This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Section 104 ?

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm
Section 104 ?

Postby waulkmill » Tue Nov 01, 2016 9:27 am

Again probably a fairly basic question I inherited shares from my late Father and have sold some; in the case of 3 or 4 companies I sold parts of the total holdings on different dates Does Section 104 apply or is it only when Purchases are made seperately?

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Section 104 ?

Postby pawncob » Tue Nov 01, 2016 5:18 pm

You inherited them as one item, so strictly s104 doesn't apply, but it's still one holding.

https://www.gov.uk/hmrc-internal-manual ... al/cg51575
With a pinch of salt take what I say, but don't exceed your RDA

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Wed Nov 02, 2016 10:37 am

Thank you for your reply I need to re read the section you refer to and maybe elsewhere . Obviously there is no 'expenditure' in my 'acquisition' of the shares but I had interpreted perhaps incorrectly
the bit in the manual 'Where a person only disposes of some of the shares in the Section 104 holding it is necessary to apportion the allowable cost according to the proportion of the shares disposed of ' ?

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Wed Nov 02, 2016 10:40 am

and also the first section 'From 6 April 2008 all shares of the same class in the same company acquired from 1 April 1982 onwards by a person within the charge to capital gains tax are pooled in a Section 104 holding.'

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Section 104 ?

Postby bd6759 » Thu Nov 03, 2016 12:01 am

All shares of the same type are help in a s104 holding. In you case there is is single aquisition, so the cost of the pool will be the probate value. If you sell half, then half the cost is is the allowable expenditure.

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Thu Nov 03, 2016 9:44 am

Thank you so 'half the cost' in your example is half the stockbrokers fees?

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Thu Nov 03, 2016 10:11 am

sorry no its half the cost of purchase isn't it or probate value in my case?

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Section 104 ?

Postby bd6759 » Thu Nov 03, 2016 10:17 am

If the shares were inherited, the acqisition cost is the probate value.

Incidental costs, such as stockbroler fees, will be allowed in full.

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Thu Nov 03, 2016 11:42 am

many thanks clear now!!

waulkmill
Posts:9
Joined:Wed Oct 26, 2016 10:25 pm

Re: Section 104 ?

Postby waulkmill » Mon Nov 07, 2016 3:47 pm

Just looking at my actual Tax Return - I am trying out Taxcalc - do I just need to include notes (a pdf file is suggested) re the multiple disposals - for example I inherited 725 shares in one company I sold 125 on one date and 600 on another ?


Return to “Capital Gains Tax, CGT”