Divorcing couples released from complex CGT trap

Laura Suter
21 July 2022

Laura Suter, head of personal finance at AJ Bell, comments on changes to the CGT process for divorcing couples:

“This change to a niche area of tax rules will be a big relief for couples who are divorcing and have assets and investments they need to transfer between them. The current rules mean that you only have the remainder of the tax year in which you get divorced to make transfers of investments or assets without it being considered for CGT purposes. 

“It means that before now there has been a bizarre case where it’s more beneficial to get divorced in the new tax year in April, as it gives you more time to sort your financial. Likewise if you were ‘unlucky’ enough to get divorced in late March you’d face a dash to get your financial affairs in line before the April 5th deadline.  Clearly basing your divorce around the tax year system isn’t practical, so this fix will avoid a lot of hassle and stress.

“Now couples will be given three years from when they divorce to make these transfers, saving on potentially large tax bills if they didn’t transfer assets in time and giving more breathing space. The rule change follows a recommendation from the Office for Tax Simplication in May last year. The OTS has also recommended slashing the tax-free allowance and raising rates for CGT, but investors will be breathing a sigh of relief that the Government hasn’t adopted those policies yet.”

Laura Suter
Director of Personal Finance

Laura Suter is director of personal finance at AJ Bell. She is a spokesperson for the company on a range of personal finance topics and is quoted in print media and regularly appears on TV and radio. She is also a founding ambassador of AJ Bell Money Matters, a campaign to get more women investing and engaging with their finances; she hosts two podcasts; and regularly speaks at events and webinars. Prior to joining AJ Bell she was a multi-award winning financial journalist, specialising in investments. Laura joined AJ Bell from the Daily Telegraph, where she was investment editor. She has previously worked for adviser publications in London and New York and has a degree in Journalism Studies from University of Sheffield.

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