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Transferring property to spouses: Is it tax avoidance?

Shared from Tax Insider: Transferring property to spouses: Is it tax avoidance?
By Lee Sharpe, December 2019

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Lee Sharpe considers whether transfers between spouses or civil partners constitutes tax avoidance.

Tax professionals will be generally be quite familiar with the tax issues that arise from transferring assets between spouses or civil partners.

Capital gains tax

TCGA 1992, s 58 basically states that such transfers between couples who are living together shall give rise to neither a gain nor a loss.

Inheritance tax

IHTA 1984, s 18 states that transfers between spouses and civil partners are exempt for IHT purposes (with potential restrictions imposed where a spouse is not domiciled in a UK jurisdiction). 

Income tax <

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