It’s Valentines Day…a time for couples to show
each other how much they care. And if it can be done in a tax-efficient
manner, then so much the better! Here are ten top tips:
1. A romantic dinner for twoRemember that this is supposed to
be pleasure, not business, so don’t try to claim the cost of your dinner
or hotel stay as a business expense!
On the other hand, staff entertaining can be claimed, so if your loved
one is your only employee, why not have a Valentine’s Day party? Bear in
mind the £150 per head limit for benefit-in-kind purposes, to avoid any
unexpected tax bills. (If you've already used this up on a lavish
Christmas do however - you've lost your chance!)
2. Tax relief for your Valentines Day gift?
Looking for that special gift idea? Not excited by flowers or
chocolates? Spoil your loved one with a gift of something (other than
food, drink, tobacco or a gift voucher) bearing a conspicuous
advertisement for your business.
A tax deduction may be claimed, but don’t get too carried away - the
cost of the gift must be no more than £10 per head.
3. What’s mine is yours
Consider transferring assets to your spouse. Gifts between spouses
living together are normally made on a ‘no gain, no loss’ basis for
capital gains tax purposes, and are completely exempt from inheritance
tax between United Kingdom domiciled spouses. Such gifts can assist in
utilising unused capital gains tax losses and annual exemptions, and in
equalising estates for inheritance tax purposes to use the nil rate
bands of both spouses.
Outright gifts of income producing assets can also take advantage of
income tax allowances and rates. However, don’t get caught by the
‘settlement’ provisions, particularly involving gifts of business
interests.
4. Be generous…but don’t get carried away!
Before you get too misty-eyed and make any inter-spouse transfers of
business assets, aside from the settlements anti-avoidance rules
mentioned above consider the implications for capital gains tax taper
relief purposes.
Would your gift be a business asset in the hands of your loved one, and
would the holding periods of both spouses be taken into account on a
subsequent disposal?
5. Planning a rosy future together
Consider giving a romantic stakeholder pension to your partner. Even
if your beloved has no earnings (or is earning less than £30,000 a year)
it may be possible to contribute up to £3,600 per annum into a
stakeholder pension. And don’t forget a stakeholder pension for the
kids!
6. Wedding bells
Getting married? Does your beloved have wealthy parents?
What about dropping a subtle hint about the £5,000 inheritance tax
exemption for gifts in consideration of marriage by each parent?
8. Diamonds are forever
Are you still waiting to receive that diamond ring? Remember that
there is no capital gains tax charge on the disposal of certain
‘wasting’ chattels, i.e. assets with a predictable useful life of 50
years or less. As ‘a diamond is forever’ trying to classify it as a
wasting asset is likely to be problematic. However, if its value is less
than £6,000 the gift will in any event be exempt from capital gains tax.
9. Share and share alike
Wishing to make an extravagant gesture? Why not gift your spouse
between £500 and £150,000?
They could use this money to invest in the shares of an enterprise
investment scheme company, and potentially obtain income tax relief on
20% of the investment. Husband and wife may each subscribe up to
£150,000 and claim the relief. Alternatively, a transfer of enterprise
investment scheme shares to your spouse should not result in any
withdrawal of relief, if you are both living together.
10. Are you lonesome tonight?
Have you been working abroad for 60 days or more? Missing your loved
one?
Why not arrange for your spouse to visit you? A deduction from earnings
may be claimed for certain travelling expenses of your spouse, which are
paid or reimbursed by your employer. This includes up to two outward and
two return journeys in the same tax year.
Happy Valentines Day!
One final thought. If the big day does not go according to plan and your
Valentine’s Day tax planning activities are not well received, don’t
worry. The inter-spouse exemption for capital gains tax purposes applies
throughout the whole of the tax year of separation!
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