“Because Capital Gains Tax can be a voluntary tax, there is the ability to plan for it in advance and to ensure that maximum relief is available to mitigate or avoid any tax liability.”

Capital gains tax seems rarely out of the public eye. The erosion of the ability to use long established reliefs to avoid tax on transfers of assets into trusts means it is best to plan well ahead and structure the ownership of assets all the more carefully.

We have a multi disciplinary team comprising not only solicitors but also a member of the Association of Taxation Technicians. We can advise on the capital gains tax implications of:

• quoted and unquoted share disposals
• business disposals
• sales and gifts of property
• the availability of reliefs on gifts to individuals and trusts
• the availability of 'Entrepreneur's Relief' in relation to business assets
• establishing in year losses and losses carried forward for future use
• the availability of PPR or main residence relief and how to maximise this very generous relief to cover more than one property
• disposals made by trustees and personal representatives
• assessing the tax for transactions already done, and negotiating with HM Revenue & Customs to reach agreement on liabilities

‘After the event’ tax mitigation planning is still possible in limited circumstances, but ideally advice is sought before a transaction so that the liability is minimised as much as is allowed within the rules.