March Questions and Answers

Newsletter issue – March 2024

Q: I am thinking about buying some cryptocurrency but before I do, I wanted to understand the tax implications. What do I have to declare in terms if I do go ahead? Is it taxed in the same way as my income?

A: Cryptocurrency (Bitcoin, for example) has become a more and more popular investment in recent years. According to FCA figures, the number of consumers holding cryptocurrency has risen to 2.3 million - from 3.9% to 4.4% of adults. The median holding has risen from £260 to £300.

You would think the clue is in the name - currency. Surely, it's money and taxable in the same way? No. In fact, it's not considered currency by HMRC and is not seen as the equivalent of money. How is it treated? As a traditional asset. So, in most cases - certainly when we're talking about an individual as we are with yourself, it counts as a personal investment. You will not have it taxed as income, but you will be liable to pay Capital Gains Tax when you dispose of any crypto assets you have.

It is different, however, if you received cryptocurrency from your employer as a form of non-cash payment. Then it would be liable to Income Tax and National Insurance contributions.

It's worth noting another rare exception, which HMRC explains here: "there may be cases where the individual is running a business which is carrying on a financial trade in crypto assets, and they will therefore have taxable trading profits. This is likely to be unusual, but in such cases Income Tax rules would take priority over the Capital Gains Tax rules."

Although it might not be an immediate consideration for you, it's also worth noting that crypto assets will be considered as property for the purposes of Inheritance Tax.

Lastly, anyone thinking of investing should be in no doubt that HMRC is keeping an increasingly close eye on cryptocurrency ownership. It's been reported in the national press in recent weeks that a new wave of tax investigations has begun into crypto investors. If you want to dive into any more detail about the repercussions for CGT and other tax liabilities, do get in touch.

Q: My civil partner recently passed away and I'm now dealing with the financial implications of losing him. I'm trying to understand the Inheritance Tax situation; I didn't believe I needed to act until a friend told me I may have to submit details to HMRC even if the full value of property and possessions is below the minimum required. The reason she said this was because my partner gave away some money - quite a substantial amount to friends and family in recent years. I'm informed that the 'estate' value is £310,000. What do I need to do?

A: Thanks for your question. The first thing to say is our sincere condolences for your sad loss. The issue of IHT can be somewhat controversial at times and one that gets batted around politically. It's possible that at the Budget on 6 March we may get an announcement of changes from the Chancellor. However, you can afford to ignore that if it does crop up. It wouldn't come into effect for some time, meaning it is not relevant for you. We need to look at the existing rules.

In your case, you say the value of the estate is £310,000. This puts it just below the threshold, which sits at £325,000. That means you won't have to pay IHT. If your estate had been higher than that but your civil partner had left you everything above that figure, you also wouldn't normally pay IHT anyway. And the same would apply if it were left to a spouse.

But the one thing that you may need to do still - and this is where your friend's guidance is wise - is report the estate's value to the tax man. You mentioned your partner had given away money in the last five years. This is the key bit. You will hopefully have a record of these donations/gifts to be able to work out a total. If the amount of money he gave away was £250,000 or more in the last seven years before death, HMRC requires you to send full details of the estate, even if no tax is due. It may not be relevant in your case, but the same rule would apply if he'd had foreign assets worth £100,000 or more.

You would also need to submit a full account if any of the following criteria (as stated by HMRC documents) applies:

• He was living permanently outside the UK when he died but had previously lived in the UK
• He had a life insurance policy that paid out to someone other than you and also had an annuity
• He had increased the value of a lump sum from a personal pension to be paid after his death, while he was terminally ill or in poor health
• He had agreed that property he gave away during his lifetime would be part of their estate rather than pay a pre-owned asset charge
• He gave gifts that were paid into trusts
• He held assets worth over £250,000 in trust
• He held more than one trust

Just for the sake of anyone else reading this who finds themselves in a different position - ie you're above the threshold - here's an example of what it might look like:

Your estate is worth £500,000 and your tax-free threshold is £325,000. The Inheritance Tax charged will be 40% of £175,000 (£500,000 minus £325,000).

Any other questions on the estate or IHT, please do call our office.

Q: My brother has recently suffered a severe accident during which he has suffered damage to his eye. His vision has been badly affected. It's not yet clear how much of his sight he will recover and how long term the problem is. Looking at the worst-case scenario, I'm investigating what help he may get from a tax perspective. Is there anything?

A: Firstly, we're very sorry to hear about this terrible news. There are many difficult things of course to cope with in this situation but purely from the perspective of financials that you're enquiring about, there may be a little help available. If you haven't come across it before, look up 'Blind Persons Allowance'. This is an extra amount of tax-free allowance that goes on top of the standard personal allowance that everyone has. The figure has risen in 2023/24 to £2,870 (previous year being £2,600). It's worth noting that if he does not earn enough to use all of his allowance or doesn't pay tax (now or in future) he can transfer the Blind Person's Allowance to his spouse or civil partner, if he has one. To take a step back, anyone can claim this allowance if both of the following are correct:

1. You're registered with the local council as either blind or severely sight impaired
2. You've got a certificate that says you're blind or severely sight impaired. It could be a similar document from a doctor

The rules in Scotland and Northern Ireland for eligibility are slightly different. You can claim the allowance if both of these points apply:

• You cannot do work for which eyesight is essential
• You have a certificate that says you're blind or severely sight impaired (or a similar document from your doctor)

The best way to make a claim is to call HMRC on 0300 200 3301.