Make an Enquiry

Doncaster Office

01302 341 414 Doncaster

Sheffield Office

0114 272 1884 Sheffield

Sprotbrough Office

01302 965875 Sprotbrough

New Capital Gains tax rules in family cases

16 March 2023

Sharon McKie

New Capital Gains tax rules in family cases

It is anticipated that from 6 April 2023, the capital gains tax rules applicable to divorcing couples, will change radically.

Separating couples will have 3 years following the tax year of their separation, in which they can make transfers on a no gain/no loss basis. At present they have to be completed in the same tax year. Furthermore, if the transfer is done by way of a consent order or order of the court, there is an unlimited period of time for the no gain/no loss transfers.

Where one spouse does not receive their interest in the property for a period of time, for example when children are 18, they will not be penalised by postponing the sale for the benefit of the family.

Whilst the new rules make the position simpler at the time of the settlement, the person who transfers the asset is taking on a latent tax charge. The gain has not been wiped out completely but is postponed and as the acquisition cost is considered, the eventual tax liability may be greater that under the current rules.

It is important to note that there will be no changes for co-habiting couples.

Tax is an important consideration in matrimonial settlements, particularly where there is more than one property. Expert advice should always be taken prior to finalising the terms of a financial settlement.

Please contact the Family team for advice in relation to this issue or any other family matter, on 01302 341414 or 0114 272 1884, alternatively, you can fill out our online enquiry form.

We have further articles on our website relating to divorce, here are four that you may find informative:

Reviews and Accreditations

4.1

(213)

Google

"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."

Avatar for Carl Chandler

Carl Chandler

6 months ago

Google

"I have recently sold my property in Liverpool and Peter Caswell at Taylor Bracewell Solicitos acted on my behalf and he was outstanding. This was a very difficult sale due to the fact that the other party's solicitors was excessive in their demand and clearly ignorant but Peter was very patient during what ended up being a long drawn out process. Peter maintained professionalism..."

Avatar for chinwe Russell

chinwe Russell

4 months ago

Google

"Really informative and clear initial call - took the time to listen to my situation, understand what was needed and answer all my questions. One small mistake in the first draft of the Will (no-one’s perfect!) but quickly rectified. Peace of mind that everything is looked after if I die."

Avatar for Nick Savage

Nick Savage

5 months ago

Google

"I want to express my sincere thanks to Peter for the fantastic job over the last 18 months. The level of professionalism, attention to detail, and clear communication throughout the process has been outstanding. Everything was handled smoothly and efficiently, making what could have been a stressful experience completely hassle-free. I will absolutely continue to use their servi..."

Avatar for Ali Hammoud

Ali Hammoud

8 months ago

Google

"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."

Avatar for Carl Chandler

Carl Chandler

6 months ago

Google

"Emma cornell acted on behalf of 5 beneficiaries regarding a will being contested .she was brilliant from day 1 and we cannot recommend ger enough, thanks again Emma"

Avatar for Freda Lacey

Freda Lacey

3 years ago

Google

"Many thanks to Kerry and Sopie for dealing with a property sale for us. It was quite a complicated affair but was dealt with professionally from start to finish."

Avatar for Beryl Allan

Beryl Allan

4 years ago

Google

"Very professional happy with there service"

Avatar for Tim Cranswick

Tim Cranswick

3 years ago

Google

"Excellent solicitors i needed their services, they were very professional, i would recommend them."

Avatar for Risdon Woodcock

Risdon Woodcock

a year ago

Google