Medium2 marksMultiple Choice
Chargeable Gains for IndividualsSection BCGTGift Relief

ACCA · Question 19 · Chargeable Gains for Individuals

Section B: Case 1 - Vanguard Robotics

Scenario: Vanguard Robotics was run as a sole trade by Liam, developing specialized robotic arms for manufacturing. Liam prepared accounts to 31 December each year. On 30 September 2023, Liam ceased trading as a sole trader and transferred the entire business as a going concern to a newly formed company, Vanguard Robotics Ltd, in exchange for shares.

Question: If Liam chose to disapply Incorporation Relief (s.162) and instead jointly elected for Gift Relief (s.165) on the transfer of a specific factory building to the company, what would be the immediate CGT consequence for Liam regarding the cash consideration received?

Answer options:

A.

The cash received would be completely ignored for Gift Relief purposes.

B.

The cash received would restrict the amount of Gift Relief available, creating an immediately chargeable gain.

C.

Gift Relief cannot be claimed on a transfer to a company.

D.

The cash received would be taxed as a dividend.

How to approach this question

Consider the rules for Gift Relief (s.165) when partial consideration (cash) is received. How does actual consideration affect the held-over gain?

Full Answer

B.The cash received would restrict the amount of Gift Relief available, creating an immediately chargeable gain.✓ Correct
Under Gift Relief (s.165), if a business asset is transferred and the transferor receives actual consideration (e.g., cash) that exceeds the allowable base cost of the asset, the excess of the consideration over the base cost is immediately chargeable to CGT. The held-over gain is restricted to the remaining balance of the gain. Therefore, the cash received creates an immediate tax liability.

Common mistakes

Assuming Gift Relief can wipe out the entire gain regardless of cash received.

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