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Fitzgerald and Morrison, two clients of your firm, require advice on the capital gains tax and inheritance tax
implications of gifts they propose to make in the next few months.
Fitzgerald
Gift of shares in Jay Ltd on 1 October 2012:
- To be made to Fitzgerald’s nephew, Pat.
- Comprises the whole of Fitzgerald’s 9% shareholding.
- Fitzgerald inherited the shares from his mother on 1 February 2012 when their market value was £32,000.
- The shares are expected to be worth £127,500 on 1 October 2012.
- Both Fitzgerald and Pat are higher rate taxpayers.
Jay Ltd
- An unquoted manufacturing company.
- Values of the company’s assets as at 1 October 2012

Premises 740,000
Plant and machinery (each item is worth more than £6,000) 160,000
Quoted company shares 250,000
Motor cars 30,000
Net current assets 80,000
Pat’s plans:
- Pat is an employee of Jay Ltd and will continue to work for the company until he sells the shares.
- Pat intends to sell the shares in January 2014 and expects to receive £170,000.
- He will use the funds to finance a business venture.
Morrison
Gift of a painting on I September 2012:
- To be made to Morrison’s daughter, Sula, on her wedding day.
- This will be Morrison’s first gift since 1 May 2005.
- The painting is one of a set of three.
- Each of the individual paintings is expected to be worth £25,000 on 1 September 2012; a pair of paintings is
expected to be worth £70,000 on that date.
The set of paintings:
- Morrison purchased the set of three paintings in April 2004.
- Each of the paintings has a base cost for capital gains tax purposes of £8,300.
- He gave one of the paintings to his wife on 1 May 2005.
- The complete set of three paintings is expected to be worth £120,000 on 1 September 2012.
Required
(a) In respect of the gift of the shares by Fitzgerald and their subsequent sale by Pat:
(i) Explain whether or not capital gains tax gift relief will be available on the gift, noting any additional
information required. State the latest date for submission of a claim and identify who must sign it;
(ii) Calculate the effect of submitting a valid claim for gift relief on the total capital gains tax liability of
Fitzgerald and Pat on the assumption that the gift by Fitzgerald and the sale by Pat take place as
(iii) Explain whether or not business property relief will be available if Fitzgerald dies within seven years
of making the gift.
(b) In respect of the gift of the painting by Morrison:
(i) Calculate the value of the potentially exempt transfer, after deduction of all exemptions, for the
purposes of inheritance tax;
(ii) Calculate the capital gain arising on the gift and comment on the availability of gift relief.

Assume that the tax rules and rates for 2011/12 continue to apply in subsequent years.
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多项选择题Sakura requires advice on the receipt of insurance proceeds, the sale of a painting in exchange for a boat and the implications of making an error when preparing his tax return. The following information has been obtained from a telephone conversation with Sakura. Sakura: - Is a higher rate taxpayer who is resident, ordinarily resident and domiciled in the UK. - Is finalising his tax return for the tax year 2011 12. - Has not previously made any gifts or disposals for the purposes of capital gains tax or inheritance tax other than those set out below. - Does not expect to make any gifts or disposals for the purposes of capital gains tax or inheritance tax in the tax years 2012 13 or 2013 14 other than those set out below. - Has received insurance proceeds of £67,000. - Intends to sell a painting to his son, Cashel, in exchange for a boat. The insurance proceeds of £67,000: - The insurance proceeds were paid to Sakura on 1 June 2012. - The insurance proceeds relate to the destruction of an antique china figurine on 1 March 2012. - Sakura paid £28,000 for the figurine on 1 April 2008. - The figurine had a market value of £80,000 on 1 March 2012. - Sakura intends to use the money to purchase a modern glass figurine for £59,000. Exchange of painting for boat: - Sakura intends to sell a painting with a market value of £48,000 to his son, Cashel. - The consideration for the sale will be a boat owned by Cashel that has a market value of £25,000. - The painting and the boat cost £22,000 and £37,000 respectively. Sakura’s tax return: - Sakura always prepares his tax returns in an honest manner. - However, he is aware that he could still make an honest mistake. Required (a) - Explain, with supporting calculations where necessary, the capital gains tax and inheritance tax implications for Sakura of the receipt of the insurance proceeds and the sale of the painting in exchange for the boat. - Advise Sakura of the actions he should take in relation to his plans in order to minimise his capital gains tax liability and point out any matter(s) that would need to be resolved with HM Revenue and Customs. Note: you should clearly identify the tax years relevant to the disposals and the due date of payment of any minimised capital gains tax liability. (b) State, with reasons, whether there will be any capital gains tax and or inheritance tax implications for Cashel from the disposal of the boat. (c) Explain the manner in which a penalty would be calculated if Sakura were to make an honest mistake when completing his tax return. You should assume that the tax rates and allowances of the tax year 2011 12 will continue to apply for the foreseeable future.