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.