CGT negligible value claim
If you own an asset that has become of negligible value, i.e. worthless, you can make a negligible value claim to HMRC which entitles you to treat the asset as if it were sold for nothing. The effect of this is to create a capital loss.
Losses on shares
You may have made an investment in the past that has performed badly. Indeed, you may have written it off in your own mind but, if you haven’t sold it, it may only be a paper loss that is not allowable for CGT purposes. However, there is an exception to the normal rule whereby you may be able to establish an allowable capital loss to offset against a capital gain even though there hasn’t been an actual disposal. If you can persuade HMRC that the shares are virtually worthless, e.g. the company has ceased trading and is insolvent, you can make a CGT Negligible Value Claim to offset this loss against your capital gains to reduce the amount of CGT you pay.
Negligible value list
HMRC keeps a list of quoted shares that are recognised as being of negligible value (see https://www.gov.uk/guidance/negligible-value-agreements-to-30-june-2014).
Checking negligible value
HMRC operates a post-transaction valuation service for capital gains, which is accessed by submitting Form CG34 (https://www.gov.uk/government/publications/sav-post-transaction-valuation-checks-for-capital-gains-cg34) to HMRC. You can also use this service to check if an asset has become of negligible value. Submit the Form CG34 at the same time as your negligible value claim.
Time limit
You can make a negligible value claim at any time after the shares have become worthless. Therefore, defer a claim until there are sufficient gains to avoid you wasting your annual exemption. The shares will be treated as though you sold them on the date you made the claim or up to two years before the tax year in which you make the claim (as long as they were worthless at the time).
Related Topics
-
Do dividend waivers still work?
You need to take a dividend from your company but there’s just one problem. Your business partner, who is also a 50% shareholder, doesn’t want to take any more income from the company during this tax year. What’s the solution?
-
Save tax by combining directors’ loan accounts
You started a company last year and it’s time to prepare its first accounts. Your director’s loan account (DLA) is in credit but your spouse’s is overdrawn. Might amalgamating the DLAs avoid or reduce a tax charge?
-
Updated guidance on mandatory payrolling of benefits in kind
Much like the rollout of mandatory payrolling of benefits in kind, HMRC guidance on the matter is coming in dribs and drabs. What's the latest?