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Q: My client is divorcing and may transfer a rental property to his spouse as part of the divorce proceedings. Is CGT due.

A: Currently no CGT is due, if the transfer of assets takes place during the tax year the couple are still living together. So if a couple separate permanently In May 2021 they have until the 5 April 2022 to transfer assets on a no gain no loss basis. However new rules should be enacted for disposals after 6 April 2023. After 6 April 2023 couples will be given up to three years in which to make no gain or no loss transfers of assets between themselves when they cease to live together; and unlimited time if the assets are the subject of a formal divorce agreement. There are also changes for disposals of matrimonial homes for divorcing couples, contained in the link above.

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These publications from Markel Tax were correct at the time of going to press and should be considered as principles-based guidance only. To check current validity, call the Markel Tax helpline. ICAEW (as distributor) disclaims all liability for any errors or omissions.

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Markel Tax offers expert advice on UK tax and VAT via its helpline and provides monthly FAQs with questions and answers on common tax issues for businesses and practitioners.

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