This may seem obvious to some - but how do you define a complete year for CGT Taper relief purposes ?
Is 1 January - 31 December a complete year (like a tax-year), or would I need to hold the asset on the following 1 January to clock up a complete year ?
I doubt it. If the regulation meant a complete tax year, it would say "a complete tax year", not just "a complete year".
If you've held an asset for 26 months, say from the middle of May 2002 to the middle of July 2004, this period only contains one complete tax year, namely 2003/04, but still counts as "at least two complete years" for CGT TR purposes.
"Taper relief reduces a chargeable gain according to the number of whole years, see CG17900, (up to a maximum of ten) that an asset has been held. For this purpose a year is any continuous period of twelve months."
Not very helpful of them to define a year in terms of months, and then not to define months. FTAOD it needs to be said that the months in question do not have to be caledar months in the sense that if an asset is acquired on 15th April and disposed of on 20th April of the following year, one could argue that this only involves eleven whole months (May to March) and that the two part-months of April should be disregarded. Fortunately this is not the case, as is made clear by the following extract from CG17900:
"Where a disposal takes place on the anniversary of the acquisition of the asset, it should be assumed that the year has been completed. If the asset is acquired on 29 February in a leap year, the anniversary date will be 1 March in following years, except leap years when it will be 29 February. No attempt should be made to determine the exact time of day of the acquisition and the disposal."
Not really, except coincidentally, since none of the "complete years" may contain days prior to 6th April 1998. Where a bonus year is used, the complete years will all necessarily coincide with tax years only if the disposal date happens to fall on a 6th April.
BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.