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Posted Tue, 18 Jul 2023 09:33:39 GMT by Mark Lodge
I've completed all the forms with Land Registry and they have finally completed transfer of a property to my spouse. I've checked and, as there is no mortgage, there is no stamp duty or capital gains due at this point (although I understand that CGT will apply if property is sold later by my wife). I want to let HMRC know that transfer has occured and also expect to complete a self assessment later on showing that I no longer own property and have transfered it and my wife. Plus my wife will need to complete her own self assessment going forward and presumably notify HMRC she is receiepient of gifted property. How do I do all that? All the forms I find seem to be associated with notifying of a sale and capital gains or even inheritance related exemptions. There must be some forms I need to complete that notifies HMRC and shows zero tax implication at this point for the transfer of the property to my spouse? Or is it as simple as sending an email? Ay help on what to do to notify HMRC correctly is appreciated.
Posted Mon, 24 Jul 2023 07:58:09 GMT by HMRC Admin 5 Response
Hi

As there is no capital gains tax to pay on the transfer of assets between spouses or civil partners, you would not need to report the transfer to HMRC.  
If your wife, as the beneficiary of the gift, sells the property, she may be subject to capital gains tax at the time of disposal and based on current legislation would have 60 days to report and pay the capital gains tax.  
Your wife is not required to notify HMRC that she is the recipient of the gift.

Thank you
Posted Sat, 29 Jul 2023 17:55:59 GMT by
Dear HMRC I would like to transfer the property to my wife without any 'chargeable consideration', There is no mortgage on the property. Do I need to pay Stamp Duty Land Tax and Capital Gains Tax? If not, do we need to apply for Capital Gains Tax Identifier? Do we need to complete any forms and report SDLT or CGT to HMRC? Appreciate your response.
Posted Fri, 04 Aug 2023 10:30:50 GMT by HMRC Admin 25 Response
Hi John2023,
There is no Capital Gains Tax on gifts of property to spouses.
You should let HMRC know though that it has happened.
For stamp duty you would need to contact them on 0300 200 3510. 
Stamp Duty Land Tax
Thank you,
Posted Fri, 08 Dec 2023 15:11:01 GMT by
Dear HMRC. So if I transfer as a gift my shares of our property to my spouse there is no CGT? What about SDLT?
Posted Mon, 11 Dec 2023 08:23:19 GMT by HMRC Admin 19 Response
Hi,

Please contact the Stamp Duty Land Tax team for advice.

Stamp Duty Land Tax

Thank you
Posted Tue, 22 Oct 2024 09:58:51 GMT by OLDTAXDOG WARD
Good morning, I am considering the same as Mark LODGE in the first question, donating my half of a jointly held House to my wife, and she to me on our other house. Admin 5 says you do not have to inform HMRC but Admin 25 says you do. What is the correct answer, please? Thank you.
Posted Tue, 29 Oct 2024 11:31:11 GMT by HMRC Admin 19 Response
Hi,
Because no Capital Gains Tax arises when you gift property to a spouse, you do not have to report the transaction to HMRC through your Self Assessment tax return. For the sake of clarity however, and for future reference, you may wish to let HMRC know, by letter or phone call, that the property has been gifted, and we will note our records accordingly.
Self Assessment: general enquiries
Thank you.
Posted Thu, 14 Nov 2024 13:41:56 GMT by Paul graham
Hi I am in process of transferring 50 percent share of a flat that I own to my stepdaughter I have instructed a solicitor to do so. I helped her purchase the property two years ago.and provided the half of the money as a gift and now wish to give her my half share ! I wish to make a deed to her and inform hmrc of this ! What forms or process do I need to do ?
Posted Mon, 18 Nov 2024 12:32:52 GMT by HMRC Admin 17 Response


Hi ,
 
Your solicitor should deal with all the legal requirements to transfer the property. 

As the beneficial owner of 50% of the flat, you may be subject to capital gain tax on your share,
when transferring the property to your step daughter. 

Please have a look at the guidance at :

Tax when you sell property   . 

You also may wish to seek professional advice on this disposal .

Thank you .

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