Inter-spouse transfer

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance

Inter-spouse transfer

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance
imgtext

Introduction

When a chargeable asset is transferred between two spouses or civil partners, there is a disposal by the transferor spouse / civil partner and an acquisition by the transferee spouse / civil partner for capital gains tax purposes. For simplicity, spouses and civil partners are referred to jointly as ‘spouses’ in this guidance note, but the commentary applies equally to both. For a discussion on the meaning of chargeable asset, see the Exempt assets for capital gains tax guidance note.

No gain / no loss transfers

The disposal is deemed to take place at ‘no gain / no loss’ (which may also be written as NGNL) provided the couple is:

  1. •

    married or in civil partnership, and

  2. •

    living together during the tax year

TCGA 1992, s 58(1A), (1B)

This has always been the case, but the no gain / no loss treatment was extended for separated couples where the disposal takes place on or after 6 April 2023. See ‘Separation and divorce’ below.

In Scotland, a ‘common-law’ marriage is recognised as a legal marriage

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+™
  • 08 Aug 2025 08:00

Popular Articles

VAT on property disposals

VAT on property disposalsThis guidance note provides an overview of the VAT treatment of selling property that is located in the UK. The UK includes Great Britain, Northern Ireland and the territorial sea of the UK. The sale of any land or building located outside the UK is outside the scope of UK

14 Jul 2020 13:57 | Produced by Tolley Read more Read more

Short-term business visitors (STBVs)

Short-term business visitors (STBVs)What is a short-term business visitor?An STBV for UK tax purposes is an individual who performs duties for a non-UK employer and as a part of those duties has been asked to spend a short period working in the UK. There is a common misconception that there is

Read more Read more

Computation of corporation tax

Computation of corporation taxCompanies pay corporation tax on the taxable total profits (TTP) generated in a chargeable accounting period (CAP).To ascertain whether the entity is within the charge to corporation tax, see the Charge to corporation tax guidance note.For more information on the type

14 Jul 2020 11:16 | Produced by Tolley Read more Read more