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Posted Thu, 25 May 2023 07:55:05 GMT by DavidH
Gifting of shares to a spouse. Does the 30 day rule apply on the gifting of shares? On 30 April I sold shares in X quoted company. This generated a CGT gain. On 14 May my wife gifted shares to me in the same company. My understanding is that the shares my spouse gifted to me retain their original purchase price for CGT purposes. In other words any gain when I sell the shares will be calculated using the difference in value between when my wife first owned the shares and when I dispose of them. My question is - does the 30 day CGT rule apply even though I did not actually repurchase the shares?
Posted Wed, 31 May 2023 09:58:12 GMT by HMRC Admin 20
Hi DavidH,

The 30 day rule does apply, it is the fact that you have reacquired the shares, you don't have to have repurchased them.
When you come to dispose of some of them, the dates that matter for the share identification rules are the dates that you acquired them, not the time when your wife did. 
Please see the following guidance:
CG51560 - Share identification rules for capital gains tax from 6.4.2008: the “same day” and “bed and breakfast” identification rules 

Thank you.
Posted Thu, 01 Jun 2023 06:05:47 GMT by DavidH
Thank you for your response. Does this also mean that as the shares my wife gifted to me were acquired by me at less than her purchase price she has acquired a CGT loss on the shares and that this can be offset against CGT gains? Also if I were to gift the shares back to my wife what cost price would she use. Her original cost or the cost now shown on my account?
Posted Thu, 01 Jun 2023 14:05:01 GMT by HMRC Admin 8
Hi,
Provided that you are legally married and living together, you will never pay CGT when you sell or transfer shares between each other.
Instead, you are treated as receiving disposal proceeds equal to the allowable costs.
So, you are treated as making neither a chargeable gain nor an allowable loss for each inter-spouse transfer.
When you come to sell the asset, you will be treated as having the respective spouse’s allowable costs.
Thank you.

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