When it comes to capital gains tax, it’s all in the planning. Planning will help reduce potential issues before they arise and help maximise available allowances. Our expert tax planning solicitors are on hand to help you plan for the future disposal of assets by considering the current and future tax implications.

Book a Consultation with our Tax Planning Experts

Our tax planning experts can help you plan the disposal of assets, so you can avoid unexpected tax bills or at least minimise them.

Capital Gains Tax explained

Capital gains tax is usually applied to any profit you make from the disposal of assets. For example, if you bought a house for £100,000 and sold it five years later for £150,000, you may have to pay tax on the £50,000 you gained during your ownership.

It’s important to remember that you don’t have to sell the asset to have a capital gain.

The tax would still be payable if you were to give it away. Let’s say instead of selling the house in the example above; you gifted it to your son as a graduation present. In this scenario, you may still receive a tax bill even though no money has changed hands.


Careful Planning

Our tax planning experts can help you plan the disposal of assets, so you can avoid unexpected tax bills or at least minimise them.

The key is thinking ahead and taking advice when you first acquire the asset, not at the point of disposal.

We can advise you on how best to proceed to avoid problems when the transaction completes.

If you are selling your primary residence, it is usually exempt from capital gains tax. This is one of the most valuable reliefs you will likely benefit from in your lifetime.

Individuals with multiple properties can choose which one carries the exemption, and the relief can also apply to holiday homes in the right circumstances.

Trusts can also avoid or defer tax charges if the property is owned by trustees and occupied by one of the beneficiaries as their primary residence. Even simple planning techniques, such as transferring assets between spouses or civil partners, can significantly reduce your tax bill.


Selling Land

If you sell some of your garden as building land (less than half a hectare) but continue to own the property to which it originally belonged, the principal residence exemption will still apply.

However, if the total area exceeds half a hectare and some are sold, you have to be able to demonstrate the parcel you disposed of was needed for the reasonable enjoyment of your property, and this can be difficult as you are prepared to sell it off!


Capital Gains Tax FAQs

What is Capital Gains Tax (CGT)?

What is Capital Gains Tax (CGT)?

Capital Gains Tax (CGT) is a tax levied on the profit made when selling an asset, such as real estate, stocks, or a business. The tax applies to the gain (the difference between the purchase and sale price), not the total sale price.

How is Capital Gains Tax calculated?

How is Capital Gains Tax calculated?

CGT is calculated by subtracting the original purchase price, allowable expenses (such as legal fees and improvement costs), and any applicable exemptions from the sale price. The remaining amount is the taxable gain, which is then subject to the applicable tax rate.

What happens if I don’t pay Capital Gains Tax?

What happens if I don’t pay Capital Gains Tax?

Failure to report and pay CGT on time can result in penalties and interest charges. It’s essential to meet all filing deadlines and seek legal advice if unsure.

Do I need to report Capital Gains Tax on my tax return?

Do I need to report Capital Gains Tax on my tax return?

Yes, if you have made a taxable gain, you must report it to the tax authorities, usually via a self-assessment tax return or a specific CGT declaration.


Next Steps

Our tax planning specialists are ready to guide you through the process. Get in touch with us today to speak to our team. Call us on 0114 218 4391, email our Client Services team PrivateClient.ClientServices@ or complete our online enquiry form.

More Information

Capital Gains Tax: what you pay it on, rates and allowances – Gov.co.uk

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We know how important it is to plan for your future. Writing a Will is one of the most important documents you will ever have to do. An up-to-date and valid Will is important to ensure your wishes are met and your loved ones are cared for when you are longer here.

A Will is a complex document, but our Wills solicitors work with you to ensure the process is straightforward.

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We understand life can get tricky, and sometimes we need extra help. That’s when a Lasting Power of Attorney (LPA) can help. Our team of friendly Wills and Probate solicitors are there for you when you or a loved one needs us.

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It’s all in the planning when it comes to Trusts. It’s important to plan and find out what would suit you. Our team of Trusts and Estate Planning solicitors are ready to talk through your options.

Trusts often form part of Estate Planning and are used to pass assets down to future generations. They’re also there to protect assets in the eventuality of divorce, bankruptcy, or poor management by the beneficiary.

Capital Gains Tax

When it comes to capital gains tax, it’s all in the planning. Planning will help reduce potential issues before they arise and help maximise available allowances. Our expert tax planning solicitors are on hand to help you plan for the future disposal of assets by considering the current and future tax implications.

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Our community is important to us, and we care for those who live in the areas we serve. When it comes to providing services for our older and vulnerable people, we take great pride in providing clear and concise legal advice when needed.

When it comes to long-term care planning, we’re here to talk through your options

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We’re on hand to help when you’re ready. We’ll discuss what it means if you are an executor of your loved one’s Will or if you are their next of kin.

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We know how stressful and upsetting it can be if you've been left out of a Will or not been left as much as you thought. Our team are experts in helping you claim for what you feel you are owed or if a claim is threatening your inheritance.

We work closely with you, discuss your concerns, and provide you with up-to-date legal advice. At Taylor Emmet we have a specialist contentious team who look after your inheritance & wills dispute, which sets us apart from other probate solicitors as we have high-level expertise to help you.

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We know how important it is to manage your wealth protection. We also know that everyone's circumstances are different, and there is no one size fits all plan. That's why our team of Private Wealth solicitors work with you to create a bespoke service to meet your needs.

Our Private Wealth team take the time to get to know you and work with you to plan. We guide you through your legal options and work collaboratively with your existing advisors to provide you with the best service working with clients from the Sheffield City Region to London and the South East.

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It's a sad reality that, unfortunately, around two-thirds of the population die intestate. This means if someone passes away without making a Will, they are said to have died intestate.

This creates problems for those who have been tasked with arranging a funeral or locating their next of kin. This can be a time-consuming, emotional, and costly process. Our team of Inheritance Tracing solicitors can guide you through the process to make it easier.

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We’re thoughtful and considerate, so we ensure that we do things at your pace. We also know that you may want your family involved in legal conversations. Let’s put the kettle on and chat through those things that matter the most.

Inheritance Tax Planning

When it comes to inheritance tax planning, it’s essential to ensure your Will is appropriately structured. Our team of tax planning experts can speak through your options. The good news is that several exemptions and allowances can be applied to limit damage to your legacy.

With many rules and regulations to consider, inheritance tax can be complicated. But don’t worry, we’re experienced in dealing with various circumstances, so we’re best placed to advise you.

Frequently asked questions about Wills and Probate

What is a Will?

A Will is a document which allows you to decide how your money and property will be distributed after your death and who should deal with the administration of your estate. To be valid, it must be signed by you and witnessed by two people. The witnesses must see you sign the Will and then sign it themselves.

What if I don’t make a Will?

If you die without a valid Will the law will determine how your money and property is distributed. This will depend on many factors such as whether or not you are married or have children, and the value of your estate, but the result might not be what you want or expect.

How do I make a Will?

The best place to start is here at Taylor Emmet. In our Wills and Probate department we deal with all aspects of Wills, estate planning and administration, including tax advice and trusts. Some of our solicitors are also members of STEP; the Society of Trust and Estate Practitioners, which is the leading worldwide professional body in this field.

The process is usually quite straightforward and should only take a couple of weeks to complete. At an initial meeting with one of our specialists we will ask what you want to happen on your death and give advice on the best way to achieve what you want.

What is a Power of Attorney?

A Power of Attorney is the document you sign to appoint an attorney. There are many different types of Power of Attorney. The Power may be limited to certain property or certain actions, or it may give your attorney general authority to act on your behalf.

When most people think about Powers of Attorney they mean “Enduring Power of Attorney” (EPA) or “Lasting Power of Attorney” (LPA). These are special types of Power of Attorney which allow you to choose an attorney to make decisions for you if you cannot make them yourself due to mental incapacity.

What if I don’t make a Power of Attorney?

If you lose the ability to make decisions for yourself and have not completed either an EPA or an LPA the Court of Protection may appoint a Deputy for you to make those decisions – usually a close relative. A Deputy is like an attorney but can only do what the Court permits.

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