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3. Transfer of assets between a husband and wife or between
civil partners
The transfer of assets between spouses or civil partners will always for CGT purposes be deemed to
take place at a value that would give rise to neither a gain nor a loss - this is not an election, it is a
rule! Actual proceeds are ignored.
The transfer is said to be a
no gain/no loss
transfer. Essentially the transferor is deemed to make
the disposal at cost and the transferee acquires the asset at the original cost of the transferor.
The no gain/no loss transfer rules may be advantageously used by these taxpayers to utilise the AEA
of
both parties, and to take advantage of capital losses and lower capital gains tax rates. For
example it would be better for each spouse to yield gains of £10,000 each rather than one spouse
make gains of £20,000. It would also be better for a basic rate taxpayer to yield taxable gains, taxed
at 10%/18% instead of a higher rate taxpayer who would be taxed at 20%/28% on the same gains.
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