Capital gains tax: what it is, how it works & what to avoid (2024)

Don't understand whatcapital gains tax (CGT)is?

In this guide, we'll reveal what it is, how much your CGT allowance is and how to reduce your tax bill.

In this article, we will cover:

  1. What is capital gains tax?
  2. How does capital gains tax work?
  3. Capital gains tax rates
  4. Capital gains tax allowance
  5. How to calculate capital gains tax
  6. How to pay capital gains tax
  7. When do you pay capital gains tax?
  8. How to avoid capital gains tax
  9. How to reduce capital gains tax

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What is capital gains tax?

You may have heard of capital gains tax (CGT), but do you know what it is and how it works?

Capital gains tax is a tax on gains made on the value of your assets (things that you own).

This can include the sale of shares, for example, or the sale of business assets or second homes.

It can also apply to valuables worth £6,000 or more (excluding your car) if you sell them at a profit. This also includes gains made on cryptocurrency sales.

How does capital gains tax work?

Unlike income tax, CGT is not automatically deducted by HMRC, so you need to report it.

There are many different fiscal triggers, so it is important to be aware of what needs to be reported.

If you don’t provide accurate reports, you may pay a fine that's bigger than your tax bill, should you fail to notify HMRC.

Capital gains tax rates

CGT rates differ from income tax rates and are in two broad brackets: basic rate payers and higher/additional rate payers.

In the 2023/24tax year, the basic rate on residential property gains was 18% and 10% on all other assets.

The higher/additional rate of CGT is 28% on residential property and 20% on all other chargeable assets.

Capital gains tax allowance

When doing your tax return, you’ll be pleased to know that you have a capital gains tax allowance.

It’s £6,000 for individuals (£3,000 for trusts) in the 2023/24 tax year, meaning you can make £6,000 of profit on your assets before the applicable rates kick in. From April 2024, the CGT allowance will be cut from £6,000 to £3,000.

Should you have joint ownership of a taxable asset such as a second home, the allowance doubles to £12,000. For those who are married or in a civil partnership, assets can be exchanged between you.

However, if you transfer assets to a partner and make a gain from this at a later date, the CGT that you pay will be based on the total time you owned the asset(s) together rather than the date of transference.

You usually don't pay capital gains tax when you sell your main home but will pay it when you sell a second property or main home if you've let it out, used it for business, or it's very large. The CGT rate would either be 18% or 28%, depending on your tax bracket.

How much capital gains tax on stock and shares depends again on your tax bracket, but any gains will be taxed at either 10% or 20%.

How to calculate capital gains tax

While you can work out if you need to pay capital gains tax using these easy steps, if you have a large number of taxable assets, this may take some time.

Alternatively, you can use the capital gains tax calculatoron the gov.ukwebsite.

This page also lists some of the deductions, reliefs and special circ*mstances to consider, which we also cover below.

Filling out tax forms wrong can result in headaches, interest and fines, but getting it right can be financially rewarding.

An accountant will be able to analyse your income and outgoings, as well as flag any tax relief when helping you with your tax return.

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How to pay capital gains tax

If you currently complete a self-assessment tax return, then CGT can be reported through this.

Otherwise, you can use the UK government’s capital gains tax service to pay what you owe immediately.

Find out the deadlines for paying capital gains tax in the next section.

When do you pay capital gains tax?

Anytime you sell a taxable asset and receive more for it than you paid, CGT will apply (although there are a few exceptions).

CGT on second homes (or non-primary residential property) must be declared within 60 days of the sale and any gain being made.

If you’re including CGT within your annual tax return, the online deadline is 31 January, while the deadline for paper tax returns is 31 October.

The exception to this is the sale of residential property – this should be reported to the government within 60 days.

If you’re using the HMRC real-time capital gains tax service to pay, then this should be submitted by 31 December in the year after your gains have been made.You must also pay CGT on any cryptocurrency gains that are realised.

Learn more:Can I avoid capital gains tax on my buy-to-let property?

How to avoid capital gains tax

The short answer is that if you owe CGT, then you can’t and shouldn’t avoid paying them.

Not declaring or paying what you owe is an offence that could land you with a fine, possibly leaving you to pay more than you originally owed in interest.

However, there are a number of reliefs and conditions which, if you receive the right financial advice, may mean the amount of CGT you pay is lower.

How to reduce capital gains tax

Here are a few things to consider when it comes to reducing your capital gains tax bill.

It’s important to obtain expert guidance to help you understand your tax relief opportunities and make sure you pay what you owe.

  1. Transfer assets to your partner. This means that you both take advantage of your full pre-tax allowance of £6,000.

  1. A loss can be a gain. Make sure any losses are declared to HMRC as these will offset your gains to give a revised contribution amount.

  1. Use your CGT allowance. CGT allowances can’t be rolled over into the following tax year, so it really is a case of using it or losing it.

  2. See if you qualify for principle private residence (PPR). PPR allows you to sell a residential property that is or was your main home without paying CGT, provided certain conditions are met.

  3. Be aware of your wasted assets, which are those thathave a life of under 50 years, such as antique clocks, vintage cars or caravans.

  1. Invest your money in EIS or ISAs, which both provide a tax-free home for your savings.

  1. Give to charity. If you give shares, land or property to charity then, income and CGT relief is available.

  1. Contribute to a pension. This may alter your CGT bracket, meaning you pay less.

  1. Be organised. Knowing what your taxable assets are (and aren’t), what your allowance is and how and when to pay CGT can all affect how much you end up contributing.

  2. Where both spouses or civil partners have used their annual CGT allowance, ensure assets are sold by the individual who pays the lowest marginal rate of tax.

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Capital gains tax: what it is, how it works & what to avoid (2024)

FAQs

Capital gains tax: what it is, how it works & what to avoid? ›

Short-term capital gains are added to annual income and taxed at ordinary rates, ranging from 10% to 37%. Long-term capital gains are not included in your income — they are taxed separately. However, your taxable income does determine whether your long-term capital gains are taxed at 0%, 15%, or 20%.

What is a simple trick for avoiding capital gains tax? ›

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

At what point do you not pay capital gains tax? ›

When does capital gains tax not apply? If you have lived in a home as your primary residence for two out of the five years preceding the home's sale, the IRS lets you exempt $250,000 in profit, or $500,000 if married and filing jointly, from capital gains taxes. The two years do not necessarily need to be consecutive.

What are the rules of capital gains tax? ›

Capital gains can be subject to either short-term tax rates or long-term tax rates. Short-term capital gains are taxed according to ordinary income tax brackets, which range from 10% to 37%. Long-term capital gains are taxed at 0%, 15%, or 20%.

How do I avoid capital gains when selling my house? ›

Yes. Home sales can be tax free as long as the condition of the sale meets certain criteria: The seller must have owned the home and used it as their principal residence for two out of the last five years (up to the date of closing). The two years do not have to be consecutive to qualify.

Are there any loopholes for capital gains tax? ›

There are a few ways to lower the capital gains tax bill you pay on profits from the sale of stock. You can claim your fees as a tax deduction, use tax-loss harvesting, or invest in tax-advantaged retirement accounts.

Do I have to buy another house to avoid capital gains? ›

You can avoid capital gains tax when you sell your primary residence by buying another house and using the 121 home sale exclusion. In addition, the 1031 like-kind exchange allows investors to defer taxes when they reinvest the proceeds from the sale of an investment property into another investment property.

What are the two rules of the exclusion on capital gains for homeowners? ›

Sale of your principal residence. We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years. In addition, you may only have one home at a time.

Do you have to pay capital gains immediately after selling? ›

Do I Have to Pay Capital Gains Taxes Immediately? In most cases, you must pay the capital gains tax after you sell an asset. It may become fully due in the subsequent year tax return. In some cases, the IRS may require quarterly estimated tax payments.

Is capital gains added to your total income and puts you in higher tax bracket? ›

Long-term capital gains can't push you into a higher tax bracket, but short-term capital gains can. Understanding how capital gains work could help you avoid unintended tax consequences. If you're seeing significant growth in your investments, you may want to consult a financial advisor.

How do I calculate capital gains on sale of property? ›

Subtract your basis (what you paid) from the realized amount (how much you sold it for) to determine the difference. If you sold your assets for more than you paid, you have a capital gain.

What is the formula for capital gains? ›

Long-term capital gain = Final Sale Price – (indexed cost of acquisition + indexed cost of improvement + cost of transfer), where: Indexed cost of acquisition = cost of acquisition x cost inflation index of the year of transfer/cost inflation index of the year of acquisition.

How do I offset capital gains tax? ›

To limit capital gains taxes, you can invest for the long-term, use tax-advantaged retirement accounts, and offset capital gains with capital losses.

Does selling an inherited house count as income? ›

If you sell inherited property, is it taxable? If you sell an inherited property in California, it's generally not taxable.

Is money from the sale of a house considered income? ›

Reported sale

Taxpayers who don't qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return.

Do you pay capital gains after age 65? ›

This means right now, the law doesn't allow for any exemptions based on your age. Whether you're 65 or 95, seniors must pay capital gains tax where it's due. This can be on the sale of real estate or other investments that have increased in value over their original purchase price, which is known as the 'tax basis'.

What is the 2 out of 5 year rule? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

Do I pay capital gains if I reinvest the proceeds from sale? ›

While you'll still be obligated to pay capital gains after reinvesting proceeds from a sale, you can defer them. Reinvesting in a similar real estate investment property defers your earnings as well as your tax liabilities.

Can I sell stock and reinvest without paying capital gains? ›

With some investments, you can reinvest proceeds to avoid capital gains, but for stock owned in regular taxable accounts, no such provision applies, and you'll pay capital gains taxes according to how long you held your investment.

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