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Author: Glenn

Private Residence Relief – when it applies

Selling your main residence? Private Residence Relief can exempt you from Capital Gains Tax. If you meet certain conditions, there may be nothing to pay.

In most cases, Capital Gains Tax (CGT) does not apply to the disposal of a property that has been used as your main family residence. This exemption known as Private Residence Relief can eliminate CGT entirely if certain conditions are met. However, the relief does not apply to investment properties that have never been used as your home.

To qualify for full Private Residence Relief, the following conditions must generally be satisfied:

  1. The property has been your only or main residence throughout the entire period of ownership.
  2. No part of the property has been let out, with the exception of taking in a lodger.
  3. No area of the home has been used exclusively for business purposes. (Using a room occasionally or temporarily as a home office does not count as exclusive business use.)
  4. The garden and grounds, including any outbuildings, do not exceed 5,000 square metres (just over an acre).
  5. The property was not acquired with the sole intention of making a profit.

If a property has been your home at any point, the final 9 months of ownership are automatically treated as a period of qualifying residence for CGT purposes, even if you were not living there when the property was sold. In some limited circumstances, this final exempt period can be extended to 36 months (for example, where the homeowner moves into care or is unable to sell immediately).

Additional reliefs may also be available if the homeowner had to live or work away from home for extended periods.

It's also important to note that married couples and civil partners can only designate one property as their main home at any given time for tax purposes.

Do not forget to claim the marriage allowance

If one partner in a marriage or civil partnership earns under £12,570, you could save up to £252 a year, and up to £1,260 if you backdate your Marriage Allowance claim for the past four years.

The Marriage Allowance can be claimed by married couples and civil partners where one partner does not pay tax or does not pay tax above the basic rate threshold for Income Tax (i.e., one partner must earn less than the £12,570 personal allowance for 2025-26).

If claimed, the lower-earning partner can transfer up to £1,260 of their unused personal tax-free allowance to their spouse or civil partner. The transfer can only be made if the recipient (the higher-earning partner) is taxed at the basic 20% rate, which typically means they have an income between £12,571 and £50,270. For those living in Scotland, this would usually apply to an income between £12,571 and £43,662.

By using the allowance, the lower-earning partner can transfer up to £1,260 of their unused personal allowance, which could result in an annual tax saving of up to £252 for the recipient (20% of £1,260).

If you meet the eligibility criteria and have not yet claimed the allowance, you can backdate your claim for up to four years. This could provide a total tax saving of up to £1,260 and would include the tax years 2021-22, 2022-23, 2023-24, 2024-25 and the current 2025-26 tax year. Applications for the allowance can be submitted online at GOV.UK.

New requirement – verifying ID at Companies House

Identity verification is now rolling out for directors, PSCs, and agents, with more filing roles to be included soon under new anti-fraud rules.

Companies House is beginning to roll out mandatory identity verification. This is part of wider reforms introduced by the Economic Crime and Corporate Transparency Act that was granted Royal Assent in October 2023. This legislation strengthens Companies House’s authority to prevent the misuse of corporate structures and tackle economic crime.

A key feature of the Act is the requirement for identity checks for individuals involved in company formation, management, or ownership in the UK. Eventually, anyone incorporating a company or being appointed as a director or a person with significant control (PSC) will be legally required to complete identity verification.

Authorised Corporate Service Providers (ACSPs)

Since 18 March 2025, any ACSP that is defined as an individual or organisation conducting Anti-Money Laundering (AML) supervised activities must verify their identity before they can register as an authorised agent with Companies House.

Since 8 April 2025, ACSPs that are registered as authorised agents are permitted to carry out identity verification on behalf of their clients. This means that only those registered as authorised agents will be allowed to submit filings on behalf of other businesses.

Directors and Persons with Significant Control (PSCs)

Also, since 8 April 2025, directors and PSCs are able to verify their identity voluntarily. Over time, this step will move from optional to mandatory, forming a required part of compliance when forming or managing a company.

Individuals Filing with Companies House

At present, identity verification is not compulsory for individuals submitting filings to Companies House. However, this will also change in due course, with verification becoming a statutory obligation in the future.

Business Asset Disposal Relief – forthcoming changes

The BADR Capital Gains Tax rate has risen to 14% from April 2025 and will increase further to 18% in April 2026.

Business Asset Disposal Relief (BADR) offers a valuable tax advantage by applying a reduced rate of Capital Gains Tax (CGT) on the sale of a business, shares in a trading company or an individual’s interest in a trading partnership.

As part of the measures announced in the Autumn 2024 Budget, the CGT rate for gains eligible for BADR has increased. For disposals made on or after 6 April 2025, the CGT rate has risen from the previous 10% to a higher rate of 14%. This change is now in effect and applies to any qualifying disposals taking place within the 2025–26 tax year.

Another forthcoming increase to the CGT rate under BADR is set to take place from 6 April 2026. It will rise to 18%. This means that disposals qualifying for BADR on or after this date will face a significantly higher tax charge compared to the original 10% rate that had long been associated with the relief.

The lifetime limit for claiming BADR remains at £1 million. This means that individuals can still benefit from the relief more than once, provided the cumulative gains across all qualifying disposals do not exceed this threshold.

Changes have also been made to Investors’ Relief. Specifically, the lifetime limit for Investors’ Relief was reduced from £10 million to £1 million for qualifying disposals made on or after 30 October 2024. In addition, the CGT rates for Investors’ Relief have now been brought in line with those of BADR currently at 14% and increasing to 18% from April 2026.

Current IHT gift reliefs

Lifetime gifts can reduce Inheritance Tax, but survival for seven years and using key exemptions like the £3,000 annual allowance are crucial to making them fully tax-free.

Most gifts made during a person’s lifetime are not immediately subject to Inheritance Tax (IHT). These are known as potentially exempt transfers (PETs) and can become completely exempt from IHT if the person making the gift (the donor) survives for more than seven years after making the gift.

If the donor dies within three years of making the gift, it is treated as if the gift was made on the date of death, and the full rate of IHT may apply. However, if death occurs between three and seven years after the gift, taper relief can reduce the amount of tax payable. The further away from death the gift was made, the lower the tax rate applied, although this only reduces the tax due on the amount above the nil rate band.

It’s important to note that taper relief does not reduce the value of the gift itself, only the tax payable, and it does not apply where the gift is within the nil rate band. Additionally, it does not lower the tax on chargeable lifetime transfers to below the amount originally assessed when the gift was made.

Each tax year, individuals can also take advantage of specific IHT exemptions that allow gifts to be made tax-free, regardless of survival for seven years.

The annual exemption allows you to gift up to £3,000 in total each tax year without adding to the value of your estate for IHT purposes. This amount can be given to one person or shared among multiple recipients. If the full £3,000 exemption isn’t used in one tax year, it can be carried forward, but only for one additional tax year.

The small gift allowance allows you to give as many gifts of up to £250 per person per tax year as you like, as long as no other exemption is used for the same individual. This is ideal for birthday or seasonal gifts made from regular income.

Additionally, you can make tax-free gifts in celebration of weddings or civil partnerships. These are exempt up to £5,000 for a child, £2,500 for a grandchild or great-grandchild and £1,000 for anyone else.