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, it

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

Wholly and exclusively

Wholly and exclusivelyFor both income tax and corporation tax purposes, one of the fundamental conditions that must be satisfied for an item of expenditure to be deductible, is that it must incurred ‘wholly and exclusively’ for the purposes of the trade, profession or vocation. References to CTA

14 Jul 2020 14:00 | Produced by Tolley Read more Read more

Special rate pool and long life assets

Special rate pool and long life assetsSpecial rate poolExpenditure on some types of plant or machinery must, if neither annual investment allowance (AIA) nor first year allowances (FYAs) are available, be allocated to a ‘special rate pool’. Expenditure to be allocated to the special rate pool

14 Jul 2020 13:41 | Produced by Tolley Read more Read more

Withholding tax

Withholding taxIntroductionUK tax must be withheld on UK payments including:•interest•royalties•rental incomeUK withholding tax may be reduced under the provisions of a double tax treaty (DTT). Prior to 1 June 2021, payments of interest and royalties made to EU resident associated companies were

14 Jul 2020 14:01 | Produced by Tolley Read more Read more