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What time period is required to avoid an HMRC challenge?

Question:

What time period needs to elapse between the transfer and sale of a property to avoid an HMRC challenge? In our case, we wish to sell my wife’s investment property but use my annual capital gains tax CGT allowance and some of my rolled forward capital losses. 

Arthur Weller replies:  

Strictly speaking, HMRC does not like 'asset splitting'; see www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg18150). However, in practice many people do it. There is no minimum period that needs to elapse between transfer and sale to avoid an HMRC challenge. Perhaps some people would say: (a) 6 months; others would say (b) do the two things in separate tax years; and others would say (c) something different. 

What time period needs to elapse between the transfer and sale of a property to avoid an HMRC challenge? In our case, we wish to sell my wife’s investment property but use my annual capital gains tax CGT allowance and some of my rolled

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This question was first printed in Property Tax Insider in May 2022.