Transfer of Shares / Losses - CGT

[rangerscym]

I have unrealised losses on bank shares. My wife has made a modest gain this year in excess of her personal CGT allowance. I am looking to transfer ownership of some shares to her with a view to these unrealised losses offsetting her gain.

I have read CGT1 which states:
"In general, transfers of assets between spouses or civil partners living together in a year of assessment are not treated as disposals for Capital Gains Tax purposes. Instead, the spouse or civil partner receiving the asset is treated as having acquired it at the same time and for the same consideration as the transferring spouse or civil partner
originally acquired it."
This suggests that I can transfer the loss making shares to my wife to offset her gains from this year. However, the same section goes on to state:
"In addition the general treatment does not apply to the disposal of trading stock between spouses or civil partners.".
This would appear to trump the previous info but then offers no further guidance. Does anyone have experience in this area?

 

[mandelbrot]

Way to complicate things unnecessarily! CGT losses are transferable between jointly assessed spouses, so if you just sell the shares and assuming you have no gains of your own, they can be used to reduce any gains of your spouse.

The relevant legislative provision is S.1028(3) Tca 1997.

 

[smeharg]

I think you need to read that again.

A transfer between spouses is not a disposal for CGT, so no gain or loss arises on the transfer to your wife. Your losses will remain unrealised until the shares are sold to a third party.

 

[rangerscym]

Thanks Mandelbrot- this saves a lot of time and unecessary paperwork!!