The taxman`s assumptions about your intentions

Published Apr 29, 2000

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This week we`ll look at Parts 4.6.5 and 15.1 of your tax return - that is

the parts dealing with revenue receipts and capital receipts.

The difference is important because - at least until the new capital gains

tax is introduced next year - capital gains are not taxable but revenue is.

You`ll need to understand one in order to understand the other.

Please note that these parts apply to you even if you do not conduct any

business. Also note that these parts are designed to enable the Receiver to

classify you as a trader (one who buys and sells assets with an intention

to make profit) even if you do not regard yourself as a trader.

Before stating amounts in these two parts, ask yourself the following

question:

Is the receipt of a capital nature (part 15.1) or revenue -

taxable - nature (part 4.6.5)?

Let say you bought a car (in fact it could be any property) and after a

month (it could be any period) you sell it at a profit. (I say profit

because generally if you make a loss, the Receiver ignores you unless you

make it clear that you are in the business of buying and selling that kind

of property.)

Whether this gain is taxable or not, under present circumstances, depends

on whether it is a capital gain or revenue to you. To determine this, the

Receiver will need to know your intention when you bought the goods

initially.

If your intention was not to embark on a trading activity, then the

Receiver would assess whether your initial intention subsequently changed.

To answer the question above, you have to further ask yourself the

following questions:

* How long you have held the property? The shorter the period, the more

likely it is that you were trading and will be subject to tax;

* Did you have to give away something that you could have used to make

money for yourself? If your employer gives you money to stop you from

starting your own business that receipt is not taxable;

* Have you sold the same/similar property before? Chances are that if you

did before, you are now trading and will be taxed;

* What was the reason for selling the property? The mere fact that you

happened to have luckily made a large profit does not itself mean that you

are a trader;

* Did you really intend to profit? If you went out of your way planning,

decorating extensively to attract buyers or marketing in a manner that

suggests that you are now conducting a business, even if you are selling

this property for the first time, you could be taxed;

* What was your dominant motive in holding the property? If you bought

property (such as shares or a house) with the intention of getting regular

income (dividends or rent), then any profit you make when you sell it will

not be taxable.

But if you constantly check share or property prices and

buy and sell shares or property often, the profit you make will be taxed

because you are now a trader.

The Receiver takes all this into account and no single aspect is conclusive

on its own.

I suggest that any amount that you disclose in especially Part

15.1 (dealing with non-taxable receipts) should be accompanied by a

detailed letter dealing with all the above questions because you`ll need to

justify why the receipt should not be taxed. Obviously if you conclude

otherwise, you have to include the amount in part 4.6.5.

You will realise that the similar questions are asked in Part 14.9 of the

tax return although this part is confined to property that is specifically

mentioned in the tax return.

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