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CGT return for no-gain-no loss disposal and gifts?

Is a CGT 30 day return needed for (i) an interspouse transfer or (ii) gift of residential property?

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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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By AlgernonB
03rd Mar 2021 15:25

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.

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By mbee1
03rd Mar 2021 15:58

I believe there has to be a liability to pay CGT for a Return to be required. No tax, no Return.

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By Paul Crowley
03rd Mar 2021 16:56

Agree both above

A gift is a disposal

HMRC dumbing down from disposal to sale is however a good defence for failure to comply.

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Replying to Matrix:
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By TaxAngel
03rd Mar 2021 17:19

Perfect, thank you. I looked for this but search let me down.

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Replying to Matrix:
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By TaxAngel
03rd Mar 2021 17:19

Perfect, thank you. I looked for this but search let me down.

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