGT being paid. Data from HMRC last year revealed that a record amount of CGT was paid in 2021/22 at £16.7 billion.
That’s up by 15% on the previous year, while the number paying the tax jumped by 20% to 394,000. The latest government data shows £11.4 billion of CGT was paid in January 2024.
What’s more, with the allowance now being cut further and the freezing of income tax thresholds, warnings have been raised that even more people will have to pay CGT, and at higher rates. “More than a quarter of a million more individuals and trusts will be paying capital gains tax for the first time thanks to the Government crackdown on gains," says Laura Suter, director of personal finance at AJ Bell.
Because the rate of tax hasn’t changed but the point at which it kicks in has fallen,
Suter warns that those with relatively small investment gains are now going to be hit with the same tax increase as those with much larger gains.
"A very wealthy individual harvesting £1 million in capital gains a year will face the exact same additional tax of £1,860 as a result of the cut to the capital gains tax allowance, highlighting how the cut hits small shareholders every bit as much as the very wealthy in pounds and pence," she adds. "But it will hurt a lot more in relation to the size of their gain."
There are ways to reduce your CGT bill though, especially if you are married or in a civil partnership. Splitting assets with your husband, wife or civil partner means you can effectively double your allowance and boost how much profit you can take tax-free when selling shares or an additional property. Here's what to consider.
What is capital gains tax?
CGT is a tax paid on any gains or profit made when selling an investment asset such as shares held outside an ISA tax wrapper or an additional property.
Capital gains tax does not apply to primary residences, so you won’t have to pay any tax when you sell your main home - although second homes, buy-to-let properties and holiday lets will attract CGT. The exact bill will depend on your tax band.
Basic rate taxpayers owe 18% on any gains when selling an additional residential property or 10% on other assets. If you pay the higher or additional rate of income tax and you’re selling residential property, you’ll pay 24% CGT. This drops to 20% on other investments.
There is a tax exemption for a certain amount of profit before the tax is owed. This was £12,300 before being cut to £6,000 last year. As of 6 April 2024, it has been slashed again to £3,000.
The capital gains tax ‘triple threat’ to investors
Hargreaves Lansdown has cautioned that investors face a ‘triple threat’ from CGT.
First and foremost there is the lowering of the allowance, reducing the amount that you can make from the sale of assets before the taxman looks to take a slice. The firm pointed out the CGT allowance has not been this low in more than 40 years and that, with inflation, £3,000 in 1981 had the buying power of more than £15,000 today.
That’s the second part of that triple threat, as Sarah Coles, head of personal finance at Hargreaves Lansdown, explains: “The fact that there’s no indexation means it’s not just the real gains being taxed – but inflation too. It takes us back to the bad old days of the 1970s, when Sir Geoffrey Howe called CGT without indexation “a capricious, and sometimes savage, levy on the capital itself.”
Finally there is the lack of indexation on income tax thresholds. Wages are rising, up 6.1% over the last year - though when inflation is taken into account the buying power has only grown by 1.8%.
Yet, as tax thresholds have been frozen, it means greater numbers of taxpayers will move into paying the higher rates of income tax. Coles adds: “Once they become higher rate taxpayers, among the many extra costs they face is that any capital gains will be taxed at 20% - or 24% for residential property.”
This may mean that you have to pay a large amount of tax on money that has been carefully invested, even if all it has really done is keep pace with inflation. Coles suggests this could “distort” the decision-making of investors, pushing them to sit on gains rather than taking them and reinvesting, while it is also “likely to encourage hoarding of assets until death - when CGT is effectively returned to zero”.
How splitting your assets reduces your CGT bill
HMRC provides some generous allowances to married couples or civil partners when it comes to owning assets jointly.
If you jointly own an asset, such as a buy-to-let property, the allowances of both parties can be combined. This becomes more important with reducing allowances, says Rachael Griffin, tax and financial planning expert at Quilter.
“It effectively allows for a doubling of the profit threshold before CGT comes into play. In real terms, for the tax year 2023-24, this translates to a combined profit of £12,000 without being liable for CGT.”
There are downsides to this approach though. “Both have to agree in terms of management", Griffin highlights. Likewise, if the couple gets divorced, "50% of the asset now actually belongs to the other party,” she adds. “It is therefore not a decision to be made lightly.”
Assets can also be freely transferred between spouses or civil partners without incurring CGT. This is useful if one partner is in a lower tax band or where one individual has losses that can be used to offset any gains above the annual capital gains tax allowance.
“The limitation is that any transfer has to be in a tax year in which the couple have at some point lived together, although they do not have to be living together at the time of the transfer,” adds Jason Coppard, financial planning manager at Lumin Wealth
It is important to seek advice so you understand the implications of sharing or transferring assets, says Griffin. “If such an asset, which was previously transferred, is later put up for sale, the CGT due will be calculated based on the gain made during the entire duration it was owned by the couple, not just from the time it was transferred.”
This also only applies to married couples or civil partners. You will still have your own allowances if unmarried but there may still be CGT to pay if you transfer assets above the exempt amount if you are just living together, even in a long-term relationship.
Alternative ways to reduce your CGT bill
There is an alternative approach for a transfer of assets between spouses that is less widely used, adds Coppard. This is for charitable or philanthropic giving.
If a couple wishes to donate to charity, it is less tax-efficient for the gift to be made by a lower-rate taxpayer. “Transferring the asset to the individual in the higher tax band before gifting, via Gift Aid, can be worth 20% on the higher rate or 25% in additional rate tax relief. This is because tax bands are extended by the gross charitable donation, thereby increasing the segment of income that’s taxed at the lower rates.
“This is even more valuable for individuals with income between £100,000 and £125,140, as it will also restore some – or all – of their tax-free personal allowance of £12,570.”
You don’t have to be married or in a civil partnership to make use of other CGT exemptions though. Victoria Rutland, chartered financial planner at EQ Investors, said contributing to a pension may move you into a lower tax bracket which means you pay a lower level of CGT.
You could also invest money into an Enterprise Investment Scheme (EIS), which can reduce or delay your CGT liability. Another way to limit your CGT bill is by not selling all your assets at once, adds Niki Patel, tax and trust specialist for St James’s Place.
“If you stagger the sale of say shares over several tax years, then you can make the most of several years’ CGT exemption,” says Patel. “For example, you could sell part of a share portfolio on 3 April and the rest on 6 April to take advantage of two years’ CGT exemption.”
You can also offset any losses you’ve made on other assets. “While no investor wants to make a loss, losses can be your friend for capital gains tax purposes,” adds Suter.
“Losses made in the current tax year can be offset against any gains you make this year, before you deduct your annual tax-free allowance. If you don’t use your losses this year you can carry forward any losses for future tax years, to offset against future gains. Just make sure you register the losses with HMRC within four years after the end of the tax year in which you made the sale in question.”
Another option is to do a ‘Bed and ISA’, says Suter. This is where you sell assets up to your CGT limit for the year and then buy them back within an ISA, which means you’ll protect any future gains from the taxman.
“You’ll need to check how much ISA allowance you have remaining this tax year to make sure you don’t go over the £20,000 annual limit,” she says “You can use your platform’s Bed and ISA service to do this and they will take care of the selling and buying for you, usually for one fee.”
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