Gift aid, CGT and higher rate

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Hi all,
I was hoping to get some information on how gift aid affects tax bands. My situation in more detail for this financial year:
Salary: £25k
Dividend income: £11k
Capital gains: ~£30k (trying to redeem a lot this year)
Donations to charity: ~£20k.

As a result, if you add up salary/dividend/capital gains I go into the higher rate of tax. However, I'm claiming gift aid on my income which, once that takes effect, I'll be back on the basic rate (and on a lower rate for CGT too). So my questions are:

1) Has anyone claimed gift aid on CGT? I'm pretty sure it's allowed, see e.g. HMRC's website (guidance on gift aid - I can't link it as a new user), but I don't want to try it and for it to turn out HMRC is going to change their mind.

2) Has anyone claimed enough gift aid to put them into a lower tax band? I know you can get higher rates of relief with gift aid, my main concern is HMRC treating it as me being on the higher rate for CGT and then giving me relief, rather than actually me being treated as a basic rate taxpayer.

Thank you!
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Comments

  • Keep_pedalling
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    Capital gains is not income tax, so you will not be a higher tax payer.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 29 December 2017 at 12:51AM
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    starkrush wrote: »
    Hi all,
    I was hoping to get some information on how gift aid affects tax bands. My situation in more detail for this financial year:
    Salary: £25k
    Dividend income: £11k
    Capital gains: ~£30k (trying to redeem a lot this year)
    Donations to charity: ~£20k.
    Position without gift aid
    salary: 25 - 11.5 personal allowance = 13.5 (subject to income tax at 20%)
    dividends 11 - 5 @ 0% dividend tax rate = 6 (subject to 7.5% dividend tax)
    so your total taxable income is 13.5 + 6 = 19.5, so you are a basic rate income tax payer
    the (income tax) higher rate band is at 33.5, so you have 14k of basic rate tax band remaining
    you have CGT gain of 30k of which 14k would be taxed at 10% and (30-14) 16k would be taxed at 20%

    Correct position reflecting gift aid extension of basic rate band
    you have made gift aid donations of 20k and the grossed up value of that will extend your basic rate band above the 33.5 start point

    so a 20k donation grossed up (20 x 100/80) = 25k

    the 25k is added to the basic rate band 33.5 to give an adjusted basic rate band of 58.5

    your revised calculation is therefore:
    total taxable income is 13.5 + 6 = 19.5
    amount of basic rate band remaining: 58.5 - 19.5 = 39
    CGT due on 30k gain: (30 @ 10%) + (0 @ 20%)

    explained here:
    https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg21220

    naturally for the whole 25k gift aid donation to count the taxpayer must have paid tax in the form of either income tax and/or CGT of more than the value of the tax relief on the gift aid. A simple check shows that condition is met:
    Tax paid: (13.5 x 20%) + (6 x 7.5%) + (30 x 10%) = £6,150

    gift aid relief claimed by the charity 20,000 x 25% = 5,000 (ie 25k gross donation @ 20% tax = 5k)

    the gift aid relief is covered by the tax payable by the OP, so the claim stands. This does of course assume OP has genuinely paid 20k as formally recorded gift aid donations to registered charities who have kept the right records of it
  • starkrush
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    Thanks so much 00ec25 - this is exactly what I was looking for! Minor point - my capital gains are on investments, so are taxed at 10%(/20%) respectively I think?
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 29 December 2017 at 12:53AM
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    starkrush wrote: »
    Thanks so much 00ec25 - this is exactly what I was looking for! Minor point - my capital gains are on investments, so are taxed at 10%(/20%) respectively I think?
    OK, I have edited my post to reflect those cgt rates - I only deal with property so am fixated on 18 & 28 :D

    https://www.gov.uk/government/publications/rates-and-allowances-capital-gains-tax/capital-gains-tax-rates-and-annual-tax-free-allowances
  • starkrush
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    Thank you again - really appreciate you going above and beyond to help me (& anyone in future in a similar position!)

    One other point actually comes to mind too - I don't believe(/am not aware) that you can claim gift aid on dividend income? Or do dividend tax rates count as 'income tax'?
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 29 December 2017 at 11:55AM
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    starkrush wrote: »
    Thank you again - really appreciate you going above and beyond to help me (& anyone in future in a similar position!)

    One other point actually comes to mind too - I don't believe(/am not aware) that you can claim gift aid on dividend income? Or do dividend tax rates count as 'income tax'?
    arrrgh

    that, I have to admit, is one of the points a more knowledgeable person may pick me up on as I am not sure myself and don't want to research it at this time of night ;)
  • starkrush
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    Haha no problem - I've been looking into this a lot myself. And the numbers I had were made up - I'm going to max out gift aid and don't think I can use dividends for that purpose.
  • madgagoo
    madgagoo Posts: 354 Forumite
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    The income tax paid on dividend income is allowable for gift aid purposes.
  • starkrush
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    madagoo, can you link a source for this? I've only seen it specified as "income tax or capital gains tax" and not found dividends in the same resources.
  • starkrush wrote: »
    madagoo, can you link a source for this? I've only seen it specified as "income tax or capital gains tax" and not found dividends in the same resources.

    Section 3.5.2 in the document below

    https://www.gov.uk/government/publications/charities-detailed-guidance-notes/chapter-3-gift-aid#chapter-35-tax-to-cover
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