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Posted Wed, 25 Sep 2024 10:25:23 GMT by andrew
In tax year 23/24 my wife and I disposed of 25% (ie 12.5% wach) equity of a property (total current market valued of £175k) by gift to our son. In accordance with advice received on this forum we both completed CGT declarations and returns via our personal HMRC Capital Gains Accounts for our portion of the transfer and and the calulations showed no CGT was payable since the total gain on each of our portions of the gift was less than the 6k annual allowance applicable at the time. HMRC acknowledged the CGT returns and our accounts show nothing is payable for this disposal. I would like to confirm my understanding on a couple of points: (a) Firstly, I submit an annual tax self assessment to HMRC. I had no other capital gains in 23/24 and want to confirm that I do not need to declare this disposal on my 23/24 self assessment form as the values of the asset I disposed of (12.5% of 175k) was less than 50k and the CGT on this disposal was less than 6k. Can you confirm my interpretation is correct before I submit my self assessment form, please. (b) Secondly, my wife doesn't submit a self assessment form and never has as her income status has never necessitated it. Does she now need to submit a self assessment for 23/24 to address the disposal of her portion of the property (which has also been reported in her CGT Account with HMRC, been acknowledged and shows no payment due). I don't think she does for the same reasons as in (a) but want to confirm my understanding as we would then need to apply for a UTR for her to complete a self assessment. Thank you in advance for your response.
Posted Thu, 03 Oct 2024 13:35:01 GMT by HMRC Admin 32 Response
Hi,
A disposal is only declared on a self assessment tax return if both of these two criteria are met.  
The first is, a tax return is required for any other reason and the second, the disposal value if over £50,000.  
If you only meet 1 or none of the criteria, then you do not need to include on a tax return.  
If a gain is covered by the annual exempt allowance, then there is no requirement to declare the gain, unless the two criteria are me, in which case it will be declared in the tax return.
Thank you.

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