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Politics

CGT on assets Inc primary residence at death

141 replies

DotPotato · 22/09/2024 08:06

Morning all, here to find out some views on something I think should / could change in the budget.

At the moment there is a HUGE tax loophole whereby no CGT is paid on assets that you pass on at death. For example, you buy shares in 1950 and transfer ownership in your will, there is zero CGT paid on the capital increase you’ve made over 70 years. Same applies to property, even second homes. If you transfer ownership of the asset when you die, the inheritor receives the asset at the 2024 price but no CGT is due on the gain since it was bought by the deceased person.

This is just mad, especially as many assets will not qualify for inheritance tax, and there’s an exemption for passing on property of up to £1 million.

I think this should be closed in the budget. CGT should be payable by the estate on ANY asset that is transferred after death, including primary residence. After that, inheritance tax rules should be applied to what remains, potentially at a lower rate given that we are now applying GCT.

I think this would be a very fair way of taxing wealth that is 100% UNTAXED, because you’re not asking someone to pay tax on unrealised gains when they’re alive using income they might not have, and you’re not passing on freebies worth potentially hundreds of thousands of pounds to people who inherit just because they were lucky enough to be born to rich parents.

Interested in people’s thoughts and how un/popular it might be?

OP posts:
tigger1001 · 22/09/2024 12:06

"Yes you’re right I have assumed that, but also I don’t think they’d bring in a huge amount so they’re sort of tinkering around the edges but there is an argument.

It will be interesting, I think the biggest problem that any govt faces is that everyone wants someone else to pay, this thread is a really clear example of that.

”Yes tax rich people - they’ve got hundreds of thousands they don’t need poor me I live on a meagre income. Oh me when I die with hundreds of thousands that I don’t need anymore because I’m not here? No I don’t mean that, not me… THEM.”"

That's the issue with capital taxes though. And I think you are wrong about business asset disposal relief - that could increase tax take considerably - but then puts people off selling their business.

And it ultimately depends on the overall objective - not just about increasing the tax take. Ie don't let the tail wag the dog. Taxi g main homes certainly would increase tax take in the short term, but could collapse the housing market. Maybe needed to a point. But then it will ultimately put people off home ownership if up to 45% of the gain is given to the government.

If it's in death only, people would sell as they get older and keep the cash. And pay rent rather than give it to the government. Not everyone of course but enough.

Are governments wanting to encourage or discourage home ownership? That will be the main driver behind the policy with the tax consequences a secondary issue

DotPotato · 22/09/2024 11:59

LadyGAgain · 22/09/2024 11:46

"But why should any gains you've made be tax free?"

  1. By your reckoning we should save every receipt for everything spent on our property to off set against any "gain"?
  1. Because we have CHOSEN to save. To reduce our burden on the State. So actually how to do offset that?
  1. Yep that’s exactly what you do with an asset. I’ve done it myself with second properties. It’s not a reason not to. In other countries, either stump up the paperwork or it’s assumed to be zero… amazing how it works. And btw - repairs and maintenance are deemed to be revenue expenses (not deductible), not capital. So you wouldn’t need to account for the lightbulbs. :-)
  2. Why should you offset the gains? You’ve still gained more than someone who didn’t save. Those gains are free money, in part as they are directly linked to the economy, which doesn’t go up and down based on whether you buy your kids designer gear or not. As for reducing burden on the state, you’d have to go a long way down the income ladder to become eligible (pension credit is set just below the rate of the state pension) so you’re saving for yourself, not for the state.
OP posts:
BIossomtoes · 22/09/2024 11:53

DotPotato · 22/09/2024 08:22

Again there are rules about this too - it’s deprivation of assets.

No it isn’t. Deprivation of assets is disposing of wealth in anticipating of avoiding care costs. It’s entirely different.

LadyGAgain · 22/09/2024 11:46

"But why should any gains you've made be tax free?"

  1. By your reckoning we should save every receipt for everything spent on our property to off set against any "gain"?
  1. Because we have CHOSEN to save. To reduce our burden on the State. So actually how to do offset that?
DotPotato · 22/09/2024 11:45

It is interesting that against the idea of CGT at death esp on property, several ppl have said IHT threshold is too low.

I think the positioning of any changes is going to be absolutely crucial.

OP posts:
DotPotato · 22/09/2024 11:42

tigger1001 · 22/09/2024 11:35

You have made the assumption though that the other reliefs you mentioned don't ret removed. There is speculation about that too. Things like bpr and apr etc and business asset disposal relief etc.

No doubt in my head that there will be changes. But it is a tough balancing act - and often these things have unintended consequences and don't end up creating the increase in tax that is thought.

Its going to be a very interesting budget I think.

Yes you’re right I have assumed that, but also I don’t think they’d bring in a huge amount so they’re sort of tinkering around the edges but there is an argument.

It will be interesting, I think the biggest problem that any govt faces is that everyone wants someone else to pay, this thread is a really clear example of that.

”Yes tax rich people - they’ve got hundreds of thousands they don’t need poor me I live on a meagre income. Oh me when I die with hundreds of thousands that I don’t need anymore because I’m not here? No I don’t mean that, not me… THEM.”

OP posts:
DotPotato · 22/09/2024 11:38

LadyGAgain · 22/09/2024 11:30

Hang on a minute.
For disclosure we are higher rate tax payers. No issue as we want and need our public services and that's the law. We don't dodge paying or move things to avoid.
We bought our home in 2018. So we haven't taken advantage of buying when houses were cheaper and huge gains. We have chosen to use our money in a home that suits our family. We have chosen to invest in pensions for old age rather than take multiple holidays for example. Someone else will have no pension, won't be paying a mortgage and have loads of holidays etc. We have spent money (after taxation) to make our property how we want it rather than buying designer gear or sending the children to private school. I do not see how or why we should pay even more (or the children pay) after our death given we have made what we deem to be sensible decisions. I would be happy with additional tax on income. Why should the pensions we have CHOSEN to build (rather than another holiday or whatever) be heavily taxed? Why should our home that we have CHOSEN to buy and spend money on (plus mortgage rates) be heavily taxed? Or should we sell up, rent, stop paying into pensions and make it the states problem when we can't afford to live, go on more holidays, live it up more?
There has to be a way to not penalise those who are already contributing.
And why large corporate businesses are able to avoid tax when the hard working individuals are slammed is beyond me. It's a shit show.

But why should any GAINS you’ve made on assets or saving be tax free?

OP posts:
tigger1001 · 22/09/2024 11:35

DotPotato · 22/09/2024 11:27

So far it’s interesting as I haven’t seen a single argument about why gains in property SHOULD be tax free at death? Only lots of what ifs, of which I don’t think any that have been mentioned are not already dealt with in other parts of the tax system already.

So how do people feel about CGT being free on other assets at death? Or IHT on pensions?

You have made the assumption though that the other reliefs you mentioned don't ret removed. There is speculation about that too. Things like bpr and apr etc and business asset disposal relief etc.

No doubt in my head that there will be changes. But it is a tough balancing act - and often these things have unintended consequences and don't end up creating the increase in tax that is thought.

Its going to be a very interesting budget I think.

LadyGAgain · 22/09/2024 11:33

DotPotato · 22/09/2024 11:27

So far it’s interesting as I haven’t seen a single argument about why gains in property SHOULD be tax free at death? Only lots of what ifs, of which I don’t think any that have been mentioned are not already dealt with in other parts of the tax system already.

So how do people feel about CGT being free on other assets at death? Or IHT on pensions?

I feel fine about it as per my post. HTH.

Putting · 22/09/2024 11:30

DotPotato · 22/09/2024 11:27

So far it’s interesting as I haven’t seen a single argument about why gains in property SHOULD be tax free at death? Only lots of what ifs, of which I don’t think any that have been mentioned are not already dealt with in other parts of the tax system already.

So how do people feel about CGT being free on other assets at death? Or IHT on pensions?

I’d support IHT on pensions, unless the pension is used to buy an annuity-type income for a partner or dependent child.

LadyGAgain · 22/09/2024 11:30

Hang on a minute.
For disclosure we are higher rate tax payers. No issue as we want and need our public services and that's the law. We don't dodge paying or move things to avoid.
We bought our home in 2018. So we haven't taken advantage of buying when houses were cheaper and huge gains. We have chosen to use our money in a home that suits our family. We have chosen to invest in pensions for old age rather than take multiple holidays for example. Someone else will have no pension, won't be paying a mortgage and have loads of holidays etc. We have spent money (after taxation) to make our property how we want it rather than buying designer gear or sending the children to private school. I do not see how or why we should pay even more (or the children pay) after our death given we have made what we deem to be sensible decisions. I would be happy with additional tax on income. Why should the pensions we have CHOSEN to build (rather than another holiday or whatever) be heavily taxed? Why should our home that we have CHOSEN to buy and spend money on (plus mortgage rates) be heavily taxed? Or should we sell up, rent, stop paying into pensions and make it the states problem when we can't afford to live, go on more holidays, live it up more?
There has to be a way to not penalise those who are already contributing.
And why large corporate businesses are able to avoid tax when the hard working individuals are slammed is beyond me. It's a shit show.

DotPotato · 22/09/2024 11:28

upinaballoon · 22/09/2024 11:24

Yes. I'm damn sure I paid much more than 20% Income Tax at times in my working life, and I am still liable to pay a little, as a pensioner.

I don't know how much difference it would make to change from 20% to 21%, in the way of income for the government to spend. However, am I right in thinking that Labour said they wouldn't raise Income Tax in their manifesto?

Correct

OP posts:
DotPotato · 22/09/2024 11:27

So far it’s interesting as I haven’t seen a single argument about why gains in property SHOULD be tax free at death? Only lots of what ifs, of which I don’t think any that have been mentioned are not already dealt with in other parts of the tax system already.

So how do people feel about CGT being free on other assets at death? Or IHT on pensions?

OP posts:
upinaballoon · 22/09/2024 11:24

PandoraSox · 22/09/2024 08:39

Oh, can you imagine the outrage if they did this? It would be the sensible thing to do, though.

Yes. I'm damn sure I paid much more than 20% Income Tax at times in my working life, and I am still liable to pay a little, as a pensioner.

I don't know how much difference it would make to change from 20% to 21%, in the way of income for the government to spend. However, am I right in thinking that Labour said they wouldn't raise Income Tax in their manifesto?

DotPotato · 22/09/2024 11:23

KnickerlessParsons · 22/09/2024 11:20

What about all the investments people make into their house to ensure it stays standing, or to improve it?

Eg we've just spent ££ on all new windows on our house. A few years ago we had the garden landscaped.

Over the years we've knocked walls down, put walls up, replaced carpets, gas boiler, fitted kitchen etc etc.

Would all those expenses be offset against the any profit made between buying and selling the house, and how would any beneficiaries or executors know how much was spent?

We’ve done this one, RTFT rather than jumping on to tell everyone why you shouldn’t pay tax.

  1. there is already a process for this in place with any form of second property (capital expenditure is deductible)
  2. if you don’t know then in other countries it’s assumed to be zero, it’s amazing how many people manage to find the documents they need.
  3. You’re making a profit on your investment anyway.
OP posts:
KnickerlessParsons · 22/09/2024 11:20

What about all the investments people make into their house to ensure it stays standing, or to improve it?

Eg we've just spent ££ on all new windows on our house. A few years ago we had the garden landscaped.

Over the years we've knocked walls down, put walls up, replaced carpets, gas boiler, fitted kitchen etc etc.

Would all those expenses be offset against the any profit made between buying and selling the house, and how would any beneficiaries or executors know how much was spent?

DotPotato · 22/09/2024 11:19

shockeditellyou · 22/09/2024 11:08

You were arguing that it’s not on to expect people on lower incomes to subsidise tax breaks for richer people. Firstly, they aren’t subsidising anything (it’s a tax break or exemption, not a cash service that is being underwritten), and secondly, the richer people are already subsidising (in that their tax definitely pays for services used by lower income families) a huge (and ever increasing) chunk of society.

I think some kind of stamp duty reform is a better way of taxing the growth of house prices. At the moment, the tax burden falls on the buyer, who hasn’t benefitted from the increase in property value.

It’s a tax break. Because wealth (assets) are subject to different CGT rules at death (none) than in life, and property is treated differently again. The taxes are there. These are exceptions therefore they are tax breaks that are subsidised by other tax payers having to pay more to achieve the same total tax take.

As for childcare, completely ridiculous comparison. For a start, it’s a form of redistribution which is the purpose of the tax system, free childcare enables lower income households to work which is good for the economy and for everyone. If your argument is that the threshold for receiving free hours is too high then do say.

OP posts:
shockeditellyou · 22/09/2024 11:08

DotPotato · 22/09/2024 11:02

Not clear what you mean, how is this comparable?

You were arguing that it’s not on to expect people on lower incomes to subsidise tax breaks for richer people. Firstly, they aren’t subsidising anything (it’s a tax break or exemption, not a cash service that is being underwritten), and secondly, the richer people are already subsidising (in that their tax definitely pays for services used by lower income families) a huge (and ever increasing) chunk of society.

I think some kind of stamp duty reform is a better way of taxing the growth of house prices. At the moment, the tax burden falls on the buyer, who hasn’t benefitted from the increase in property value.

DotPotato · 22/09/2024 11:06

JohnofWessex · 22/09/2024 11:00

What I am saying is that there has been a huge increased in house prices which has made both the value of and importance of inheritance much greater.

A better solution might be to introduce some sanity into the housing market and make pensions better

Got you, yes pensions are a problem but issues is extent to which employers can afford higher contributions as employees esp low to mid income can’t. Or set tax relief at flat 33%.

Prob with housing market is you can’t really take prices down that much, you can only stop them going up… which doesn’t solve the huge issue of how much wealth has been concentrated in homes of richer and (sorry) older generations. I don’t want to make this generational as I don’t think it’s a helpful way to look at what is essentially a wealth issue.

OP posts:
BaronessEllarawrosaurus · 22/09/2024 11:02

Am I understanding you correctly so my mother who is looking to move to a more suitable property (bungalow) but will probably be paying more not less than current on will be taxed on the increase in the new house (minimal) rather than the increase in the current property (300k ish) that works for me. Benefits the wealthy who have more ability to move so what's to be upset about (where's that sarcasm emoji again?)

DotPotato · 22/09/2024 11:02

shockeditellyou · 22/09/2024 10:56

If you’re going down that path, why should high earners subsidise free childcare hours and child benefit, for example?

Not clear what you mean, how is this comparable?

OP posts:
JohnofWessex · 22/09/2024 11:00

DotPotato · 22/09/2024 10:50

I’m not clear on your argument, are you saying that there should be a tax on wealth (assets) or not?

What I am saying is that there has been a huge increased in house prices which has made both the value of and importance of inheritance much greater.

A better solution might be to introduce some sanity into the housing market and make pensions better

shockeditellyou · 22/09/2024 10:56

DotPotato · 22/09/2024 10:42

But why should low and middle income households subsidise tax free wealth transfers for rich families?

Again I use the word subsidise purposefully as it’s the word so many people bring into discussion on tax.

If you’re going down that path, why should high earners subsidise free childcare hours and child benefit, for example?

Tiswa · 22/09/2024 10:54

Also @DotPotato it is exactly the lower and middle
income families you would hit

Tiswa · 22/09/2024 10:53

You can’t just bring in something that has increase from the date they bought it especially when many bought at ridiculously low prices up against a retirement home

you can fix it at the price it was on a particular year for all properties (similar to council tax) and do it from there and only have it if it is sold - solving the issues of farms as they aren’t sold and making it a more even playing field. Even so you are taxing it twice inheritance and CGT and it could actually badly impact the housing market and it could cause less houses to be sold and families keep assets

Labour will do something with it in October and the threshold has been cut