• Sectors we work in banner(2)

    Quick Reads

The Autumn Statement 2022: Bah Humbug?

The Chancellor warned the public in advance of the Autumn Statement ‘I'm Scrooge who's going to do things that make sure Christmas is never cancelled’. If a stealth tax raid worth £24bn was on your Christmas Wishlist, you’re in luck.

The inheritance tax (IHT) nil rate band (NRB) has been frozen at £325,000 since 2009, and the residence nil rate band (RNRB) has been frozen at £175,000 since 2021. As predicted (Tax rises for everyone!, Julia Cox, Claire Briese (charlesrussellspeechlys.com)), the Chancellor announced that both the NRB and RNRB will remain frozen until April 2028, delaying the review by a further two years on top of the previously planned date of April 2026. Over time, this will stealthily drag more estates over the £500,000 tax-free threshold and therefore more estates will pay IHT at the rate of 40%.

Has Christmas come early for those who predicted a rise in headline rates of Capital Gains Tax (CGT)? Some predicted CGT rates would be brought in line with income tax rates, so it will be welcome news for many that this has not happened. However, the Chancellor announced that the Annual Exempt Amount for CGT will be cut from £12,300 to £6,000 in April 2023 and then to £3,000 from April 2024.

Although we might see an increase in sales before April 2023 and then April 2024 to take advantage of the existing Annual Exempt Amount, it is unlikely that a dramatic increase in the amount of CGT being paid (which could have occurred had the Government decided to increase headline rates) will take place. As with the NRB and RNRB freezes, the reduction in the Annual Exempt Amount will instead stealthily draw more gains into the CGT net, thereby surreptitiously increasing the amount of CGT collected.

The changes to the Annual Exempt Amount may particularly impact second homeowners. The reduction in the Annual Exempt Amount by £6,300 in April 2023 will result in an additional £1,134 (for gains charged at 18%) or £1,764 (for gains charged at the higher rate of 28%) being payable on a sale of a second home above the threshold from April 2023 – 2024. This will only further increase from April 2024 onwards, with the amounts rising to £1,674 (for gains charged at 18%) or £2,604 (for gains charged at the higher rate of 28%).

As part of the plan to plug the £50bn - £60bn funding black hole in the Treasury, the Chancellor announced the reduction of the threshold at which people will pay the 45% rate of income tax from £150,000 to £125,140. This announcement, coupled with the decision to freeze income tax thresholds and personal allowance, will pull more people into the top rate of tax. As wages rise, this may be a bitter pill to swallow for those who will pay the 45% rate. However, this will likely be viewed as a more appropriate measure in the current climate, unlike the previous Chancellor’s controversial (and since abolished) plans for the 45% rate (U-turn on abolishing 45% income tax rate, Harman Bains (charlesrussellspeechlys.com)).

Whilst it remains to be seen whether Christmas has been saved, it is hoped that the Chancellor's intention to avoid tax rises that most damage growth, whilst asking for more from those who have more, will achieve his priorities and help to alleviate the genuine hardships people are currently facing due to the cost of living crisis in a balanced way.

The income tax personal allowance, higher rate threshold, main national insurance thresholds and the inheritance tax thresholds will be frozen - this will result in more people paying more tax as a result of "fiscal drag" as wages increase.

Our thinking

  • Dominic Lawrance and Catrin Harrison write for Tax Journal on the implications of the Court of Appeal judgment in the case of ‘A Taxpayer v HMRC’

    Dominic Lawrance

    In the Press

  • The Telegraph quotes Sarah Jane Boon on Labour’s plans for cohabitation reform

    Sarah Jane Boon

    In the Press

  • Something Changed – Landlord recovers possession of iconic music venue

    Samuel Lear

    Quick Reads

  • When is 20% not 20%? The real impact of the proposed changes to business property relief on trading companies

    Sarah Wray

    Quick Reads

  • Relocating to Switzerland: trusts

    Alexia Egger Castillo

    Insights

  • Charles Russell Speechlys finds that Gen Z prioritises financial planning and saving amidst growing economic challenges

    Sally Ashford

    News

  • Kevin Gibbs and Sadie Pitman write for CoStar on the need for investment in power infrastructure to support new data centres

    Kevin Gibbs

    In the Press

  • New code of practice for the cyber security of AI development

    Rebecca Steer

    Quick Reads

  • The Path to Commonhold is Set in Stone by the Government: What do landlords and developers need to know about the Government’s White Paper on Commonhold?

    Laura Bushaway

    Quick Reads

  • "I have finished the court case and I have decided that now is not the right time for you to see your Mum" - Judges writing letters to children could become the norm

    Matt Foster

    Quick Reads

  • The World’s Most Exclusive Gold Card

    Kurt Rademacher

    Quick Reads

  • What do the proposed changes to business property relief mean for Investors and Entrepreneurs and their businesses?

    Mary Perham

    Insights

  • The Good, the Bad and the Ugly - the inheritance tax Consultation on agricultural and business property

    Sarah Wray

    Quick Reads

  • Pet Ownership and Family Breakdown: Transatlantic Treatment of Pets on Divorce

    Miranda Fisher

    Quick Reads

  • A Ray of Light for Developers - High Court provides some comfort in recent injunction case

    Georgina Muskett

    Insights

  • Bank of Mum and Dad PLC

    George Harrison

    Quick Reads

  • Mike Barrington writes for Wealth Briefing on sole company directors

    Mike Barrington

    In the Press

  • Miranda Fisher and Matt Foster write for eprivateclient on the consequences of cohabitation

    Miranda Fisher

    In the Press

  • Sarah Jane Boon and Julia Cox write for Tax Adviser on safeguarding family wealth and the role of pre- and post-nuptial agreements

    Sarah Jane Boon

    In the Press

  • Living Together in the 2020s: Why more Gen Z’s are Saying 'Yes' to Cohabitation Agreements

    Cara Fung

    Quick Reads

Back to top