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Capital Gains Tax

Use Your Spouse's CGT Allowance

One of the most underused rules in UK tax. Married couples and civil partners can double their household's annual tax-free gains — and progressively shelter investments from CGT forever.

Educational tip only. This page is for informational purposes and does not constitute financial or tax advice. Tax rules can change, and your personal circumstances will vary significantly. Always consult a qualified adviser or tax specialist before acting.
The Statutory Rule

Under Taxation of Chargeable Gains Act 1992 (TCGA92), Section 58, disposals of assets between spouses or civil partners who are living together are treated as giving rise to neither a gain nor a loss. The asset is deemed to transfer at a value equal to the original acquisition cost — meaning no CGT liability arises on the transfer itself.

The receiving spouse inherits the transferring spouse's original cost base. Any future gain is calculated from that original purchase price — and each spouse uses their own separate annual CGT exemption against their share of the gain.

Why This Matters

Every UK individual receives an annual Capital Gains Tax exemption — £3,000 for 2024/25 and 2025/26. Gains realised within this threshold are tax-free. Above it, you pay CGT at 18% (basic rate taxpayer) or 24% (higher or additional rate taxpayer) on investments such as shares and funds. Property gains use different rates.

If you hold all your investments solely in your own name, you can only access one £3,000 exemption per year. By transferring a portion of your holdings to your spouse or civil partner before selling, you can effectively access two exemptions — doubling the annual tax-free threshold to £6,000 for the household.

This is especially powerful when combined with a Bed & ISA strategy: selling assets, realising the gain (tax-free within combined allowances), and repurchasing inside an ISA. Once inside an ISA, all future growth and income from those assets is permanently sheltered — no CGT, no Dividend Tax, no Income Tax, ever.

£3,000Your annual CGT allowance (2025/26)
£3,000Your spouse's annual CGT allowance
£6,000Combined household allowance per year
24%Higher rate CGT on investment gains above allowance

A Worked Example

You hold shares in a global equity ETF worth £30,000, purchased for £18,000. Your total gain is £12,000. You want to move everything into your Stocks & Shares ISA — a strategy known as Bed & ISA — but without triggering a large CGT bill. Without involving your spouse, you can only realise £3,000 of gains tax-free per year, meaning it would take four years to shelter the full holding.

❌ Without Spousal Transfer
Total gain on holding£12,000
Your annual CGT allowance£3,000
Taxable gain (Year 1)£9,000
Tax at 24% (higher rate)£2,160
Years to shelter all gains4 years+
✅ With Spousal Transfer
Transfer half to spouse (no CGT)£0 tax
Your gain on your half£6,000
Spouse's gain on their half£6,000
Each uses £3,000 allowance£0 tax
Total tax owed (Year 1)£0

In this example, both spouses then reinvest into their respective Stocks & Shares ISAs. The entire £30,000 holding — which will compound and generate dividends from this point forward — is now permanently inside a tax-free wrapper. Not a penny of future growth will ever be subject to tax.

How to Execute the Strategy: Step by Step

  1. Identify assets with unrealised gains. These are investments currently held outside an ISA where the current value exceeds what you originally paid. Calculate the approximate gain on each holding before proceeding.
  2. Transfer a portion to your spouse. Contact your investment platform to initiate the transfer. This is a standard re-registration of ownership — not a sale. No CGT arises at this point. Your spouse inherits your original cost base (the price you originally paid), not the current market value.
  3. Each of you sells your respective portion. Both of you then sell your holdings in the open market. Each sale realises a gain calculated from the original purchase price. Each of you applies your own £3,000 annual CGT allowance against your respective gain.
  4. Both reinvest inside ISAs. Using the sale proceeds, each of you subscribes to your Stocks & Shares ISA and repurchases the same (or equivalent) assets. All future growth on those assets is now permanently tax-free.
  5. Repeat annually. With up to £6,000 of combined gains available tax-free each year, you can systematically move your entire portfolio inside the ISA wrapper over time — paying no CGT along the way.

The Bed & ISA Opportunity

The Bed & ISA strategy (selling assets outside an ISA and repurchasing them inside) is one of the most effective long-term tax planning moves available to UK investors. The CGT spousal transfer supercharges it: instead of being limited to sheltering £3,000 of gains per year, a married couple can shelter £6,000. On a larger portfolio, this can save tens of thousands of pounds in future taxes over a decade of systematic transfers.

It is worth noting that there is a brief period between selling and repurchasing where you are out of the market — typically a few days. This is an unavoidable feature of the strategy and should be considered when markets are volatile.

⚠️ Critical Requirements

The transfer must be outright and unconditional. You cannot have any side agreement to get the proceeds back, to share them, or to direct how your spouse uses the money. HMRC will treat any conditional transfer as if it never happened and charge CGT accordingly — this is known as the "settlements legislation" anti-avoidance rule. The asset must genuinely become your spouse's, with no strings attached. Additionally, this rule only applies to spouses and civil partners who are living together — couples who are separated (even if still legally married) lose this benefit.

✅ Additional Planning Opportunities

The same no-gain/no-loss rule also applies to transfers of assets outside the ISA context. If one spouse has a higher rate of CGT than the other (for example, one is a basic rate taxpayer with gains taxed at 18%, the other a higher rate taxpayer at 24%), transferring assets to the lower-rate spouse before selling can reduce the overall tax bill — even without the ISA step.

Frequently Asked Questions

Does the receiving spouse have to sell immediately?

No. Once the asset is transferred, the receiving spouse can hold it indefinitely. The no-gain/no-loss rule applies to the transfer itself — what happens after that is a separate question governed by ordinary CGT rules at the time of any future disposal. The cost base (original purchase price) travels with the asset.

Does this affect the annual ISA subscription limit?

No. ISA subscriptions come from cash proceeds — the sale of the transferred assets. Each spouse uses their own annual ISA allowance (£20,000 each for 2025/26). The spousal CGT transfer does not consume or affect either person's ISA allowance.

What about stamp duty or platform charges?

Stamp Duty Reserve Tax (SDRT) at 0.5% typically applies when buying shares. This would apply when each spouse repurchases assets inside their ISA. Most platforms also charge dealing fees. These costs should be factored into your calculations, though they are generally modest relative to the CGT savings achieved.

Official Government & HMRC References
gov.uk — Capital Gains Tax: gifts and transfers between spouses HMRC Capital Gains Manual CG22200 — Husband and wife: general rule (TCGA92/S58) gov.uk — CGT rates and annual tax-free allowances (current year) legislation.gov.uk — TCGA 1992, Section 58 (full statutory text) MoneyHelper — Stocks and Shares ISAs explained
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