The following Owner-Managed Businesses guidance note by Tolley provides comprehensive and up to date tax information covering:
Passing assets between spouses or civil partners is generally tax-advantaged for inheritance tax and for capital gains tax purposes. However, there are some potential pitfalls to be aware of.
When an asset is transferred between spouses / civil partners there is a disposal by the donor for CGT purposes. Despite being treated as separate individuals for tax purposes, married couples and civil partners who live together are able to benefit from a special rule which allows them to transfer assets between them at a value that gives rise to neither a gain nor a loss. Utilising this rule is an important tax saving tool to ensure not only that annual exempt amounts are not wasted, but also that where CGT is payable, it is payable at the lowest possible rate. Where a disposal takes place on a ‘no gain, no loss’ it means that neither a gain nor a loss arises to the donor as a result of the disposal. The donor is deemed to have received proceeds from the donee spouse / civil partner equal to the cost of the asset (plus indexation allowance where relevant, see below).
This ‘no gain, no loss rule’, only applies to disposals between spouses / civil partners. It does not apply to transfersof assets between parents and children, brothers and sisters, or partners who are not married or in a civil partnership.
This ‘no gain, no loss’ treatment applies until the end of the tax year in which a couple separates. For example, if a couple separates part-way through the tax year 2019/20, any transfersbetween them up until 5 April 2020 will take place at ‘no gain, no loss’. ‘No gain, no loss’ treatment does not apply after 5 April 2020 because the couple are separated. The fact that
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login