Although it’s too late to do much about tax for 2010-2011, now is the time to start to think about mitigating your tax liability for 2011-2012.
Family budgets are being squeezed, and with the starting threshold for 40% income tax falling from £37,400 of taxable income to £35,000, more couples will have one partner paying a higher rate of tax. There is scope for tax mitigation by transferring assets to the lower rate taxpayer: every £1,000 of investment income transferred from a 40% taxpayer to their spouse who is a non-taxpayer saves £400 a year in tax.
1. Restructuring investment holdings
If one partner receives all the investment income it is possible to utilise the other partner’s personal tax allowance of £7,475 and lower tax band to reduce the overall tax bill for a couple.
The rates paid on dividends for the 2011-2012 tax year are the 10% dividend ordinary rate deducted at source, 32.5% dividend upper rate for those in the 40% tax bracket, and the 42.5% dividend additional rate for 50% taxpayers. There is scope for reducing taxable income by transferring assets to the lower rate taxpayer or a non-taxpaying partner.
HMRC usually treats income from property held jointly as if it were equally held by the two parties. Income tax is charged on each partner on half of the income. If you want to be taxed on your actual shares, you will need to provide evidence that your beneficial interests in the property are unequal, for example by a declaration or deed of trust and completed HMRC form 17.
This also applies to bank and building society accounts that are held jointly as well as property, and you must file the form 17 within 60 days of the declaration of trust, or it is not valid for tax purposes. Assets transferred between husbands and wives and civil partners are free from capital gains tax (CGT) until sold, when the acquisition price used in the CGT calculation is that paid by the first partner.
2. Mitigating ‘clawback’
Older taxpayers who are up against the £24,000-a-year income level where ‘clawback’ of the higher personal tax allowances takes effect may be able to avoid clawback by transferring assets between spouses or moving taxed income from investments into a tax free ISA.
The same applies to those who are up against the £100,000 income threshold, where ‘clawback’ of personal allowances takes place so that at an income of £114,950 (2011-2012) they receive no tax allowance. Making pension contributions can reduce liability and help restore tax allowances.
For every £2 of taxable income over the threshold of £100,000 (£24,000 for a pensioner) £1 of personal allowance is clawed back. In the case of pensioners the personal allowance is never reduced below the standard level of £7,475, so they are back to standard allowances once their income hits £28,930.
3. Tax-free investments
Remember to use your full ISA allowance of £10,680 per person in 2011-2012. You can also contribute up to £50,000 a year or 100% of income, whichever is less, to a pension scheme and get tax relief at your highest rate paid.
There have been recent changes to the Enterprise Investment Scheme (EIS) that make it more attractive as a tax saver. Companies may now obtain 30% tax relief on their investment, as well as doubling the annual investor limit to £1 million.
However investors need specialist advice to take advantage of this tax break.
4. Capital gains tax
Couples who have profits to realise may find it worthwhile restructuring holdings so that both CGT allowances (£10,600 for 2011-2012) are utilised as well as making use of the fact that a basic rate taxpayer pays CGT at 18% while a higher rate taxpayer is liable for 28%. You can also save by switching investments on which income could be taxed at up to 50% to growth stocks, where you will pay a maximum of 28% CGT.
After a dreadful year in the stock market many will be sitting on losses, and now is a good time to review your portfolio. Losses can be carried forward if they are realised and set against future gains or used to offset against gains made in the current tax year. You may want to use cash realised to take up any unused ISA allowance or to make pension contributions into a SIPP.
5. Inheritance tax
Assets such as shares or mutual funds on which you are showing a loss are also prime candidates for gifting to mitigate inheritance tax. You will have no CGT liability when you gift them to the beneficiary – but you will have incurred losses to set against future gains.
You can also make gifts of £3,000 a year (£6,000 for a couple) and any number of small gifts of £250 to a variety of different beneficiaries. If you have not used last year’s allowances you need to do so before April 2012 or they will be lost, and they can only be carried forward for one year.
Perhaps the most valuable inheritance-tax mitigation scheme is making regular payments out of income, such as a unit trust regular saving scheme written in trust for a grandchild or godchild. Provided the loss of income does not affect your standard of living, then the gifts are immediately outside your estate for inheritance-tax purposes.
For more information on this and other financial planning areas please do not hesitate to contact us.