• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051
You are here: Home / News & Views / Changes to capital gains tax on separation and divorce

News & Views · December 23, 2021

Changes to capital gains tax on separation and divorce

 

What is the current position regarding spouses/civil partners and CGT?

A person can transfer assets to their spouse or civil partner on a no gain, no loss basis up to and including the tax year in which they separate. For example, where a husband acquires shares for £20,000 and later transfers them to his wife, no gain and no loss will arise to the husband on his disposal of the shares (and the wife will have a CGT acquisition cost of £20,000) regardless of whether the shares are worth £15,000 or £25,000 at the date of transfer.

By contrast, if the couple had separated (by a deed of separation, by court order or, more usually, as a matter of fact) in the previous tax year but were still married at the date of transfer, the transfer would be deemed to have been made at market value. So, ignoring any allowances, if the shares were worth £25,000 at the date of transfer, the husband would have realised a gain of £5,000 on which he would have to pay CGT (with no sale proceeds to make the payment from). This differs from the inheritance tax position where all transfers between spouses and civil partners are exempt from tax up to the date of the decree absolute.

What issues does the OTS (Office of Tax Simplification) report address?

The highlighted broad and specific problems with the current position. Most significantly, it recognised that separating couples are unlikely to agree the division of their assets and actually make the transfers in the tax year of separation. Financial disclosure and reaching consensus as to each party’s needs can be a lengthy process (if an agreement is reached at all). Even if a couple separate early in a tax year (say, on 6 April 2021), they may still be a significant way off actually dividing the assets within 12 months, let alone if the couple separates towards the end of the tax year, say in March 2022.

The practical reality is that the current provisions do not help many separated couples to defer a CGT charge on the division of assets. CGT is often a further factor to consider in the separation of assets. The tax affects the total value available for division to achieve fairness and will frequently be a factor in negotiating the assets to be transferred.

More specifically, the report identifies two circumstances where the current rules give rise to particular problems. The first is the sale of the family property to a third party. If one spouse moves out of the family home at separation and the property is sold in a subsequent tax year, any gain on that spouse’s share of the property will be subject to CGT for any period to which principal private residence relief does not apply. The second circumstance is on share reorganisations in family businesses, where the tax charge can create funding issues.

What are the OTS recommendations and the government’s response?

The OTS has recommended that the no gain, no loss window should be increased to the later of:

  • the end of the tax year at least two years after separation, and
  • any reasonable time set for the transfer of assets in accordance with a financial agreement approved by a court (or equivalent processes in Scotland)

In its response to the OTS, the government agreed that the no gain, no loss window on separation and divorce should be extended and announced it would consult on the detail over the course of 2022. However whilst the government did accept that the window should be extended, it did confirm what it would be extended to or when the change would happen. These things move slowly, so it is unlikely that it will be soon.

If the recommendation is implemented, then it will certainly help separating families, so we will be watching for developments.

Filed Under: News & Views Tagged With: capital gains tax, tax, tax on divorce

Previous Post: « Be reasonable….
Next Post: When one of you moves out….. »

Primary Sidebar

Recent Posts

  • Agreements in Financial Remedy Cases
  • Updated protocol for cross UK jurisdiction judicial communication
  • Covert recordings in family law matters
  • New protocol for adults lacking capacity across the UK
  • Leasehold Reform Act 2024 – Major changes ahead

Footer

Review Solicitor

Contact Us

  • 112 The Broadway, Thorpe Bay, Essex, SS1 3HH
  • 0800 083 6051
  • [email protected]

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Privacy Policy | Copyright © 2021 Dovaston Law is the trading name of Dovaston Law Limited.
Dovaston Law Limited is authorised and regulated by the Solicitors Regulation Authority, registration number 816750 Company Number: 13221943 (Registered in England and Wales) | Registered Address: 457 Southchurch Road, Southend on Sea, SS1 2PH
Website Hosting : Lift Legal Marketing · Log in

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
SettingsAgree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051