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Can I sell company shares to my 1 year old daughter to realise

 
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  • Answered by:Mrs-Tax
  • Tax Adviser
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Customer Question

Can I sell company shares to my 1 year old daughter to realise capital gains?
Could I also gift shares to my wife, to sell to our daughter to realise her CGT allowance as well?

The shares would then be registered in "my name A/c daughter", would this be seen as a bed and breakfast?

Does my 1 year old daugher also have a CGT allowance?

Submitted: 380 days and 12 hours ago.
Category: UK Tax
Value: £11
Status: CLOSED

Accepted Answer

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Expert:  Mrs-Tax replied 380 days and 9 hours ago.

Hello

Once you have read my answer, please ask me if you need me to clarify anything. Once you are happy, please press the accept button.

 

Yes you can sell/gift the shares to your daughter. As she is your daughter, you will be charged to capital gains tax as if you had sold the shares at market value. Your daughter will then take the shares with a base cost of that market value and when the shares are sold in the future, she has her own CGT allowance to offset against any gain arising from the increase in value. Re other taxes: for income tax purposes, any dividend payments from the shares in the future that exceed £100 would be charged to income tax on you. Finally, this would be a gift for inheritance tax purposes the value of which (after your annual allowance of £3000) will fall out of your estate for IHT after a 7 year period.

 

You can pass shares freely to your wife and she will take the shares with your base cost. Your wife can also gift shares to your daughter with the same tax consequences as listed above.

 

The fact that the shares would be held in the name of you on behalf of your daughter means that they are held under a bare trust for her until she reaches 18 and this does not fall under bed and breakfasting.

 

Regards

 

 

Expert TypeTax Adviser
Category: UK Tax
Pos. Feedback: 100.0 %
Accepts: 59
Answered: 3/27/2012

Experience: Law Degree, 19 years in UK Tax.

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Customer replied 380 days and 9 hours ago.

If I gift £20k of stock to my daugher to my daughter do I have to pay the ful rate of stamp duty (£100)?

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Expert:  Mrs-Tax replied 380 days and 8 hours ago.

No stamp duty is payable on a gift as stamp duty is payable on the cash paid.

 
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