I Predict A Capital Gains Tax Riot

Published in Investing on 28 May 2010

John Redwood is fighting to stave off higher CGT rates.

When it comes to bothering Conservative Prime Ministers, John Redwood has previous. Nicknamed the Vulcan on account of his deliberate mannerisms, the Tory MP for Wokingham stood against John Major in 1995, yet only succeeded in making his grey opponent come across as rather warm and jolly in comparison.

Now, 15 years later, Redwood has risen once more from the backbenches, this time to take on the coalition government's plans for a big hike in Capital Gains Tax (CGT).

This Redwood rebellion is more logical, as Spock would say. In opposition the right-leaning MP chaired David Cameron's Policy Review Group on Economic Competitiveness, and he's advised the new chancellor George Osborne. It's easy to believe he reads up on tax law during bank holidays for fun.

And politically speaking, a hike in CGT looks a Lib Dem policy too far for traditional Conservatives, as well as the Tory press.

Several papers have kicked back over in recent days in a surprising showdown over what's too-often labeled a rich man's tax. David Cameron was even forced to defend the mooted changes on the BBC's influential Today radio show.

Murky tax affairs

One difficulty with the CGT debate -- and also why there's still all to play for -- is that we don't actually know what the specific plans are for CGT, and won't until the coalition's first budget on 22 June.

So far we've simply been told the government plans to:

"Seek ways of taxing non-business capital gains at rates similar or close to those applied to income, with generous exemptions for entrepreneurial business activities."

That's widely assumed to mean CGT will be taxed according to your income band, as it was under the last Conservative government. It would entail marginal rates of 20, 40 or 50% compared to today's flat CGT rate of 18%.

Fears have also been stoked by the pledge in the Liberal Democrats election manifesto to reduce the annual CGT exemption from £10,100 a year to just £2,000.

Redwood rides to the rescue

John Redwood proposes a different solution. In an open letter to the new Exchequer Secretary David Gauke MP that he has also published on his blog, Redwood writes:

"I suggest that you tax gains of under one year as income. I would suggest you tax them at 40% for higher rate payers, as I understand the 50% rate is a temporary measure. Were you to use the 50% rate it would need to be clear that you intend to go back to 40% for both Income and Capital Gains as soon as possible."

Redwood points out that charging long-standing property investors or shareholders a 40% rate would be an unfair tax on inflation, given that the old indexation allowance was scrapped when the 18% rate was introduced:

"I therefore suggest that longer term gains should be taxed at lower rates. If you taxed two year gains at 30% and three year gains at 20%, higher rates than the current one, you could tax gains of four years or more at 10%. This should increase the total revenues from CGT by the second year, and offer a stimulus to longer term investment. I would myself go further and offer no capital gains after five years, to send a strong signal to the world's investors that the UK is back in business."

Since Redwood wrote his letter other prominent Tory MPs have come out in support, including the former shadow Home Secretary David Davis. Yet so far the coalition has merely said it's still consulting on the changes, with Liberal Vince Cable even calling Redwood's suggestion 'unworkable'.

Higher rates, lower revenues

Cable protests too much -- Redwood's taper relief system is simpler than the indexation that was in place barely two years ago.

It's also disingenuous for Cable and other supporters of higher CGT rates to claim that they're the only way to stop people converting income into capital gains.

There are plenty of territories in the world with low CGT rates that still somehow manage to collect income tax, and to stop excessive tax shifting by high-fliers (who will find loopholes in any tax regime).

In fact, there are perfectly respectable countries that charge zero CGT -- and not only obscure Caribbean islands or Asian and European microstates. Low or no CGT is payable in the Netherlands and New Zealand, for instance.

Redwood says he appreciates the need to raise more revenue to lift the personal income tax allowance to £10,000 a year. But he argues that raising CGT rates might actually reduce the tax take. He quotes evidence from the US, where annual tax revenues rose from $28.5 billion to $93.3 billion when the CGT rate was reduced to 20% from 24%, only to fall in the late 1980s when the rate was lifted to 28%. A subsequent increase in revenues occurred when the US CGT rate was cut back to 15% in the past decade.

Perhaps the most persuasive piece of number-crunching though comes from The Daily Telegraph's Ian Cowie, who has poured over the Inland Revenue's figures to discover that over half the people who paid CGT in 2008 (the most recent numbers available) did so on gains of less than £25,000. This so-called rich man's tax is clearly also a levy on the middle classes who assume responsibility for their financial wellbeing -- not to mention risking their own hard-earned (and previously taxed) capital in investments with no guarantee of success.

It's a strange feeling to side with John 'The Vulcan' Redwood. But I think the majority of Fools will hope his tax revolt is long-lived and prospers.

More from Owain Bennallack:

> Don't forget to use your £10,200 tax-free ISA allowance for 2010/11. Open a Motley Fool Self Select ISA today.

Share & subscribe

Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

UncleEbenezer 28 May 2010 , 2:55pm

Come off it!

CGT is a tax paid only by the *very* rich, and it explicitly excludes what they've worked for. I six-figure equity portfolio that has comfortably outperformed the FTSE, and no fear whatsoever of a CGT rise. But I consider it extremely unfair that the government takes a marginal rate of more than half my hard-earned to (among other things) subsidise people far richer than I'll ever be, by substantially propping up house prices.

Redwood is being disingenuous. He's trying to equate spivs and speculators with genuine entrepreneurs. And it seems he has support from a bunch of overprivileged journalists.

As for taper/indexation relief, I'll accept that argument when it's applied consistently - to cash savings.

inaras 28 May 2010 , 4:17pm

I agree totally with Uncle Ebenzer.
Why should those of modest means, whose investments in a building society for example, have to pay full income tax, whilst speculative second home owners expect to reap rich rewards for no effort.
Second home purchase (way beyond my budget, and that of the majority) and BTLs have helped to push up prices of property well beyond reason, and in the process, deprived many potential first time buyers of any hope of ever owning their own home. (Note, HOME, not investment).
I think that Cameron has been quite brave in alienating his core of, richer than most, supporters, and any referendum on THIS topic would result in an overwhelming Yes vote in support of CGT at Income Tax rates.
Good on ya Dave. Don't weaken!

rober00 28 May 2010 , 4:58pm

I think it is totally wrong to up the rate of CGT without making provision for inflation in the net calculation.
As an investor I have managed by the careful use of strategic sales/losses to avoid ever paying CGT to the present. I believe it would be totally unfair and a very "socialist" move to penalise the middle class investor for inflationary increases.
Government must accept responsiblity for inflation, over which investors have no control.

plbplb 28 May 2010 , 5:40pm

Investment in residential property (i.e. buy to let) is not productive investment and is not beneficial to the economy as a whole.

Investment in businesses/job creation is productive investment and does benefit the economy as a whole.

The distinction should be made - the tax system should encourage the latter, but not the former.

supasap 28 May 2010 , 5:55pm

all second home owners need do is to move into second home once they want to sell it, live there for a while and then sell....... a hassle but it's the government's fault for more than doubling it, if it remains at 18% then many avoiders will just cough up, tax is fair enough but 40% is robbery

geoff1964 28 May 2010 , 6:55pm

40% is right..Greedy slumlords will tell you different but they have had all the tax advantages to be able to pay higher prices for property therefore pricing out first time buyers...it must stop...

inaras 28 May 2010 , 7:43pm

I agree with roberOO that CGT should allow for inflation but with the house prices linked to RPI and not to house inflation. Thus if RPI has increased by 10% since the purchase of a property at £100,000, the, for CGT purposes, the cost of that house should be assumed at £110,000 and not its actual selling price.
That would be eminently fair.
Why does supasap think that 40% is robbery, when that is what one pays on EARNED income or interest on building society deposits.
One is simply looking for equality in the taxation system and not the subsidising of rampant price ramping.

Nickolarge 28 May 2010 , 7:55pm

Property speculators have had a good run at a great cost to the rest of us. It's high time it was stopped. If it causes house prices to decline all the better. The sort of decline I would like to see would make the speculators lose money. They wouldn't have to worry about CGT at 40% then, would they?

2MeterBear 28 May 2010 , 9:31pm

Those opposing the CGT rise are pretty much just BTL investors aren't they? After all, equity pension savings can be in a SIPP (no CGT) or in an ISA (no CGT) at a level where all but the extremely rich can harbour adequate provision for retirement.

People with multiple properties saw a one time mega-windfall in a property bubble that they were partly responsible for creating at the expense of the less well off who simply can't afford to get on 'the ladder'. (Scare quotes because the wide rungs on that ladder mean that its effectively dead and gone anyway).

If taper relief comes back, it should be over 10 years, not 5. And at least it should prevent another bout of property flipping in future.

Gengulphus 29 May 2010 , 12:06pm

Fears have also been stoked by the pledge in the Liberal Democrats election manifesto to reduce the annual CGT exemption from £10,100 a year to just £2,000.

Really? Could you tell me the page number, please, because I have been unable to find it in my copy.

I do know the idea of reducing the CGT exemption was floated in interviews, etc, around the time that they released their manifesto - but as far as I can tell, it wasn't actually in the manifesto.

Cable protests too much -- Redwood's taper relief system is simpler than the indexation that was in place barely two years ago.

What we had in place up from April 1998 to April 2008 was taper relief. That taper relief system did have an extra complexity compared with John Redwood's proposal, in that it had two different taper scales for business and non-business assets, so I'll agree about the "simpler" part. But it was not "indexation" - that was what we had before April 1998.

The only thing that changed about indexation in April 2008 is that before then, if you'd bought the asset before April 1998, you could still make a historical claim for indexation up to April 1998 and then apply taper relief from then up to the point of sale. The April 2008 changes got rid of such historical claims for both indexation and taper relief.

Gengulphus

TimeValue 29 May 2010 , 12:11pm

CGT at 18% with a threshold of £10k seems too generous compared to a low paid worker with a threhold of £6k and income tax and NI compounded at over 30%. I advocate CGT linked to the rate of income tax and NI compounded but with index linked relief. I'd apply it to all property, principal residences included, plus all other classes of investment and speculation. I would also increase thresholds of CGT, income tax and NI to the same level (around £10k).

It's is surely unfair that a property speculator would pay less tax than and cleaner or street sweeper. We could also increase the national minimum rate to a living wage. That way we won't be paying tax credits as an indirect subsidy to greedy employers. Take, as an example, fast food chains. They pay their staff very low wages and the wider taxpayer pool pays the tax credits to allow the staff live. The employer's profits are often repatriated to the places like the US in franchise charges. The employers are exploiting the low educational standards and inability of staff to organise to gain indirect subsidy from other workers and businesses.
To tackle large scale worklessness we have to confront wage rates as well as all taxation.

supasap 30 May 2010 , 9:07am

a lot of people invested in property after being let down by pensions and equities, now many of you on this board may have found it easy to make money from equities but for many it has been difficult not lose money, just look at the appalling returns many pension investments have returned recently, so many saw BTL as refuge, don't think that's greed if they had witnessed bad returns of equities, changing goalposts so often re 18% to 40% or taper relief is not fair on anyone trying to reduce their future reliance on state benefits

MarkinLondon1964 01 Jun 2010 , 9:53am

The massive red herring being put up by opponents of the CGT increase is that share helds in pension plans will incur the charge. At least right wing Tory fossil was saying this on Radio 4 over the weekend

Er, no they won't - as any Fool knows. Shares in a SIPP are CGT exempt.

supersol42 01 Jun 2010 , 2:11pm

Please remember, The Late Darling was roundly criticised for keeping the rate as HIGH as 18% after having removed indexation, which was why he had to introduce the 10% rate for "Entrepreneurs".

Clegg happens to be my MP, but I didn't vote for him. He displayed crass idiocy and spite when he got on his high horse about this in the TV debates.

What is more shocking is that some relatively bright Tories seem to have been taken in by Clegg's fundamentally flawed and insidiously dangerous views on CGT.

sonrisa1 01 Jun 2010 , 2:31pm

The majority of people will not be in the running to pay CGT & if they do then they are not exactly Paupers & can well afford it but greed kicks in as usual & they do not wish to part with any money even if won by Gambling as share trading is. In general many people are grossly overpaid is there anybody who can not live on an income of £100,000per annum??? 2nd are they worth more?? in my opinion an emphatic no, there should not be annual rises for just doing nothing it fuels inflation, we need to beat inflation which has been excessive & bonuses I think the goldman sacks bonuses should have been passed to Charities for Haiti, I have to pay what was ACT on my small shareholding although I have no other income yet another theft by Brown when chancellor.

TonyBritten 01 Jun 2010 , 5:45pm

REDWOOD IS RIGHT!! Right Wing, Right not Wrong. Anyone who has the expertise of fully understanding FINANCE knows that REDWOOD is right.
Edward Heath fully understood the meaning of RISK Capital but it's quite clear to me that many of the respondents here don't understand. When you stick your money in the building society you are asking for absolute security, that's why you get a poor return. If you risk your capital on the market you do deserve a decent return for your risk, ie the higher the risk the greater reward (an old Bank creed).
Redwood is a maestro, George Osborne a student and he is backed up by a load of pathetic Lib Dems.
REDWOOD IS RIGHT!!!!!!!

gordonbanks42 01 Jun 2010 , 5:54pm

"poured over"? - I think you meant "pored over".

We need CGT on principal places of residence as well as BTLs. Enough of the "greedy" landlord name-calling. What about the "lazy" owner-occupiers using their houses as cash machines rather than working to earn what they wanted to spend?

We also need incentives for longer-term asset ownership (at least 5 years) and disincentives for short-term churning (that's called trading, which is income and should be taxable as such).

supasap 02 Jun 2010 , 12:58am

does anyone know the facts about the argument about when tax rates increase especially CGT the government makes less revenue, also a right wing investment analyst claims that over 80% of tax revenues comes from business but that sounds hogwash to me but be interested in the figures

actiondan 02 Jun 2010 , 12:06pm

Personally I rely on the £10K allowance to avoid the need for a (moderately costly) ISA wrapper for my shares investments. I've never yet come close to exceeding £10K when selling shares in any year, but wouldn't feel comfortable if the allowance was reduced significantly.

I do think that since CGT applies to profits on investments, it ought to equally apply to profits from spreadbetting accounts & lottery windfalls. Why should gambling be exempt?

It's also my view that inheritances should be counted as capital-gains (with relief for inheriting from wife, parents, children) - to replace inheritance tax.

Then having broadened the reach of CGT there ought to be no reason to increase the rate beyond 20%.

I'd also guess that one problem of taxing second homes is that it'll likely penalise people who've been forced into rent-to-buy because their property won't sell - which I may yet have to do myself although I'm hoping not to.

Join the conversation

Please take note - some tags have changed.

Line breaks are converted automatically.

You may use the following tags in your post: [b]bolded text[/b], [i]italicised text[/i]. All other tags will be removed from your post.

If you want to add a link, please ensure you type it as http://www.fool.co.uk as opposed to www.fool.co.uk.

Hello stranger

To add your own comment, please login.

Not yet registered? Register now.