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Gifting ordinary shares: Will further taxes be due?

Question:

I am considering selling my company and increasing dividend payouts. I want to gift 39 out of 100 issued ordinary shares to my wife, who is the company secretary. The shareholdings ratio will then be 61:39, with full voting rights to each shareholder. I do not think any capital gains tax (CGT) or stamp taxes will be due.  Will there be any other implications with this approach which I need to be aware of? 

Arthur replies: 

If you and your wife are living together there will be no capital gains tax when you transfer 39 shares to her. Additionally, since this is a gift, there will be no stamp duty charge on the transfer. Since the shares will have full voting rights, you should be okay regarding HMRC's ‘settlements’ anti-avoidance concerns – see HMRC’s Trusts, Settlements and Estates Manual at TSEM4205. 

I am considering selling my company and increasing dividend payouts. I want to gift 39 out of 100 issued ordinary shares to my wife, who is the company secretary. The shareholdings ratio will then be 61:39, with full voting rights to each

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This question was first printed in Business Tax Insider in December 2023.