Pre-Budget report
Pre-Budget report: are you a winner or loser?

In an ideal world, it could be argued, the rules for making money would never change.

With bright, clear signs on tax rates, unchanging investment regulations and a sturdy financial framework, we could all chart our money maps with a much greater degree of certainty.

Of course, the reality is rather different. As governments change tack in response to political headwinds, so their policies tend to change with them - leaving plenty of irate individuals and businesses trailing in their wake.

One such recent lurch to throw everybody off balance was October's pre-Budget report, delivered by Chancellor Alistair Darling.

While much has already been made of the background political noise - namely a resurgent Conservative party and a popular plan to lift the Inheritance Tax (IHT) threshold to £1m - many hardworking entrepreneurs and high net worth individuals are still frantically trying to get back onto their feet.

Underpinning all the uncertainty is Mr Darling's plan to change the way that capital gains tax (CGT) - quite simply, a levy on the rise in the value of an asset that you own - is worked out.

His plan to introduce a new flat rate of 18 per cent from April 2008 comes at the expense of a previous swathe of different rates that lets high-flying executives 'taper' their CGT rate (on any gains over the current £9,200 tax allowance) down from 40 per cent to as little as 10 per cent - if they hold their businesses assets, including qualifying shares or property for more than two years.

Designed to inject a degree of simplicity to the way that the tax should be applied, Mr Darling's proposal has ended up threatening to harm many other personal financial interests.

"The Chancellor is now open to 'consultation' on various aspects of his proposals - which is likely to spark even further changes over the following months."

These include higher tax penalties for those putting money aside in company 'Save as you earn' (SAYE) schemes, and fears of a 'firesale' of small businesses by those entrepreneurs close to retirement and desperate to avoid a higher CGT bill at the end of their working life.

Yet the Chancellor's plan also appears, indiscriminately, to promise rewards for others; in this case, second-home owners who should benefit from the lower 18 per cent CGT rate when they come to sell.

'Non-doms' too look set to have escaped from a much-feared crack-down, and are likely to pay only a fixed annual sum of roughly £30,000 in order to benefit from their favourable tax treatments.

But that's not all. The problem is, having been hit by a wave of criticism on every side, the Chancellor is now open to 'consultation' on various aspects of his proposals - which is likely to spark even further changes over the following months.

As it stands, these are the major changes to watch and keep a very wary eye on; it's always worth checking with your adviser to make sure that the full impact of any changes are accounted for, to see if you're a financial winner or loser.

First, on a brighter note, those with a second home (or more) or buy-to-let in the UK will pay less CGT when selling the property.

Current rules mean that CGT must be paid at 40 per cent on any profit above your £9,200 allowance but - if held for ten years - at a lower 24 per cent; Mr Darling's rule change will mean that, from 6 April 2008, you can sell the property much more quickly and pay less tax at the lower 18 per cent.

"Higher rate taxpayers owning a buy-to-let property for less than 3 years currently face a CGT bill of 40 per cent if they were to cash in now; but after next April, it appears they'll only have to pay the new, reduced 18 per cent CGT."

Higher rate taxpayers owning a buy-to-let property for less than 3 years currently face a CGT bill of 40 per cent if they were to cash in now, but after next April, it appears they'll only have to pay the new, reduced 18 per cent CGT.

Elsewhere, there could be a ray of hope for those business owners close to retirement who had been counting on selling up to take advantage of a CGT bill at a rate of 10 per cent but who now face the new 18 per cent levy.

Instead of suffering the 80 per cent rise in their tax bill to 18 per cent, a Treasury consultation appears likely to allow up to £100,000 of profit from a business sale to be taxed at the old 10 per cent CGT rate. However, a clearer picture won't emerge until later this year and this could prove a moving target for the taxman.

Share portfolios could also prove more attractive for purely tax purposes: as long as your shares are fully listed on the main London Stock Exchange, you only have to pay the new 18 per cent CGT rather than the current minimum of 24 per cent - which, once again, was only achievable once held for 10 years.

Although IHT allowance changes also brought some good news - a doubling of the threshold to £600,000 that will do away with the cost of trusts to shield assets - it will still require a lot of financial planning to mitigate assets worth much more than this.

However, there are plenty of downsides from next April to bear in mind as well.

"A Treasury consultation appears likely to allow up to £100,000 of profit from a business sale to be taxed at the old 10 per cent CGT rate. However, a clearer picture won't emerge until later this year."

Any high earner who owns a furnished holiday let as a business asset will now have to pay CGT upon sale at 18 per cent instead of the current 10 per cent.

If you've got shares bought through a SAYE scheme that have been held for two years, you'll be taxed on any gain above your CGT allowance at the new 18 per cent instead of 10 per cent (or 5 per cent for basic rate earners).

And investors with shares listed on the Alternative Investment Market (AIM) - the exchange for smaller, growing companies - will also take a hit as their CGT bill at sale will go up from the current 10 per cent (after holding their shares for a minimum of two years) to the new 18 per cent flat rate.

It's worth stressing, though, that their current exemption from any IHT estate will still stand - as long as they have been held for at least two years.

Meanwhile, 'non-dom' status is likely to remain a highly contentious issue.

So far, it's been anticipated that a flat annual £30,000 charge will be introduced in exchange for 'non-domicile' status - staying outside the British tax system - after seven years' residency in the UK; and a possible higher charge after ten years could also be on the way.

There would also be no personal tax allowance available: although Mr Darling's plans could prompt wealthy businesswomen and men to depart British shores for countries where there is a less restrictive tax ruling, it's expected that many will see it as a small price to pay for generous 'non-dom' status.

By Sam Dunn

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