Divorce settlement

Divorce settlement

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A client of mine received money for his shares in a trading company under court order as part of his divorce settlement.    Would this be subject to Capital Gains Tax?

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By roger.holman
07th Sep 2011 12:57

Probably

If they transferred the shares to their spouse after the tax year of separation, it is simply a sale of shares, so liable to CGT (with ER if the conditions are met).

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By LyneT
07th Sep 2011 13:37

When property subject to a court order is transferred, the deemed disposal proceeds are the market value at the date of the court order; similarly, the disposal date is the date of the court order.

However, despite there being no gratutious intent, gift relief is still available on the transfer.

The point is therefore, was the amount that your client received the market value of the shares, or some other value.  To the extent that your client received cash, CGT will be payable (subject to ER relief of course) 

If your client received less than the market value, holdover relief is available on the excess.

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