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Posted Wed, 06 Mar 2024 20:19:37 GMT by drzero
I own company shares that I would like to gift to my spouse. For practical purposes, we will keep the gifted shares in my broker account, I will hold them on behalf of my spouse. To formalize the gift, we will write a letter stating the number of gifted shares and the date. Soon after gifting the shares, I will sell the shares, on behalf of my spouse, and transfer the proceeds to their bank account. The disposal will trigger a capital gain, that my spouse will declare on their next self assessment (SA). Both of us will: - attach the letter to our next SA, and - keep records showing how our capital gains were calculated, and - attach those records to our SAs. Would this be sufficient to convince HMRC of our calculations, or is there any additional evidence that we need collect, or declaration to make? HS281, section 2, indicates that it's possible to hold shares on behalf of your spouse, but doesn't indicate what evidence the spouse needs to keep/provide.
Posted Thu, 07 Mar 2024 11:33:55 GMT by HMRC Admin 25 Response
Hi drzero,
There is no Capital Gains Tax liability on the transfer/gift of assets to a spouse or civil partner.
If you confirm in writing to HMRC that you have gifted the shares to your wife, this would be sufficient evidence.
Thank you. 
Posted Fri, 08 Mar 2024 06:53:06 GMT by drzero
Many thanks for the prompt reply, much appreciated.
Posted Fri, 08 Mar 2024 07:56:21 GMT by drzero
To which address should I send the gift declaration? This: Self Assessment HM Revenue and Customs BX9 1AS or this: Capital Gains Tax Queries HM Revenue and Customs BX9 1AS ?
Posted Mon, 11 Mar 2024 14:06:04 GMT by HMRC Admin 32 Response
Hi,

Please send to:

HMRC PAYE & Self Assessment
BX9 1AS

Thank you.
Posted Mon, 15 Apr 2024 08:00:19 GMT by wJaSyhM7Y4
Hi, What are the Inheritance Tax (IHT) implications when a such a gift, or cash gift, is made to a spouse, but neither of the two parties are permanent UK residents? https://www.gov.uk/inheritance-tax/gifts only says that this is IHT free only if both parties are permanent residents in the UK. I understand that these gifts are income tax free, however, is there an IHT for non-permanent residents (but residents)?
Posted Thu, 25 Apr 2024 09:45:11 GMT by HMRC Admin 25 Response
Hi wJaSyhM7Y4,
Please refer to:
How Inheritance Tax works: thresholds, rules and allowances
Or contact the IHT helpine on 0300 123 1072.
Thank you.  
Posted Mon, 18 Nov 2024 18:03:14 GMT by Konstantin
I have a similar situation as OP but my shares are in US broker account. Would it be still possible with a gift declaration letter to HMRC or shares must be transferred to UK broker account ? Thank you
Posted Tue, 26 Nov 2024 08:09:39 GMT by HMRC Admin 19 Response
Hi,
There is no tax liability arising from the transfer of assets between spouses or civil partners and there is no requirement for your to move the shares to a UK broker account.
Thank you.
Posted Mon, 09 Dec 2024 01:09:34 GMT by PB_1974
Hi, To follow up on the first post. The confirmation in writing to the HMRC of the shares gifted to my wife, which I will held in my account and we will both keep record of them. do I need to send it when gifting the shares or when doing our self assessment return? Thank you
Posted Thu, 12 Dec 2024 17:51:58 GMT by HMRC Admin 20 Response
Hi PB_1974,
There is no requirement to send notification of the transfer of assets between spouses and civil partners.  
It is only when the assets are disposed of, would any gain need to be reported.  
This may be with the realtime transaction service (RTTCGT) or a self assessment tax return, or both.
Thank you.
 

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