A non-wasting chattel is tangible movable property with an expected life of more than 50 years. Examples of non-wasting chattels include fine art, antiques and jewellery.
For non-wasting chattels, the following rules apply:
Gains on non-wasting chattels when proceeds are lower than £6,000
S262 of Taxation of Chargeable Gains Act 1992 (TCGA) states that a gain accruing on a disposal of an asset which is tangible movable property shall not be a chargeable gain if the amount or value of the consideration for the disposal does not exceed £6,000.
Example 1
Karen bought a painting for £1,000 and sold it for £5,900. The gain of £4,900 is exempt from capital gains tax because the disposal proceeds do not exceed £6,000.
Losses on non-wasting chattels when proceeds are lower than £6,000 and the cost of the asset was more than £6,000.
According to s262(3) of TGCA, the loss accruing on the disposal of an asset is allowed. However, for the purposes of computing the amount of a loss accruing on the disposal, the consideration shall – where less than £6,000 – be deemed to be £6,000.
Example 2
Eve bought a painting for £10,000 by a famous Polish painter; two years later she sells it for £3,000 and incurs expenses of £50. The cash loss is £7,050 (being original cost £10,000 less actual proceeds of £3,000 plus cost of sale).
However, for CGT purposes, the allowable loss is restricted as gross proceeds are deemed to be £6,000. The allowable loss is therefore £4,050 (being deemed proceeds of £6,000 less cost of sale £50 less cost of painting £10,000).
Gains on non-wasting chattels when proceeds are higher than £6,000 (the 5/3rds rule)
If the amount of consideration exceeds £6,000 but the original acquisition cost was less than £6,000, s262(2) of TCGA allows the gain to be capped at 5/3 of the gross proceeds less £6,000.
This means that when calculating the gain on the sale of a chattel where proceeds exceed £6,000 but the original cost was less than £6,000 two computations are required:
- calculate the gain in the normal way
- calculate the gain using the 5/3 rule.
The lower of these will be the gain.
Example 3
Patricia bought a rare Chinese vase for £2,000 and a few years later she sold it for £9,000. She incurred auction expenses of £500.
As the proceeds exceed £6,000 but the original acquisition cost was less than £6,000, two computations are required:
- Calculate the capital gain: proceeds of £9,000 less cost of sale £500 less cost of purchase £2,000, equals gain of £6,500.
- Apply the 5/3 rule: 5/3 x (£9,000-£6,000), equals gain of £5,000.
The gain is the lower of two, ie £5,000.
Gains on non-wasting asset when the asset was bought and sold for more than £6,000
If an asset is bought and sold for more than £6,000, the gain is calculated in the normal way by taking proceeds less cost.
It is worth noting that the normal rules for calculating gains or losses on the disposal of a single chattel may not apply if the taxpayer disposes of a ‘set’ of chattels. A set is a number of chattels that are similar and complementary to each other and are worth more together than separately; for example books by the same author or matching ornaments. If the parts of the set are sold to the same person, or a number of people acting together, then the £6,000 limit applies to all of the set collectively and not to each member of the set individually.
You can find more in the HMRC manuals.