Exchange of interests in property

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance

Exchange of interests in property

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance
imgtext

This guidance note concerns the tax treatment where two or more persons exchange interests in land (eg separating a joint buy-to-let portfolio). Land includes any interest or right over land and so covers freehold and leasehold interests in land or buildings.

Although this situation is most likely to apply on the breakdown of a marriage, it is possible that exchanges could be made between unmarried people, such as a cohabiting couple, siblings or friends.

Where a gain arises on the exchange for capital gains tax (CGT) purposes, there are rollover relief provisions that allow each person to defer the gain on the disposal of the old interest into the acquisition of the new interest, providing certain conditions are met.

Stamp taxes may be due on the exchange depending on the facts of the situation. See ‘Stamp taxes considerations on exchange of interests in property’ below.

General capital gains tax principles on exchange of interests in property

Before considering whether a claim needs to be made for relief on the exchange of interests in property,

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Powered by Tolley+
  • 13 Aug 2025 14:30

Popular Articles

Exporting goods ― proof of export

Exporting goods ― proof of exportIn addition to the requirements laid down in the Exporting goods ― overview guidance note, businesses intending to zero-rate exported goods must hold satisfactory evidence that the goods have been delivered to a destination outside of the UK. If satisfactory evidence

15 Dec 2020 14:02 | Produced by Tolley Read more Read more

Timing of disposal for capital gains tax

Timing of disposal for capital gains taxDate of disposalThe date of the disposal determines the period in which the gain is subject to capital gains tax (CGT). When the rates of CGT change, the determination of the date of disposal can also affect the rate of CGT that applies to the gain.See the

14 Jul 2020 13:50 | Produced by Tolley Read more Read more

Non-trading deficits on loan relationships

Non-trading deficits on loan relationshipsOverview of non-trading deficits (NTDs)When a company’s debits on its non-trading loan relationships and derivative contracts in an accounting period exceed the credits on its non-trading loan relationships and derivative contracts in the same period (the

14 Jul 2020 12:17 | Produced by Tolley Read more Read more