How the new 45% 'supertax' may apply from April 2011 and how to avoid it

25/11/2008

This is the headline grabbing change in the pre budget report. The Chancellor proposes to introduce a new 45% income tax rate on anyone earning over £150,000.

This is a huge change. Whilst it's still someway below the 83% income tax rate that we had between 1974/1975 and 1978/79, we've had a 40% higher rate of income tax since 1988/89 so it's the first change to the highest tax rate for over 20 years.

Of course it's by no means certain that it will be implemented. The Chancellor has delayed its implementation until after the election so they can get a fresh mandate for this.

The PBR notes state that income above £150,000 will be subject to income at 45%.

So you'll have:

  • a 20% tax rate for income within the basic rate (eg around £7k to £45K)

  • a 40% tax rate for income above the higher rate band but below the new super tax band (eg £45K -- £150K)

  • a 45% tax rate for income above £150K. So as well as losing the personal allowances they'll also be taxed on income above £150K at 45%

    Which income?

    The new 45% tax rate will apply to non-savings and savings income that is above £150,000.

    It won't apply to capital gains which will continue to be taxed at 18% (now a whopping difference between the top income and capital gains tax rate which is even more if Entrepreneurs Relief applies).

    Savings income is defined in S18 of the Income Tax Act 2007 and includes interest, annuity receipts and gains from life insurance policies.

    Non-savings income should include all other income such as employment income, trading income and rental income. Dividend income is treated separately.

    So essentially any non-dividend income above £150,000 will be taxed at 45%. As under the current rules you'll be able to deduct your necessary expenses and obtain relief for pension contributions.

    Dividends

    From April 2011 there will be three rates of tax for dividends:

  • Dividends within the basic rate band ( eg around £7k to £45K) will be taxed at 10%

  • Dividends above the higher rate band but below the new super tax band (eg £45K -- £150K) will be taxed at 32.5%

  • Dividends above the new 'supertax' band of £150,000 will be taxed at a new income tax rate of 37.5%.

    Note that this applies to the gross dividends so you'll be able to offset the 10% tax credit when actually determining the income tax to pay.

    This means that the effective income tax rates on dividends will be:

  • Within basic rate tax band - 0%

  • Above higher rate band but below the 'supertax' band - 25%

  • Above the new 'supertax' band of £150,000 - 30.5%

    One of the best ways to avoid the super tax will be to avoid having income in the first place:

    Capital v income

    Having such a high rate of income tax but a low rate of capital gains tax makes capital receipts much more attractive than income.

    The CGT rate is just 18% which is massively lower than the 45% super tax rate. This is amplified if Entrepreneurs Relief can be claimed which can reduce the CGT rate to just 10%.

    One of the big opportunities here will be anyone owning their own company. If it had cash reserves above the £150K limit they'd have a choice as to either:

  • Pay a dividend and be taxed at 30.5% or

  • Liquidate and extract as a capital distribution and pay either 10% or 18% in CGT

    For many the best route is pretty obvious

    Property/shares investors or traders

    The difference in the CGT & income tax rates make obtaining the correct tax treatment even more important. Property traders will be taxed at 45% compared to just 18% for property investors.

    Using a company just got more attractive

    You can trade in your own name and pay the super tax at 45% or form a company. The small company rate has been frozen at 21% but will increase to 22% from April 2010.

    Provided you retain profits in the company you'll achieve a very generous 23% tax saving on the profits of your business. This is a cut in your tax bill by over half compared to a sole trader earning the same profits.

    You could extract as a non resident free of income tax, or could choose to extract your cash as and when you please to avoid the 45% rate of super tax.

    Pension contributions

    Generous pension packages can and will be used to reduce the taxable earnings below the £150,000 limit.

    Non Doms

    Non Doms generating substantial overseas income may also see benefits from claiming the remittance basis and remitting income to avoid the 45% super tax rate (ie remittances of below £150K).

    About the Author

    Lee Hadnum The Author of this article/answer is our site Editor, Lee Hadnum. Lee is a rarity among tax advisers having both legal and chartered accountant qualifications. After qualifying a prize winner in the Institute of Chartered Accountants exams, he also went on to become a chartered tax adviser (CTA).

    He worked in Ernst & Youngs Entrepreneurial Services department for a number of years before setting up his own tax planning practice. He is now a full time tax author.

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