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Posted Mon, 10 Jul 2023 12:24:41 GMT by Alex Lalvani
Hi, I am in the process of divorcing my wife, we hold 2 rental properties in joint names with identical values. If we transfer them to owning one each rather than both jointly is any CGT due? I found an article which suggests not '2. Spouses exchange interests in multiple properties so that each become sole owners of individual properties. Gains are only charged to the extent that either party receives consideration valued above the amount that they give. This is the case provided the property does not become the residence of the transferee within six years of the transfer. If the properties have the same value, if there was to be a split in the ownership, there would be no tax on this transaction as there is no exchange of value.' Is this article correct and does it matter when you separated prior to divorce? Thanks
Posted Fri, 14 Jul 2023 11:51:24 GMT by HMRC Admin 8 Response
Hi,
Unfortuately, we cannot answer this question, merely provide guidance, to allow you to determine whether capital gains tax is due or not.
There is no capital gains tax liability arising from the transfer of assets between spouses and civil partners, however, when separation or divorce is involed, that may not be the case.
 Please have a look at:
HS281 Capital Gains Tax civil partners and spouses (2023)
and apply it to the your circumstances at the time of the transfer of the assets.

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