Pump Court Tax Chambers

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Emma Pearce

Pump Court Tax Chambers

Laura Poots

Pump Court Tax Chambers

Richard Vallat

Pump Court Tax Chambers

Rupert Baldry

Pump Court Tax Chambers

1 Contributions by Pump Court Tax Chambers Experts

UK CGT on Gifts: Market Value Rule, Spouses and Connected Persons, Hold-over Relief (TCGA 1992 ss 260 and 165), Business Assets, Non-Resident UK Property, Clawback, and Charity Transfers
PRACTICE NOTES
Giving an asset away counts as a disposal for capital gains tax (CGT). This may, therefore, crystallise a CGT charge on any gain that is treated as having arisen. The general rule For CGT purposes, a gift is treated as a disposal for consideration equal to the asset’s market value. The recipient’s (donee or transferee’s) base cost is that market value. For details on the disposal value, see: Introductory guide to CGT. The same approach generally applies to any bargain not made at arm’s length, which can include a sale for less than full value, though not in every instance. Any gain arising on a gift or a sale at an undervalue is chargeable in the usual way, and losses are allowable in the normal manner. Gifts between spouses and civil partners A transfer to a spouse or civil partner will not give rise to any gain or loss,
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