Guide to Finance

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The Capital Gains Tax

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The combination of an ailing economy and a struggling housing market during an election year has created the perfect storm to once again bring issues concerning the federal capital gains tax rate to the forefront of the public's attention. As our nation's government continues to further empty its coffers in an attempt to protect and stimulate the economy, many political figures and members of the media are forcefully asserting that an increase in the capital gains tax rate is needed to offset the government's proposed massive expenditures. Unfortunately, this theory is fatally flawed according to both economic principle and common sense. In fact, an increase in the capital gains tax rate during these difficult times will likely enhance the need for further government intervention and expenditures to remedy the damage that a rate increase would generate.



For clarification, the current federal capital gains tax rate of 15% does not pertain to ordinary income, but instead is applied against gains achieved through investments in real estate and securities such as stocks & bonds. Additionally, the state governments typically tack on additional capital gains taxes for their respective residents. Also understand that national residential real estate values have dropped by more than 35% over the past few years with an unprecedented amount of inventory still on the market for sale. The Dow Jones Industrial Average, our nation's key stock index, decreased by more than 40% in the year 2008 alone.

By applying the fundamental economic principle of supply and demand it is easy to see that the supply of real estate and securities for sale drastically exceeds the consumer's current demand to purchase. The inevitable result from such an unbalanced relationship between supply and the corresponding demand is a decrease in the perceived value of real estate, stocks and bonds. This is precisely why the federal government, economists and prominent members of the business world are constantly attempting to increase demand by acting to encourage the public to once again muster the confidence to invest in real estate and securities.

It is therefore unfathomable to suggest that the United States? economy will be better served by increasing the capital gains tax rate for those that courageously make these investments. This is especially true at a time when confidence in investment is more direly needed than it has been for generations. The way to our economic salvation is undisputedly through reducing supply, so it is important that we don't punish those individuals that could represent the much needed demand.

The very existence of a capital gains tax surely has Alexander Hamilton continuously turning in his grave. Our country's founding fathers were generally of the mindset to tax primarily those activities that the public and the government wanted to discourage. Taxing the purchase or sale of foreign made goods, tobacco, luxury items and alcohol made sense to these brilliant architects of a new nation. However, the imposition of taxes on activities that directly promote the interests of the nation as a whole was certainly not what they had in mind.
The Capital Gains Tax
The biggest news was undoubtedly the shock announcement of a new single flat rate of Capital Gains Tax. The new rate of 18% is to apply to all capital gains arising on or after 6th April 2008.

And it isn't just a new rate of tax. Effectively, from 6th April 2008, we will have a whole new and much simpler property tax regime. The new flat rate system will replace the taper relief regime introduced by Gordon Brown in 1998. From April we will no longer be concerned with how long an asset has been held or whether it qualifies under the rather tortuous ?business asset? rules ? the flat rate of 18% will apply to everything.

In the immediate aftermath of the Pre-Budget Report, early commentators were swift to remark on what good news this was for property investors. The new rate of 18%, they argued, was an improvement on the effective long-term rate for sales of non-business assets by higher rate taxpayers holding property for ten years or more: 24%.

However, as is usually the case in the tax world, things are not so simple in every case.

Sure enough, most higher rate taxpayers selling residential property after 6th April 2008 will benefit under the new flat rate regime. But many other investors are set to lose out.

The abolition of taper relief means that the ability to benefit from an effective Capital Gains Tax rate of just 10% after owning qualifying business assets for just two years will disappear. Since 2004, most commercial property has qualified as a business asset for taper relief purposes. The effective tax rate on sales of this property after 6th April 2008 will almost double from 10% to 18% in many cases.

Another group of people who may lose out are basic rate taxpayers. The new flat rate of 18% applies to everyone regardless of their income level. A basic rate taxpayer selling a property held since before 17th March 1998 would currently pay capital gains tax at an effective rate of just 12%. After 6th April 2008, this increases by a factor of a half, to 18%.

In fact, any basic rate taxpayer selling property which they have owned for five years or more may be worse off under the new flat rate regime.

-Other news in brief-

The change to the Capital Gains Tax regime is by far the biggest news for property investors. A few other points are, however, also worthy of a brief mention:

The nil rate band for Inheritance Tax (currently ?300,000) has been made transferable between spouses and civil partners. This welcome measure was given immediate and retrospective effect, so that widows, widowers and surviving civil partners begin to benefit straight away.

The proposed Planning Gain Supplement due for introduction in 2009 has been scrapped in favour of a planning charge on all new developments.

Non-UK domiciled taxpayers resident in the UK for seven years or more will either have to pay tax in full on their overseas income and capital gains or face an annual charge of ?30,000 from 2008/9 onwards. All non-UK domiciled taxpayers will also lose entitlement to their personal allowance if they continue to claim their current exemption on unremitted overseas income of ?1,000 or more after 6th April 2008.
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About Author
Both Brian S. Icenhower & Nick Braun are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Brian S. Icenhower has sinced written about articles on various topics from Real Estate, Fannie and Freddie Mae and Real Estate. Brian S. Icenhower, Esq., BS, JD, CRS, CRB, ABR, is a real estate broker, an attorney, a California Associations of Realtors Director, a
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