Capital Gains Tax
Valuations
If you own a property (or a share in a property) aside from
your home, and it increases in value, when you sell it, you will have to pay
tax on the gain. This is calculated by valuing the property at the time you
bought it and at the time you sell it. We can help you make sure these
valuations (including retrospective valuations) are accurate so that you pay
the correct amount of tax, and no more.
We will provide you with a valuation report in accordance
with The Taxation and Chargeable Gains Act 1992 (Section 272), and the RICS UK
Guidance Note 3. The report will be clear, reasoned and concise.
If the valuation is queried by the District Valuer (who
provide valuations for and advise HMRC on property), we can also negotiate with
them for you. We are uniquely qualified to handle these negotiations because Edmund
Ellis worked for many years in the Statutory Valuations Team for the District
Valuer.
1982 Valuations
We can help with 1982 market valuations. If you are trying to sell a property
which was bought before 31st March 1982, capital gains tax is
calculated on the basis of what its market value was on that date. It is very
important to give HMRC the most accurate figure you can, so they can calculate
how much tax is due. They will also scrutinise the figure you give them, so it
is important that it is reasoned and clear.
The property market in 1982 was very different to the highs
of the current market—the interest rate was 13% and the average UK house price
was less than £25,000—and the situation is even more complicated by lack of
data and by tenancies which confused and changed the values of properties. We
have extensive experience in undertaking 1982 (and historic) valuations for
capital gains tax, and a large database of historic transaction data, so we can
help you provide an accurate, reasoned valuation. We can also handle
negotiations with the District Valuer if necessary.
Contact us for more
information or to book a valuation.
Capital gains tax for non-residents disposing
of residential property
If you own property in the UK and don’t live here, from
April 2015, you’ll have to pay Capital Gains Tax on the residential property
you sell.
This applies to all UK residential property including properties being built or developed for residential use. (Some
properties designed for communal use are excluded, such as nursing homes,
boarding schools and student accommodation.)
The charge will apply to gains made by people, companies, partnerships,
and trusts who are not UK residents, but if you have lived in the property, you
may be able to apply for Principle Private Residence Relief.
For individuals the tax will be charged at either 18% or 28%
depending on the rate of tax you pay. Trustees will be charged at 28% and companies
at 20%.
The tax will be calculated on what the property’s market
value was on 6th April 2015, so even if you are not planning to sell
your property, we strongly recommend to value the property now, so that if and when you do sell your property,
you pay the correct amount of tax, and no more.
Elysium Surveyors are highly skilled at undertaking valuations for tax purposes.
Contact us for more information or to book a valuation.
Annual Tax on
Enveloped Property (ATED)
What is ATED?
Annual Tax on Enveloped Properties is a new tax payable by
companies on high value residential properties in the UK, and is payable each
year. The law has recently change on ATED, so it may be wise to get advice if
you are unclear whether you need to pay, or how much.
Do I need to pay
ATED?
Yes, if your property is:
·
a “dwelling” (this includes mixed use buildings
where some of which are residential).
·
in the UK.
·
owned , either wholly or partly, by a company, a
partnership where one of the partners is a company, or a collective investment
vehicle.
·
valued at more than £2 million on 1st
April 2012 or when you bought it, for tax returns from 2013-2014 onwards.
·
valued at more than £1 million on 1st
April 2012 or when you bought it, for tax returns from 2015-2016 onwards. (As
announced in the 2014 Budget).
- valued at more than £500,000 from 1st April 2016 onwards
You may be exempt if:
1.
Your property is a hotel, guest house, student
hall of residence, care home or prison.
2.
If the company is a charitable trust using the
property for charitable purposes.
How much do I need to
pay?
It depends on the value of the property. To work out how
much you need to pay, you need to find out which value band your property is
in.
As well as reducing the value threshold at which ATED
becomes payable, the 2014 Budget also announced that ATED charges would
increase in line with the Consumer Price Index.
There are reliefs available (for example if your property is
a historic house open to the public, or if it is a working farmhouse) but you
can only be eligible if you file a return.
Your property may also move in and out of ATED if you change
how you use it.
ATED operates on a five-year rolling programme. The first
valuation date was 1st April 2012 and the next will be 1st
April 2017.
How can we help?
ATED is a self-assessment tax, and late returns may be
liable to penalties and interest charges.
So if you think you may be liable for ATED, either now or in the future,
as the threshold for payment is reduced, or if you do not know what value band
your property is in, Elysium Surveyors can help you navigate this territory.
Elysium Surveyors are highly skilled in undertaking
valuations for tax purposes. We understand the local nuances of the London
market and hold a large database of transactions to undertake and support our
valuations with confidence.
If HMRC challenge the valuation, we can negotiate with the Valuation
Office Agency (who assess property valuations on behalf of HMRC) for you, to
make the process as easy as possible, and to make sure that you pay the right
amount of tax, and no more.
Contact us for more information.