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

Group relief for carried-forward losses

Group relief for carried-forward lossesThis guidance note examines in detail the relief available to groups for carried-forward losses. The scope excludes the treatment of specialist businesses such as banks, insurance companies and oil and gas companies.From 1 April 2017, companies can surrender

14 Jul 2020 11:50 | Produced by Tolley Read more Read more

Foreign tax relief

Foreign tax reliefIncome and gains may be taxable in more than one country. The UK has three ways of ensuring that the individual does not bear a double burden:1)treaty tax relief may reduce or eliminate the double tax2)if there is no treaty, the individual can claim ‘unilateral’ relief by deducting

14 Jul 2020 11:44 | Produced by Tolley Read more Read more

Sales, advertising and marketing

Sales, advertising and marketingExpenditure on sales, advertising and marketing activities may include amounts which are disallowable for the purposes of calculating trading profits. This may be because the expenditure is:•capital in nature (see the Capital vs revenue expenditure guidance note)•not

14 Jul 2020 13:28 | Produced by Tolley Read more Read more