Selling some stuff - tax issues?

Selling some stuff - tax issues?

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Maxf

Original Poster:

8,419 posts

247 months

Wednesday 16th September 2009
quotequote all
I may be selling a few pictures I have collected, which may (if it happens) mean a decent chunk of cash coming my way - about £20k. Obviously I paid for them in the first place, but about 50% of this will be profit.

Will I be liable for any kind of cap gains or other tax?

2 sMoKiN bArReLs

30,488 posts

241 months

Wednesday 16th September 2009
quotequote all
...only if you post your intention on a web site hehe

Maxf

Original Poster:

8,419 posts

247 months

Wednesday 16th September 2009
quotequote all
yep - my NI number is .....

Seriously though - do I really have to fill out a self assessment form and go through all that hassle for selling a few pictures I bought at the right time, without the intention of making any money? As they are owned 50/50 with my Mrs I suspect any tax liability will be small anyway.

2 sMoKiN bArReLs

30,488 posts

241 months

Wednesday 16th September 2009
quotequote all
Yep...after joint CGT allowance not a lot to pay. (less if you straddle two tax years)

Maxf

Original Poster:

8,419 posts

247 months

Wednesday 16th September 2009
quotequote all
Actually, if I have to pay tax on the profit - can I claim tax back on the money I have lost on other things? I bet it isn't that two sided!

Eric Mc

122,685 posts

271 months

Wednesday 16th September 2009
quotequote all
Maxf said:
Actually, if I have to pay tax on the profit - can I claim tax back on the money I have lost on other things? I bet it isn't that two sided!
No.

Are these items jointly owned?

johnfm

13,668 posts

256 months

Wednesday 16th September 2009
quotequote all
Eric Mc said:
Maxf said:
Actually, if I have to pay tax on the profit - can I claim tax back on the money I have lost on other things? I bet it isn't that two sided!
No.

Are these items jointly owned?
Why can't he offset any previous capital losses (ie on shares etc?).

Maxf

Original Poster:

8,419 posts

247 months

Thursday 17th September 2009
quotequote all
Eric Mc said:
Maxf said:
Actually, if I have to pay tax on the profit - can I claim tax back on the money I have lost on other things? I bet it isn't that two sided!
No.

Are these items jointly owned?
I guess so - everything we have is jointly owned. Not intentionally though, just as a fact of living together and sharing money.

It seems odd I can't offset the tax against other (similar) things I didn't buy as shrewdly.

johnfm

13,668 posts

256 months

Thursday 17th September 2009
quotequote all
Max, if you have crystallised capital losses, for example selling shares or other assets at a loss, I think you can offset losses incurred - but you have yo be able to show the loss has happened, ie, if your shares are worth less, but you have not sold them, you haven't suffered that loss yet.

Eric Mc

122,685 posts

271 months

Thursday 17th September 2009
quotequote all
You can carry forward Capital Losses made in earlier tax years for offset against future Capital Gains. However, the Losses must have actually been made i.e. the asset actually disposed of and a loss generated as mentioned above)for the loss to actually crystalise and become available.
The loss will also have to have been calculated in line with the Capital Gains copmputation rules in force at the time the disposal and loss occurred. These rules have changed substantially over time - with the most recent major changes coming into effect on 6 April 2008.

Regarding joint ownership - this will be a matter of fact,. not opinion. If an asset is legally held as being owned by more than one individual, then it is legally defined as jointly held. If the asset is sold, the gain or loss will be apportioned between to the individuals involved. The other main advantage of jointly owned assets is that each individual involved can offset their owm personal CGT tax allowance against their share of the gain.

Edited by Eric Mc on Thursday 17th September 10:55

bonsai

2,015 posts

186 months

Thursday 17th September 2009
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Just don't bother informing anyone, don't the IR get most of their filthy lucre from grasses etc? The Auction house will take enough of a cut anyway.

I really don't really see how this would get picked up on?

Eric Mc

122,685 posts

271 months

Thursday 17th September 2009
quotequote all
bonsai said:
Just don't bother informing anyone, don't the IR get most of their filthy lucre from grasses etc? The Auction house will take enough of a cut anyway.

I really don't really see how this would get picked up on?
Aah - the old " a crime is not a crime if no one discovers it " view of life.

The OP may not share this viewpoint and may want to do "the right thing". The best course of action is to have preliminary CGT computations prepared - taking into account all the relevant factors (reliefs, allowances, shared title - if appropriate, allowable losses etc) and see if anything needs to be returned.



Edited by Eric Mc on Thursday 17th September 11:24

Maxf

Original Poster:

8,419 posts

247 months

Thursday 17th September 2009
quotequote all
Eric Mc said:
bonsai said:
Just don't bother informing anyone, don't the IR get most of their filthy lucre from grasses etc? The Auction house will take enough of a cut anyway.

I really don't really see how this would get picked up on?
Aah - the old " a crime is not a crime if no one discovers it " view of life.

The OP may not share this viewpoint and may want to do "the right thing". The best course of action is to have preliminary CGT computations prepared - taking into account all the relevant factors (reliefs, allowances, shared title - if appropriate, allowable losses etc) and see if anything needs to be returned.
I certainly want to know my position so I can prepare and make any necessary accruals. It may be that for my net gain it isn't actually worth selling, as I do 'enjoy' owning them. I just though it would be a nice lump towards something red for the garage wink

I'm talking about comics and comic art. Crazy that I have to think about CGT for stuff like this!

Eric Mc

122,685 posts

271 months

Thursday 17th September 2009
quotequote all
Why should Comics or Comic Art be excluded? CGT relates to the sale of any capital assets which results in a Capital Gain to the seller.

Don't forget that you can have annual gains totalling £10,100 for tax year 2009/10 and not pay a penny CGT.

Also, CGT is charged at 18% - even if you are a 40% tax payer.

On balance, CGT is one of the "fairer" taxes and most small disposals tend to be exempted.

Maxf

Original Poster:

8,419 posts

247 months

Thursday 17th September 2009
quotequote all
Eric Mc said:
Why should Comics or Comic Art be excluded? CGT relates to the sale of any capital assets which results in a Capital Gain to the seller.

Don't forget that you can have annual gains totalling £10,100 for tax year 2009/10 and not pay a penny CGT.

Also, CGT is charged at 18% - even if you are a 40% tax payer.

On balance, CGT is one of the "fairer" taxes and most small disposals tend to be exempted.
I wasn't saying it shouldnt - just making more of a social commentary as to how things have changed and what the new 'antiques' are.

Thanks for your help.

Eric Mc

122,685 posts

271 months

Thursday 17th September 2009
quotequote all
Maxf said:
Eric Mc said:
Why should Comics or Comic Art be excluded? CGT relates to the sale of any capital assets which results in a Capital Gain to the seller.

Don't forget that you can have annual gains totalling £10,100 for tax year 2009/10 and not pay a penny CGT.

Also, CGT is charged at 18% - even if you are a 40% tax payer.

On balance, CGT is one of the "fairer" taxes and most small disposals tend to be exempted.
I wasn't saying it shouldnt - just making more of a social commentary as to how things have changed and what the new 'antiques' are.

Thanks for your help.
Have you seen how much a first edition of "Action Comics" goes for these days?




In February this year, a good quality copy of this comic went for £227,000 at auction.
No wonder HMRC might be interested.

koolchris99

11,466 posts

185 months

Friday 18th September 2009
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i thought second hand goods you dont get taxed on the profit.??

i am also considering selling some of my banksy's and thought this was the case.

am i very very very wrong?


Maxf

Original Poster:

8,419 posts

247 months

Friday 18th September 2009
quotequote all
koolchris99 said:
i am also considering selling some of my banksy's and thought this was the case.

am i very very very wrong?
I think so.

koolchris99

11,466 posts

185 months

Friday 18th September 2009
quotequote all
from HMRC

"As long as you are not buying goods with the intention of selling them at a profit, you are not regarded as a trader," it says. "This means you do not have to notify us and declare the income on your tax return."

so sell away

amirzed

1,746 posts

182 months

Friday 18th September 2009
quotequote all
even if it were regarded as taxed, joint names equals 2 cgt allowances equals no tax, if you're slightly worried then just write both your names on the reciept and attach a printout of the cgt amount for 2009/10 from HMRC website, multiply it by 2, take off the profit you've made (write this down on the printout) and it'll show a negative figure hence no tax.

if you ever get asked about it (highly unlikely) then you're covered...