How do I avoid capital gains tax on gifted property in the UK?

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In the UK, you can avoid or reduce Capital Gains Tax (CGT) on a gifted property in specific circumstances, such as if it is your main home, you gift it to your spouse or civil partner, or you use a trust for a child. Gifting to other individuals is generally a "disposal" for CGT purposes and is taxed at market value.

How to avoid Capital Gains Tax on gifted property in the UK?

Capital Gains Tax

You won't pay CGT if: It is your current home, and you have lived there the entire time. You gift the property to your spouse. The property to be gifted is put into a trust, for example, as a benefit for your child.

Can you avoid capital gains by gifting?

If you're considering giving cash, you might want to think about gifting appreciated stock instead. This approach could significantly reduce—or even eliminate—the federal tax on the asset's growth. This strategy revolves around leveraging the different long-term capital gains tax rates.

How do I transfer property to a family member tax free in the UK?

Gifting the Property

It's the most common way to transfer property to a family member. A property can be gifted with a Deed of Gift which is sometimes known as a transfer of gift. The homeowner would need to fill in a TR1 form (learn more in our guide to what is a TR1) to request to gift the property transfer.

What is a simple trick for avoiding Capital Gains Tax?

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.

Transferring Property to a Spouse or Children in the UK: What You MUST Know About Tax Implications

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Is there a loophole around capital gains tax?

Capital Gains Tax 6 Year Rule Explained

The 6 year rule, or six year absence rule, extends the main residence exemption. It lets you treat your former home as your principal residence for up to six years after moving out, even if it is rented as an investment property.

What is the 36 month rule?

How Does the 36-Month Rule Work? If you lived in a property as your main home at any time, the last 36 months before selling it are usually free from Capital Gains Tax (CGT). This applies even if you moved out before the sale. The rule is helpful if selling takes longer due to personal or market reasons.

What is the most tax-efficient way to gift a property?

You can gift it to your spouse

Central to how tax works when it comes to gifting property is who you gift to. If you gift to your spouse or civil partner, you're exempt from paying most taxes. The same goes for if you gift to your child and place the property in a trust for them to claim when they're old enough.

Is it better to gift or inherit property in the UK?

Is it better to gift or inherit property? This depends on your personal circumstances. For example, if the value of your property has increased significantly since you bought your property but your estate is still under your inheritance tax threshold, it may be better to keep your property.

How does HMRC know about gifts from parents?

It is the executor's job after a person dies to disclose all lifetime gifts to HMRC, particularly all those made in the last 7 years prior to death. Executors are obliged to research all lifetime gifts made.

Who pays capital gains tax on a gift?

If you give an asset to someone, you may have to pay capital gains tax, as you are disposing of something. The rules depend partly on who you make the gift to. For this purpose, a gift includes selling something for less than its market value.

What is the best way to transfer property to your children?

There are several ways to pass on your home to your kids, including selling or gifting it to them while you're alive, bequeathing it when you pass away or signing a “Transfer-on-Death” deed in states where it's available.

What is the 6 year rule for capital gains tax?

The six-year rule provides a CGT main residence exemption, which allows you to treat your main residence as your primary home for CGT purposes even while you're using it as a rental property, for up to six years, as long as you don't nominate another property as your main residence during that time.

How to avoid the 60% tax trap in the UK?

Beating the 60% tax trap: top up your pension

One of the simplest ways to avoid the 60% income tax trap is to pay more into your pension. This is a win-win, because you reduce your tax bill and boost your retirement fund at the same time. Here's an example. You get a £1,000 bonus, which takes your income to £101,000.

Are there any gift tax exemptions in the UK?

How much money can you gift tax-free? As of 2025/26, you're entitled to an annual tax-free gift allowance of £3,000. This is also known as your annual exemption. With your annual gift allowance, you can give away assets or money up to a total of £3,000 without them being added to the value of your estate.

How to avoid paying capital gains tax on inherited property in the UK?

Ways You Can Avoid Capital Gains Tax on Inherited Property

  1. Make the Inherited Property Your Primary Residence. ...
  2. Sell the Property Immediately. ...
  3. Rent the Property Out. ...
  4. Disclaim the Property. ...
  5. Deduct Your Closing Costs. ...
  6. Personal Use Property. ...
  7. Investment Property. ...
  8. Stepped-Up Basis.

What is the loophole for inheritance tax in the UK?

However, there is a little-known IHT loophole that does not have a set limit or post-gift survival requirement, known as 'Gifts for the Maintenance of Family'. Any gift that qualifies under this loophole is exempt from IHT. If HMRC decide that the gift was larger than reasonable, the reasonable part is still exempt.

What is the first thing you should do when you inherit money?

Assess Your Financial Situation

It's important to determine your overall wealth once you receive inherited money. Before you spend or give away any money or assets, decide to move, or leave your job, your Wealth Advisor should help you decide what to do with inheritance money.

What is the 7 year rule for gifting?

The 7 year rule

No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.

What is the 14 year rule?

This basically means that any gifts made up to 14 years before the donor's death could attract inheritance tax.

Is there a tax advantage to gifting?

Because of the annual exclusion, many gifts fall under the IRS's tax-free threshold, meaning most small to moderate financial gifts between family members have no tax consequences. In 2025 and 2026, the IRS allows individuals to give up to $19,000 per recipient each year without needing to file a gift tax return.

How long do you have to keep a property to avoid capital gains tax in the UK?

You must live in the property as your main home for part of the time you own it. The last nine months of ownership are automatically exempt even if you move out.

How much can I inherit from my parents tax free in the UK?

There's normally no Inheritance Tax to pay if either: the value of your estate is below the £325,000 threshold. you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club.

What is the 7 year capital gains tax exemption?

7-Year Capital Gains Tax Exemption

If you dispose of land or buildings bought between 7 December 2011 and 31 December 2014, and held them for at least 4 years, you may be eligible for partial or full relief: Held for more than 7 years: No CGT for the first 7 years of ownership.

Who qualifies for 0% capital gains?

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and.