Gift Hold-Over Relief is a tax relief that results in a deferral of Capital Gains Tax (CGT). The relief can be claimed when assets are given away (including certain shares) or sold for less than they are worth to help benefit the buyer. The relief means that any gain on the asset is ‘held-over’ until the recipient of the gift sells or disposes of them. This is done by reducing the donee’s acquisition cost by the amount of the held over gain.
The person gifting a qualifying asset is not subject to CGT on the gift. However, CGT may be payable where the asset is sold for less than it’s worth. Gifts between spouses and civil partners don’t trigger capital gains. A claim for the relief must be made jointly with the person to whom the gift was made.
If you are giving away business assets, you must:
- be a sole trader or business partner, or have at least 5% of voting rights in a company (known as your ‘personal company’); and
- use the assets in your business or personal company.
You can usually get partial relief if you used the assets only partly for your business.
If you are giving away shares, then the shares must be in a company that is either:
- not listed on any recognised stock exchange; or
- your personal company.
The company’s main activities must be of a trading nature, for example, providing goods or services rather than non-trading activities like investment.