HMRC Warn Of CGT Penalties for One-Off Transactions
Potential changes are on the horizon ...
Posted by Helen Beaumont on 03/07/2024 @ 8:00AM
As a UK taxpayer, you may be aware of the potential changes to Capital Gains Tax (CGT) rates that have been making headlines in recent months. With speculation that the government may increase the rates in the near future, many individuals are considering accelerating their transactions or disposals to take advantage of the current rates ...
Seek professional advice and ensure accuracy in your tax reporting to avoid costly penalties in one-off transactions!
However, before you rush into any one-off transactions, it's important to understand the potential consequences of making a mistake on your tax return. A recent tax case, Cox & Anor v HM Revenue and Customs, has shed light on the importance of accuracy in one-off transactions.
"Get it wrong and there are penalties HMRC can impose!"
In this case, the taxpayers had received preliminary advice from their advisers that a disposal of shares in a private company would qualify for Entrepreneurs' Relief (now known as Business Asset Disposal Relief). Based on this advice, they made a gift of some of their shares, which ultimately resulted in them failing to meet the 5% shareholding required for Entrepreneurs' Relief.
However, upon further review, the taxpayers realised that their claims for ER were incorrect and expressed a desire to withdraw them. This led to an enquiry from HMRC and the subsequent imposition of penalties for careless behaviour, amounting to 15% of the tax due.
The taxpayers appealed this decision, arguing that the penalties should be suspended by HMRC. However, the First-tier Tribunal (FTT) ruled that HMRC was justified in not suspending the penalties, as they did not believe it would influence the taxpayers' behaviour in the future.
This case highlights the importance of getting the details right in one-off transactions! Even a seemingly small mistake can result in significant penalties. But what exactly constitutes a careless inaccuracy and how can you avoid penalties in one-off transactions?
According to HMRC, a penalty may be suspended if it can be shown that imposing conditions will prevent the taxpayer from making similar mistakes in the future. However, in the context of one-off transactions, this can be a challenging argument to make. After all, the transaction is unlikely to occur again, so it may not have a significant impact on the taxpayer's future behaviour.
To avoid penalties in one-off transactions, it's crucial to seek professional tax advice and ensure that all details are accurately reported on your tax return. This may involve consulting with multiple advisers, such as accountants and tax lawyers, to ensure that all aspects of the transaction are considered.
Furthermore, it's important to remember that HMRC has the discretion to suspend penalties in certain cases. Therefore, if you do make a mistake on your tax return, it's essential to cooperate with HMRC and provide any evidence that may support your case for penalty suspension.
"Potential changes to CGT rates are on the horizon!"
It's important to consider the consequences of one-off transactions and the need for accuracy in reporting them on your tax return. The Cox & Anor v Revenue and Customs case serves as a cautionary tale for taxpayers, highlighting the complexities of CGT and the potential penalties that may be imposed for careless inaccuracies.
Seek professional advice and ensure accuracy in your tax reporting to avoid costly penalties in one-off transactions.
Until next time ...
HELEN BEAUMONT
Would you like to know more?
If anything I've written in this blog post resonates with you and you'd like to discover more about HMRC and the potential Capital Gains Tax changes, do give me a call on 01908 774323 and let's see how I can help you.
Helen brings the personal tax planning experience of the top 20 tax companies to Essendon. Formerly of MacIntyre Hudson (with 45 offices nationwide), Helen worked at Chancery for more than 10 years before joining Essendon as the personal tax specialist.
Tax Planning can make a considerable difference to your tax liability. Helen has specialist knowledge and experience in tax planning and uses every opportunity to minimise your tax bill is utilised. By analysing your investments, income, profit and expenditures, Helen will provide strategic tax planning expertise that could offer significant savings, whilst delivering clear, honest advice and guidance.
When Helen is not at Essendon she spends time with her young son and likes going on long walks with the family dog.
No unauthorised use, duplication, distribution or modification to any original content contained within this blog is permitted without prior written permission of the author. All other trademarks and registered names are acknowledged.
