Forexmospherian
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Hi FoMo,
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What I am calling into question is the lack of verifiable hard evidence from the sources that matter: HMRC, FCA, Trading Standards and Advertising Standards etc.
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Aha, finally! Credit where credit is due - this is the first piece of factual evidence to support your case. It's not much, but it's a start. Can you build your case from here by providing more solid evidence that actually supports your claim that not all SB profits are tax free?
I'm happy to accept your argument that SB firms cover their backs in terms of tax laws being subject to change and that their clients are advised to seek professional advice regarding their tax liabilities etc. As others have pointed out - if someone is running a business providing tips and education etc., then they might be liable to pay tax. My guess is that the riders you've highlighted from the SB firms are primarily aimed at people like this, not at the individual retail trader who is consistently profitable. It's this latter category that we're focusing on here, so now I want to see one or more of the following . . .
1. A SB firm that has been sued and/or reported to the regulatory bodies for miss selling their products, i.e. by someone who opened an account and traded with them on the grounds that it was tax free and has then had to pay tax.
2. A directive from Trading Standards or Advertising Standards clearly stating that SB firms can not claim to offer tax free trading.
3. A case where the FCA have been involved following a complaint about SB firms offering tax free trading.
4. Examples where rival brokers (who lose business to SB firms or, alternatively, stand to gain hugely if it can be proven that SB profits are not tax free) call into question the right / ability for SB firms to be allowed to offer tax free trading.
5. Policy documents or letters from HMRC clearing stating that profits made from SB are not tax free. Or, if they are tax free in some cases but not in others, a clear explanation as to who will have to pay tax and under what circumstances etc.
You're out of the starting blocks FoMo, but you've still got a long way to go!
Tim.
Hi Tim
OK - I will spend a bit of time coming up with more info you require - or as I might call it - the "real devil in the detail"
I have already found out only ETX spreadbetting company don't seem to have on their website in the small print with the asterisk - advising you to check your own individual circumstances etc - they are just saying spreadbetting is tax free in the UK - interesting ?
I believe it is not a "black or white" -" yes or no" subject - simply because it suits the government and its bodies to NOT be and to be a "grey area subject" so it can be individually applied according to the circumstances of the spread better.
It will take me a bit of time to source all the info you require - but I will do my best.
Next bit of clarity - any spreadbetter who is employed for more than 21 hrs a week in a separate business ( ie teacher / plumber / accounts clerk etc ) ( thats even a grey area - it can be just 16 hrs a week in some Tax areas ) and pays tax and NI - whether it be just a few thousand pound a year or over £7 / 10K per annum from higher then average earners - and spread bets - whether just 1 hr a week or 40 hrs a week can claim tax free returns off all their wins during the year. It would not matter if it totals £5k per annum or less - or even £50k p a + its still then tax free.
However according to my own personal accountant from a small Midlands company with just 3 offices in and around Birmingham and Sutton Coldfield - who engaged a tax expert from KPMG on my own investigation - If you are a only working part time and under the £10k tax threshold and spend all your time spread betting and make profits that take you above the £10k tax threshold - to say just £15k per annum or even £50k + per annum - then that can be subject to tax at the normal rates - purely because the tax authorities are saying you do not meet their requirements to have your spread bet winning tax free.
You will be in the exception - maybe less than 5% of all spreadbetters - purely because the majority lose and the rest fall in the first category I mentioned - ie pay tax already from their proper employment.
There are then other associated spread betting "grey" tax areas - ie trying to do what I had planned - ie declare some of my profits from FX trading via a proper broker and then try and make the majority via a spread betting company - so paying minimum tax whilst trying save £15 -30K off an annual tax bill ( this was when I was on over £100 + per pip with GFT UK).
Also if you are selling courses and dvd's etc on trading - then that is associated to your spreadbetting and profits made cannot go tax free .
When you think about it - the government have to have ways of dealing with the minority and I have been surprised to find out that in the UK last year 30% of all income tax collected - came from just the top 1 % earners of the working population.
So taking that point into spreadbetting - you could get a few hundred very smart profession multi millionaires (or even the odd few billionaire) investors paying more to spreadbet - because it would work out overall cheaper than via there normal brokers and paying full tax
I have a contact at the Trading standards office and will see what I can find out there - along with a barrister friend at Birmingham's law chambers ( St Philips ) to see if they can point me in the right direction on the rest of the info you require
Please give me a few days to a week or so
Regards
F