More flexibility for separating couples on the way
In 2021, the Office of Tax Simplification (OTS) recommended that the current window for separating couples to transfer assets without triggering a taxable gain should be extended. Why is the draft legislation better news for couples than first anticipated?
Currently, where spouses (or civil partners) separate in a way that is likely to be permanent, there is a limited period of time for them to reach an agreement regarding transferring assets to one another without triggering a taxable capital gain. The window slams shut at midnight on 5 April of the year of permanent separation. This has long been criticised, as those separating late in the tax year may have mere days to effect transfers efficiently. It initially appeared that the government would extend the window to the end of the tax year following the year of permanent separation. However, draft legislation published in July 2022 makes clear that from April 2023 spouses and civil partners will have three full tax years following the year of separation to transfer assets with no capital gains tax consequences.
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