This article is relevant to those of you who are taking TX-UK in an exam in the period 1 June 2026 to 31 March 2027 and in June 2027, and is based on tax legislation as it applies to the tax year 2025-26 (Finance Act 2025).
You can expect to see questions set at TX-UK which focus on higher skills. Typically, such a question will cover more than one syllabus area or more than one tax, bridging the gap between TX-UK and ATX-UK. However, where a question covers more than one tax you will be given clear guidance as to exactly which taxes you need to consider.
Income tax, corporation tax and national insurance contributions (NIC)
A typical scenario might be consideration of whether an individual should operate as a sole trader or trade via a limited company. The following example is much longer and more detailed than could possibly be set as an exam question, but it does cover several possible scenarios.
Example 1Newt is going to commence self-employment on 6 April 2025, but is unsure whether to run his business as a sole trader or to trade via a limited company, Amphibian Ltd. In either case, Newt’s tax adjusted trading profit for the year ended 5 April 2026 will be £100,000 (before taking account of any director’s remuneration or employer’s class 1 NIC if trading via a limited company). If Newt trades via a limited company, he is considering three alternative approaches to extracting profits from Amphibian Ltd:
Self-employment
Limited company - Director’s remuneration
Limited company - Dividends
Limited company – Mixed remuneration package
Conclusion
The mixed remuneration package appears to be the most beneficial, although £13,689 (100,000 – 8,000 – 450 - 10,000 - 50,000 – 17,861) of Amphibian Ltd’s profits remain undrawn within the company. This is not an issue if profits need to be retained within the company (maybe to fund future capital expenditure) but otherwise it distorts the comparison. Also, Newt will not receive any benefit from the £10,000 pension scheme contribution until he retires. However, this approach to pension saving is more beneficial than Newt personally making contributions out of his taxed income. The pension contribution reduces Amphibian Ltd’s taxable total profits (obtaining corporation tax relief at the marginal rate of 26.5%) and there are no tax implications for Newt personally. The total tax and NIC cost of a mixed remuneration package could be further reduced if Newt restricted his dividends to a level so that there was no 33.75% higher rate income tax liability, but this would mean retaining more profit within Amphibian Ltd. |
The following scenarios could all be examined based on what has been covered in example 1:
- Deciding whether an individual should operate as a sole trader or as a limited company.
- Deciding whether to incorporate a sole trader business.
- Deciding how much profits to extract from a limited company by way of salary compared with taking dividends.
A scenario need not necessarily relate to a single person, and could, for example, deal with the incorporation of a partnership.
To keep a question at the appropriate length, you will often be given some aspects of the answer. For example, you might be given the tax and NIC cost if an individual operates as a sole trader, and then have to calculate the cost of operating as a limited company. Alternatively, you might be given some of the separate tax or NIC costs. It is very important that you appreciate which figures you have already been given so that you do not waste a lot of time calculating them for yourself.
The interactions involved in this type of question can often cause problems. For example, director’s remuneration reduces the taxable total profits of Amphibian Ltd, but is then taxed as income in the hands of Newt. In contrast, the payment of dividends does not impact on the calculation of Amphibian Ltd’s corporation tax liability. There are a couple of basic principles that you should remember:
- If all of a company’s profits are paid out as director’s remuneration (and related employer’s class 1 NIC), there will not be any corporation tax liability.
- If profits are only drawn as dividends, there will be no employee or employer’s class 1 NIC.
Inheritance tax (IHT) and capital gains tax (CGT)
Although the interaction of IHT and CGT is not examinable at TX-UK, the two taxes could be examined within the same question and the information given could be relevant to both taxes.
For a lifetime gift of unquoted shares, the IHT transfer of value will be based on the diminution in value of the donor’s estate. In contrast, for CGT purposes the valuation will be based on the market value of the shares gifted.
Example 2On 4 May 2025, Daniel made a gift to his son of 15,000 £1 ordinary shares in ABC Ltd, an unquoted investment company. Before the transfer, Daniel owned 60,000 shares out of ABC Ltd’s issued share capital of 100,000 £1 ordinary shares. ABC Ltd’s shares are worth £18 each for a holding of 60%, £10 each for a holding of 45% and £8 each for a holding of 15%. Although Daniel’s son received a 15% shareholding valued at £120,000 (15,000 x £8), Daniel’s transfer of value is calculated as follows:
In contrast, for CGT purposes the valuation will be based on the market value of the shares gifted, which is £120,000. |
Example 3On 20 June 2025, Craig made a gift to his grandson of a residential property valued at £250,000. The gift of the property resulted in a chargeable gain of £145,000. The value of the property is expected to increase to £300,000 by 31 December 2027, and to £340,000 by 31 December 2032. Craig is an additional rate taxpayer. He will not make any other disposals during the tax year 2025-26, and he has not made any previous lifetime gifts. Craig has an estate valued in excess of £2,000,000 for IHT purposes. CGT liability
Craig dies on 31 December 2032 Craig dies on 31 December 2027
Note that although there will be no IHT liability in respect of the PET, the PET will reduce the amount of nil rate band available against Craig’s death estate. The lifetime gift no longer appears to be beneficial because the immediate CGT cost of £34,080 outweighs the IHT saving of £20,000. |
Investment alternatives
Another type of scenario which could be examined is where you are required to advise an individual on the tax implications of a number of investment options.
Example 4Tobias has recently inherited the residue of his aunt Mildred’s estate. He will use this inheritance for the following purposes:
Personal pension contribution
Gift to daughter If Tobias dies before 29 March 2033 (within seven years of making the gift), the amount of nil rate band available against his estate will be reduced by £89,000. Individual savings account |
Married couples
Various tax planning opportunities may be available to married couples (and also to a couple in a civil partnership).
As far as income tax is concerned, tax can be saved by allocating savings and dividend income between spouses to make best use of the savings income and dividend nil rate bands. This can be achieved by either transferring the income producing assets between spouses or by putting assets into joint names.
Once nil rate bands have been utilised, savings and dividend income (and also property income) should be received by the spouse paying the lowest rate of tax.
Example 5Nigel and Nook are a married couple. For the tax year 2025-26, Nigel will have a salary of £140,000 and savings income of £400. Nook will have a salary of £60,000 and dividend income of £900. Nigel is an additional rate taxpayer, so he does not receive any savings income nil rate band. Nook, as a higher rate taxpayer, has an unused savings income nil rate band of £500. Transferring the savings to Nook will therefore save income tax of £180 (400 at 45%) for 2025-26. Nook has fully utilised her dividend nil rate band of £500, but Nigel’s nil rate band is unused. Transferring sufficient investments to Nigel so that he receives £400 of the dividend income will therefore save income tax of £135 (400 at 33.75%) for 2025-26. |
As far as CGT is concerned, tax can be saved if one spouse has not utilised their annual exempt amount and/or basic rate tax band for a particular tax year. An asset could be transferred to that spouse before its disposal, or put into joint names prior to disposal.
Example 6Adam and Zoe are a married couple. Before taking account of any tax planning measures, you have prepared a forecast of the couple’s tax position for the tax year 2025-26. Adam He has an unused capital loss of £20,900 brought forward from the tax year 2024-25. Zoe She will also have a CGT liability of £7,904. This is in respect of the disposal of quoted shares which will result in a chargeable gain of £44,000. The disposal will not qualify for business asset disposal relief. Tax planning measures
After taking account of the tax planning measures, the couple’s revised tax liabilities will be: Adam - Income tax computation 2025-26
Adam’s personal allowance is no longer restricted. Adam – CGT computation 2025-26
Zoe - Income tax computation 2025-26
Zoe – CGT computation 2025-26
Tax saving
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Working at the margin
Questions could be set where you are expected to work at the margin – using a taxpayer’s marginal rate of tax rather than preparing full tax computations.
Working at the margin will normally be much quicker and will also make it easier to keep track of the various figures, especially when it comes to drawing a conclusion. However, a full income tax computation will be equally acceptable should you opt for that approach.
Example 7Harold and Ingrid are a married couple. Harold is currently self-employed, and his forecast trading profit for the year ended 5 April 2026 is £100,000. He does not have any other income. Ingrid does not have any income, although she does a considerable amount of unpaid work for Harold’s business. The couple want to know if it would be beneficial to form a partnership from 6 April 2025, with profits shared 75% to Harold and 25% to Ingrid. Harold - Tax saving
Ingrid – Tax cost
The overall tax saving for the tax year 2025-26 is therefore £7,268 (10,500 – 3,232). |
More than one tax year
You could be required to consider more than one tax year. Although this might seem complicated, the tax rates and allowances for the tax year 2025-26 will always be used throughout, so it may be easier to think of this in terms of having to cover two or more different scenarios for the current year.
Example 8Kim is currently employed at an annual salary of £200,000. Kim will continue to earn the same salary until she retires on 5 April 2029, at which point her income will reduce to annual pension income of £55,000. Kim has the opportunity to undertake £40,000 of work on a freelance basis during the year ended 5 April 2026, and she will do this work via Mik Ltd, a newly formed limited company. This freelance work will not involve any expenditure and will last for just one year. After allowing for corporation tax, the entire net of tax profits will be withdrawn by Kim as dividends either during the tax year 2025-26 or during the tax year 2029-30. Dividends withdrawn during 2025-26
Dividends withdrawn during 2029-30
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Written by a member of the TX-UK examining team