onthemove wrote:I held these as well as Debenhams, both outside an ISA
After DEB there was a teeny, tiny slim chance I might yet have made enough gains from other non-ISA shares to offset the capital loss by next April.
With TCG, now occurring in the same tax year, it'd take a miracle from here to end up with enough other gains to effect a net CGT gain by next April, even bedding and ISAing, etc.
You're working from a natural but false assumption here, namely that for CGT purposes you've had the Thomas Cook loss dumped on you by events. It has been dumped on you for most practical purposes - it would indeed take a miracle from here for you to recover anything from your Thomas Cook shareholding - but not for CGT purposes. The reason is that you still own your Thomas Cook shares: yesterday's events mean that they've become both untradeable on the markets and essentially worthless, but they haven't been confiscated from you. And that's important for CGT purposes because for CGT, you 'realise' a gain or loss on the shares when you 'dispose' of them, which means when you cease to own them.
So if you do nothing at all about the loss, it won't yet have been 'realised' and so won't yet be part of your CGT gains and losses. That situation will persist until one of two things happens: either you do actually cease to own the shares and so 'realise' the loss, or you make a claim to be treated as though you had done so.
Ceasing to own the shares can happen in a number of ways, the main ones being (a) transferring ownership to someone else - you can no longer do that by selling them on the market, but you can by a private sale for a token amount or by a gift; (b) it might be that there is a forced transfer of the shares - this is rare and I doubt that it's at all likely in this case, but it can happen; (c) at the end of the liquidation process, the company will be 'dissolved', meaning that it and its shares cease to exist, and at that point you'll cease to own the shares since you obviously cannot own something that doesn't exist. All of those methods have problems associated with them: for (a), they are that you need to find someone willing to accept them (*), that you need to know what paperwork is needed for a private sale or gift (not particularly difficult, but outside many shareholders' experience), that there might be problems getting your broker to implement the transfer if you own them in a nominee account or the company to register it if you own them certificated (**), and that CGT's 'market value' rule (***) means that you do need to feel able to demonstrate to HMRC that you've valued the shares correctly as virtually worthless (this doesn't seem at all likely to be a problem in this case, but can be in others). For (b), it's that a compulsory transfer probably won't happen, and even if it does, it will be at a time totally out of your control; for (c), it's that 'dissolution' of the company happens at a time totally out of your control and probably quite a few years after the company entered liquidation - which is fine if you don't turn out to want the loss in any of those years, but not so good if you do.
The alternative is to make a claim to be treated as though you had 'realised' the loss on a particular date. This is known as a 'negligible value' claim, and it's subject to some conditions, which are basically:
* the shares must have become virtually worthless (or of 'negligible value' in taxspeak) while you owned them;
* the date on which you claim to be treated as though you had 'realised' the loss must be after the shares became virtually worthless, and must be in the tax year that you make the claim or one of the preceding two tax years (if you make it in a tax return, it will normally be made in the preceding tax year, since you normally submit a tax return in the tax year following the one that it's about);
* once you actually do cease to own the shares, you can no longer make a 'negligible value' claim about them - you're stuck with the date that the loss was actually 'realised' and can no longer claim to be treated as though you had 'realised' it any earlier than that. In particular, if you get to the point when the company is 'dissolved' without having earlier claimed to be treated as having 'realised' the loss, you're stuck with 'realising' it when the company is 'dissolved'.
This method does have the potential problem of having to demonstrate to HMRC that you've valued the shares correctly as virtually worthless, i.e. one of the potential problems I've given above about actually disposing of them by a private sale or gift. It doesn't have the others, but it does have the issue of possibly finding out some months later that HMRC don't accept the claim - this seems unlikely in this case, but may be in others. If you end up making the claim close to the January 31st deadline, as is liable to happen if you send it in with your tax return and have the habit of putting off the unwelcome job of submitting a tax return, that could lead to you only finding out that it isn't accepted after the deadline for paying the tax, so that you incur penalties. And indeed, I think (though am not quite certain) that there's no real time pressure on HMRC about checking 'negligible value' claims (or indeed to check them at all), so that might well be capable of happening even if you submit your tax return long before the deadline. (The same applies to a private sale or gift, by the way.)
There are two ways around that problem. The first is that HMRC do publish a list of companies that have been quoted on the main market of the LSE whose shares they have accepted have become of 'negligible value': it can be found in
https://www.gov.uk/guidance/negligible-value-agreements, specifically in its "Negligible value agreements and claims for previously quoted companies" section. That list doesn't get updated all that urgently - if you look at that page, you'll currently see that it says "Last updated 4 September 2019" about the page as a whole, but the list's description says "You can use it to find shares which have been declared as being worth negligible value up to 31 January 2019." And it also says that it doesn't cover AIM shares, Plus Market shares, unquoted shares or non-UK companies, which of course isn't any problem for HYPs that conform strictly to this board's guidance, but seems worth mentioning just in case there are any non-conformists around... ;
-). But note that there isn't any real urgency about keeping the list up to date - neither Debenhams nor Thomas Cook currently appears in it, but both of those collapses led to trading being stopped in the current 2019/20 tax year, the shares had a non-zero market value up to that point (so a 'negligible value' claim would not succeed for any earlier date), and the deadline for a 2019/2020 tax return is about 16 months away, on 31 January 2021.
What all that does mean is that if you find a share in that list, a 'negligible value' claim will succeed provided you make it for a date on or after the "Effective date", unless the company has been dissolved (basically as indicated in the "Dissolved" column, though I don't know how quickly that column gets updated when a company is dissolved - it might be worth double-checking the company at
Companies House if in doubt). It
doesn't mean that if you
don't find the share in the list, a 'negligible value' claim will be rejected - it might just be that such a claim hasn't yet been considered, or possibly even hasn't yet been made.
So basically, it's a shortcut for easy cases: look at the list to see whether the company is there. If it is, a 'negligible value' claim is a formality: as an example, I owned Carillion shares when it went bust in January 2018. I did want the loss for my 2017/18 tax, as I'd made some large gains elsewhere, so I did put a 'negligible value' claim into my 2017/2018 tax return when I got around to submitting it. The entirety of that claim was as follows:
"
Negligible value claim
I claim that shares in Carillion plc were of negligible value on 15/01/2018, as stated in https://www.gov.uk/guidance/negligible-value-agreements."
inserted at an appropriate point in my CGT computations. (I suspect even that wasn't actually needed - just stating the loss in the CGT computations would probably be treated by HMRC as implicitly making the negligible value claim - but including such a claim explicitly was dead easy and got rid of any doubt about whether I'd made it.)
For completeness, the other way around the problem applies to any company AFAIAA: you can send HMRC a stand-alone 'negligible value' claim (i.e. one not accompanying a tax return) to give them as much time as possible to consider whether the shares are indeed of 'negligible value', and you can accompany such a claim with a request for a
post-transaction valuation check to make certain they get back to you with a "yes" or "no" answer to that question. (You do commit to the claim - i.e. to being treated as 'realising' the loss if the answer is "yes" and there's no other problem that leads to HMRC rejecting the claim, so don't do it if you don't want that treatment.) Such a claim is likely to be more effort (see
HMRC's helpsheet HS286 about what you need to do), but it's pretty unlikely to be needed for big main market shares (i.e. all normal HYP shares) unless you're in a great hurry to get the matter dealt with many months in advance of the normal tax return deadline.
I'm afraid the above is rather long on detail, but the gist of it is quite simple: when a company goes bust you don't normally (****) automatically take the loss there and then for CGT purposes. Instead, there will normally be a long period (a number of years is typical) during which you can choose when to take the loss for CGT purposes, and if you don't actively take it during that period, you will normally end up taking it at the end of the period. You can actively take it by selling the shares privately to a willing buyer (with the payment obviously being a token payment only given that the shares are essentially worthless), by giving them away to a willing recipient, or by making a 'negligible value' claim about them to HMRC. For a typical HYP share, the last of those options is very simple.
(*) Depending on who you know and how well they understand such matters, this could be anything from dead easy to virtually impossible - many people steer well clear of involving themselves in any financial transaction they don't understand, many others will do so quite easily provided they trust the other party sufficiently...
(**) CREST accounts might fall in either camp - and by the way, in all of this I'm using the word "might" to mean I've no practical experience of doing such things and so cannot say anything much about how likely such problems are - about all I can say is that I doubt that anyone will treat transferring the ownership of worthless assets as any more of a priority than they're legally obliged to...
(***) This is the rule that if you dispose of an asset to any 'connected person' or not by means of an at-arm's-length commercial transaction, you have to treat it as being disposed of at its fair market value, not at what you actually received for it.
(****) The "normally"s are because I have experienced one case where a HYP company arguably went bust and this didn't apply. That was Bradford & Bingley, which was
nationalised in September 2008 without compensation, that lack of compensation being argued to be justified on the grounds that the company was insolvent. That nationalisation involved a compulsory transfer of the company's shares to the Treasury (point 7 of the link) and so the loss was 'realised' then and there.
onthemove wrote:So from a practical point, as someone who doesn't normally need to do a tax return...
- Can these losses be carried forwards to offset future capital gains?
- If they can, when April arrives, what will I need to do to effect that? I was able to report taxable dividends to HMRC of over £2000 for the previous tax year just by phoning them. Can that be done for capital losses, or would they need full details of the calculations on a tax return?
The answer to your first question has three parts:
First, if you have more losses than gains 'realised' in a tax year, you can carry your
net gains 'realised' in the tax year forward to the next tax year. To avoid doubt, that means your gains 'realised' in the tax year minus your losses 'realised' in the tax year, with no account taken of the CGT allowance for that tax year. E.g. if you have 'realised' capital gains of £20k and capital losses of £30k in the current tax year, you can carry £30k-£20k = £10k of losses forward to next tax year - it is
not valid to try to say that your CGT allowance of £12k absorbs £12k of gains, leaving only £8k that require losses to be offset against them, so that you have £30k-£8k = £22k of losses to carry forward. (Nor indeed is it valid to try to argue that you don't want to use any of the losses 'realised' this tax year and will pay the CGT on the £8k of capital gains this year in order to have £30k of losses to use next tax year - it might be something you want to do if you're sufficiently convinced that next year's CGT rates will be a lot higher than this year's, but the rules don't allow it.)
Put another way, you
must use losses 'realised' in a tax year to offset gains in the
same tax year as far as possible - the only thing that stops that and allows further losses to be carried forward is running out of gains to offset.
Secondly, once a loss has been carried forward at least once, it becomes a brought-forward loss - and the rules for dealing with brought-forward losses are different to those for dealing with same-year losses. You're still obliged to use brought-forward losses to offset gains, but only down to the point where the remaining gains are equal to the CGT allowance: you can then leave those remaining gains to be dealt with by the allowance. So if for example you have £20k of gains and no losses realised in the current tax year, but £30k of losses brought forward from the previous tax year, then you do only use £8k of those brought-forward losses to offset against the gains, and the remaining £30k-£8k = £22k of brought-forward losses get carried forward again.
A summary of those first two points is that they effectively say "Use the same-year losses first, then the CGT allowance, then any brought-forward losses. Do each stage as far as possible before moving on to the next. If you've got any gains left at the end, CGT is due on them; if you've got any losses left at the end, they can be carried forward; if you've got any CGT allowance left at the end, it's wasted."
Thirdly, I should note that carrying forward of losses only ever happens one tax year at a time. They can end up effectively being carried forward unchanged through a tax year - that happens if you have no more than the CGT allowance worth of gains after offsetting same-year losses, but you cannot carry losses forward e.g. directly from the 2017/18 tax year to the 2019/20 tax year without checking that the rules do indeed leave them unchanged in the 2018/19 tax year.
To sum up the answer to your first question, therefore, you may be able to carry
some of the losses forward to offset gains in future tax years, but not all of them unless you have absolutely no gains in the same tax year, and none of them if you have at least as many gains in the same tax year as you have losses. And you don't get a free choice which future tax years those gains are in: once losses have been 'realised', they're dealt with by fixed rules (which is one of the reasons why it can be important that you do normally have some choice about when you 'realise' the losses when a company goes bust).
One other point that can be relevant: there is no limit to how many times losses can be carried forward by the fixed rules for doing so once they are recognised by the CGT system as having been 'realised'. But there is a limit to getting a loss recognised by the CGT system as having been 'realised'. That limit is that you must have told HMRC the details of the loss by the end of the 4th tax year after the loss is 'realised': if you miss that deadline for telling HMRC about the details, then you have in fact 'realised' that loss but you will never be allowed to offset it against any gain and so for all practical CGT purposes it doesn't exist. Telling HMRC the details of a 'realised' loss is known as claiming the loss: don't get confused between making a 'negligible value' claim to cause a loss to be treated as though it had been 'realised', and claiming a 'realised' loss - they're two different things and
both may need to be done after a company goes bust.
A consequence of that is that if you 'realise' more gains than the CGT allowance in a tax year, you're almost certainly going to need to tell HMRC about your CGT situation sooner or later, regardless of how many losses you also 'realise' in that tax year. That's because the various rules work in a Catch-22 fashion with each other: specifically, if you're sent a tax return, you have to fill it in according to its instructions and they say that you have to give CGT details if your gains are over the CGT allowance before offsetting losses; if you're not sent a tax return and you don't have enough 'realised' losses to offset the gains down to below the CGT allowance, then you owe HMRC CGT and are legally required to tell them about that situation by the October 5th six months after the end of the tax year concerned; if you're not sent a tax return and you do have enough 'realised' losses to offset the gains down to below the CGT allowance, you're still going to have to tell HMRC the details of those losses within the 4-year deadline or you can never use them and you will owe them some rather severely overdue CGT... (And I think that in either of the last two cases, HMRC are likely to respond by sending you a tax return, putting you into the first case...)
That leads into the answer to your second question: I'm fairly certain you can tell HMRC about your CGT situation by phoning them, as you did for your dividends. But don't be surprised if they respond by sending you a tax return to complete - and if they do send you one, you're obliged to do so, with very few exceptions. (There is an exception for them having sent you the tax return by mistake, but a "mistake" in that case is something like sending you a tax return when they meant to send it to someone else of the same name. In particular, sending you a tax return and it turning out that you don't owe them any tax is not a mistake: the basic purpose of a tax return is to establish how much tax you owe them, so it being a "mistake" for them to send you a tax return if that amount turns out to be zero would be putting the cart before the horse...)
Gengulphus