Hi,
You can see the following guidance, specifically the paragraph "Spouses and civil partners, and joint holdings", here:
Investors' Relief 2024 (HS308)
Spouses and civil partners are treated separately for Investors’ Relief. Each person is entitled to relief up to the maximum lifetime limit of qualifying gains, provided the relevant conditions are satisfied.
Where you hold shares jointly with another person, whether that is your spouse, civil partner or someone else, you are treated as having subscribed for the appropriate proportion of qualifying shares. Your spouse would need to meet the qualifying conditions.
To qualify for Investors’ Relief, you have to have subscribed for shares that meet the relevant qualifying conditions throughout the period you have owned them and that you have owned for at least 3 years. The main conditions that must be met are:
- They are ordinary shares in the company
- You subscribed for them in cash, and they were fully paid up when issued
- The company is a trading company or the holding company of a trading group
- None of the company’s shares are listed on a stock exchange
- Neither you nor any person connected with you is an employee of the company or of a company connected with it
As your spouse will not meet the qualifying conditions as she has not subscribed to the company we would say that, no, she would not be eligible for investors relief.
Thank you.