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Reporting of CGT inter-spouse transfers

Practical Issues
genou
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Re: Reporting of CGT inter-spouse transfers

#644519

Postby genou » February 3rd, 2024, 10:47 am

DrFfybes wrote:
International wrote:Has anyone gone down the route of just selling the shares yourself and somehow officially documenting that you gifted them?


I'm pretty sure the rule for gifting shares requires exactly that, gifting of shares. AIUI It is the person making the sale who realises the gain, otherwise there would be the much simpler situation of a joint spousal transferrable CGT allowance.

Paul


You can make a written declaration that you hold the shares on bare trust for your wife's benefit. And then accept your wife's instruction to sell the shares. Best done by timestamped emails, obviously prior the sale of the shares.

https://www.gov.uk/hmrc-internal-manual ... l/tsem9520

scrumpyjack
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Re: Reporting of CGT inter-spouse transfers

#644520

Postby scrumpyjack » February 3rd, 2024, 10:51 am

genou wrote:
DrFfybes wrote:
I'm pretty sure the rule for gifting shares requires exactly that, gifting of shares. AIUI It is the person making the sale who realises the gain, otherwise there would be the much simpler situation of a joint spousal transferrable CGT allowance.

Paul


You can make a written declaration that you hold the shares on bare trust for your wife's benefit. And then accept your wife's instruction to sell the shares. Best done by timestamped emails, obviously prior the sale of the shares.

https://www.gov.uk/hmrc-internal-manual ... l/tsem9520


You would presumably need to register that bare trust with the Trust Registration System, even though it would be short lived ? :D

genou
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Re: Reporting of CGT inter-spouse transfers

#644523

Postby genou » February 3rd, 2024, 11:01 am

scrumpyjack wrote:
genou wrote:
You can make a written declaration that you hold the shares on bare trust for your wife's benefit. And then accept your wife's instruction to sell the shares. Best done by timestamped emails, obviously prior the sale of the shares.

https://www.gov.uk/hmrc-internal-manual ... l/tsem9520


You would presumably need to register that bare trust with the Trust Registration System, even though it would be short lived ? :D


I think it would slip my mind, unless I was transferring income and expected the trust to endure.....


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