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Posted Tue, 25 Jul 2023 10:54:29 GMT by
So, a husband and wife jointly own a second property with a substantial capital gain. When one spouse dies, the property is transferred to the surviving spouse under survivorship rules with no IHT payable. If the surviving spouse then sells this property, what is the base value for CGT; is it acquisition cost or probate value?
Posted Wed, 02 Aug 2023 11:30:56 GMT by HMRC Admin 20 Response
Hi Roger Taylor,

For the surviving spouse, it would be the acquisition costs, not the probate value.  
Have a look at example 1 at CG22240 - Transfer of assets: between spouses or between civil partners: examples

Thank you.
 
Posted Wed, 29 Nov 2023 14:44:49 GMT by Alan Webb
HMRC, how do you square your answer with https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg30390 Example 1? There may be no IHT but whether the property is held as Tenants in Common, or Joint Tenants the deceased’s half share passes at Probate Value on death. The link you have quoted relates to lifetime transfers as they affect CGT.

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