Re: CGT Exemption for Married Couple

Slim · 27 Oct 2004

my first attempt to post this failed, I think.
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Hi All

We only qualified for FA shares because we have a joint mortgage on our PPR with FA. I read somewhere, either AAM or Independent on Sunday, that ,if the shares were allotted by virtue of a joint account, as ours were, then double the exemption could be claimed, i.e. €1,279 X 2 for 2004.

Is this correct/arguable/posssible?

Slim

Guest · 27 Oct 2004

The Revenue CGT FAQ states (my underlining):

[broken link removed]

4. Q: I am married. Do I get double exemption?

A: The annual exempt amount applies to individuals. In the case of a married couple both spouses are entitled to the exemption only if each held shares individually or in joint names or, in the case of free shares, if the shares were allotted on a joint investment account or housing loan in which each had a beneficial interest. Where one spouse held the shares only one exemption is available. The other spouses unused exemption cannot be transferred to the chargeable spouse.

which seems to allow for both exemptions to be used where in certain cases even if the shares are in only one of the spouse's names.

Disclaimer: I am not a tax expert and am operating off summary information and not interpretation of the actual tax codes/statutory instruments.

Slim · 27 Oct 2004

Thanks Unreg.

as ever the answer lies at the other end of the click of a mouse(or two). You were very kind to go get it for me.

slim 8)

Re: CGT Exemption for Married Couple

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