HMRC guidance is not that helpful on whether a CGT return is required within 30 days for a disposal of residential property from one spouse to another of a (rental) property or when a gift has been made of a property. It keeps referring throughout to a 'sale' of a property rather than to a 'disposal'. So on the face of it no return is required for either scenario. However, commentaries I have read suggest a return is required for a 'disposal' but then some say 'only if tax is payable'. Non residents seem to have to make a return even if there is no gain. Can anyone point me to some definitive answers on the matter please?
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A 30 day declaration is required if there is a disposal at a gain above the annual exemption, but a transfer between spouses is exempt as no gain no loss.
I believe there has to be a liability to pay CGT for a Return to be required. No tax, no Return.
Agree both above
A gift is a disposal
HMRC dumbing down from disposal to sale is however a good defence for failure to comply.
