Trading Taxes UK

Calculating trading taxes in the UK is not a very straightforward process. This is because multiple intertwining factors determine how much you pay in taxes. Whether you’re swing trading forex, CFDs, cryptocurrencies, stocks, or futures, there lacks clarity on how trading profits and losses are applied. However, that doesn’t mean that you can’t determine how much taxes you’ll pay.

All you need is to understand the various factors that will impact the amount of taxes you’ll pay per the country’s tax authority, Her Majesty Revenue and Customs (HMRC). This guide will discuss how trading taxes in the UK are imposed, including tips to help you meet your tax responsibilities in the UK. 

Taxation papers for 2019

How Does the HMRC Classify Trading Taxes? 

One of the challenging factors in determining UK trading taxes is that each trader’s trading activities differ. For instance, some forex traders face tax exemptions while others will pay higher taxes. In the UK, the tax authority focuses more on how you trade than what asset you trade. However, the trading instrument remains a determining factor of your tax status. 

The HMRC decided to break down trading activities into multiple categories. This way, each category is subjected to different taxation policies. Here are the three distinct trading tax categories in the UK:

Self-Employed

Traders who fall under this category pay taxes as self-employed individuals. Self-employed UK residents pay business tax for the businesses they run. Therefore, as a self-employed trader, you’ll pay business tax. Alternatively, you’ll be charged taxes similar to those in the third tax bracket. 

Speculative

This category is for UK residents who engage in speculative business or trading activities such as gambling. Suppose you fall into this category. In that case, your swing trading earnings are free from the capital gains tax, income tax, or business tax. 

Private Investor

Traders who fall under this category pay capital gains and losses tax. Therefore, your trading income is taxed as per the capital gains tax rule.

Note: you may fall in any of the three categories in a specific period. It all depends on your trading activities.

How Does HMRC Determine Your Tax Classification?

HMRC considers your trading badge to determine the trading category you fall under. There are several factors considered in the process of determining your trading tax category, including transaction and motivation. 

Transaction 

The UK’s tax authority typically studies your transaction behavior to determine your trading motive. Some factors considered in your transaction pattern include:

  • Timing. HMRC considers how long you hold your trades (time between your purchasing date and selling date).
  • Cause. What was the cause of making the sale? If it was due to an emergency, it’s unlikely to be considered a trading activity.
  • How the trader acquires the asset. Did the person inherit or purchase the asset? If the individual sells an inherited financial instrument, it’s unlikely that the transaction is considered a trading activity. Instead, it is likely to be classified as an investment. 
  • Trading frequency. How often do you trade? Is there an evident systematic trading pattern? If your portfolio shows a frequent trading behavior, the UK’s tax authority considers it a trading activity
  • Means. This aspect considers how you pay for the asset you want to trade. If you use finance to purchase an instrument, it means you did it on purpose, implying that it is a trading activity.

Motivation

Motivation is among the most challenging things to determine. Suppose the UK’s tax authority believes that your trading motive is to make a profit. In that case, it impacts how it considers your activity and how it will apply taxes. 

A mere word of declaration is not enough to define your trading motivation. HMRC considers other factors to deduce your trading motivation. These factors include:

  • How you used your profits. If you reinvest your earnings into a related trading activity, HMRC believes that you’re trading to make profits.
  • Do you have an alternative occupation? This factor helps HMRC determine your motivation in that it checks your employment records. Suppose they find out that you don’t have any other employment records. In that case, the tax authority considers trading as your sole occupation. That said, HMRC assumes you do trade for a living.
  • The frequency of your trading activity. If there has been a continuous trend in your trading activity, it implies that you’re likely to be motivated by making profits through swing trading. 
Important note: despite all the above factors being considered in determining your trading taxes in the UK, all trading instruments used to make income are classified as investment assets.

Does HMRC Charge Different Taxes for Different Trading Instruments?

In the UK, trading taxes on various financial instruments are merely similar. For instance, forex trading taxes are similar to stock trading, CFD, cryptocurrency, and binary trading. HMRC is more concerned with how traders do the trading than what they actually trade. 

However, if you’re unsure about taxation protocols on various instruments, you need to seek professional advice. This way, you’ll avoid confusion and potentially expensive penalties imposed on failure to observe trading tax obligations. 

Tips to Help You Match UK’s Trading Tax Obligations

You may find it challenging to decode and observe UK trading taxes. You need to be careful and master some tips to avoid errors in your tax reports that may land you in trouble with the country’s legal agencies. These two tips can help you understand and observe the UK’s trading tax policies. 

Seek Tax Advice

It’s not worth risking your hard-earned capital due to failure to observe your tax obligations. Therefore, you can seek professional advice from the HMRC or other legit tax advisors. This way, you can save the money and time needed to analyze and file your trading taxes. 

Maintain Your Trading Records

As previously stated, your annual trading activity may vary from investing, speculative, to self-employed. Therefore, you need to keep your trading patterns and records. This is because it will save you time when filing your returns. The most crucial information you need to maintain include price, trade entry and exit points, buy and sale dates, and the asset traded. 

However, keeping your trading record should no longer be a daunting task, thanks to the introduction of advanced record management software. Such software integrates seamlessly with brokerage systems, allowing you to access your trading history easily. 

Final Words

UK trading taxes on various trading instruments are quite unclear. It’s unlikely that you may understand it within the first go. Failure to file taxes on trading activities or filing inaccurate taxes can be costly and, in extreme cases, land you in prison. Therefore, you should seek professional advice should you face any difficulties in filing tax returns on trading activities.