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Inter-spouse transfers: Will HMRC object?

By Alan Pink, November 2020

Alan Pink considers situations where inter-spouse (or civil partner) transfers of assets may be regarded as ‘avoidance’, and HMRC’s potential reaction. 

Generally, it’s true to say that the tax legislation seems to want to make it easy for spouses (and civil partners) to transfer assets (including properties) to each other.  

Property transfers and tax 

For example, such transfers are treated as ‘no gain/no loss’ disposals for capital gains tax (CGT) purposes. They are also exempt from inheritance tax (IHT), meaning that no tax is chargeable either on death or when an asset is transferred between spouses – even if the transferor then fails to survive for seven years.  

A rare example of the lack of

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