Private Families
Capital gains tax advice for families: plan the sale before you sign
Personal capital gains tax advice for families selling, gifting or transferring property, shares and investments, with the planning done before the deal completes.
On this page9 sections
Key points
- 1Individuals pay CGT at 18% or 24%, with a £3,000 annual exempt amount in 2026/27
- 2UK residential property gains must be reported and paid within 60 days of completion
- 3The best options usually close once you exchange contracts, so plan first
- 4Gifts to anyone other than a spouse or civil partner can create a gain with no cash received
- 5Residence, ownership and timing can change the bill more than the sale price
Capital gains tax (CGT) is charged on the profit you make when you sell, give away or otherwise dispose of an asset that has gone up in value. It reaches second homes, investment property, shares outside an ISA, valuable possessions and business interests. The bill is rarely just the sale price minus the cost, and the best savings are usually found before anything is signed.
Advice at ASWATAX is led personally by Omar Aswat, a Chartered Tax Adviser, so you deal with the people who actually do the work.
Who this is for
We act for families and individuals who are about to make a significant disposal or transfer. Typical clients include:
- Homeowners and landlords selling one or several properties
- Investors with a portfolio of shares, funds or crypto assets (see our Cryptocurrency page)
- Parents passing property or shares to children
- Executors and beneficiaries who inherit assets and want to sell
- People moving into or out of the UK whose residence changes how gains are taxed
What triggers a charge
A "disposal" is wider than a sale. It includes giving an asset away, exchanging it, transferring it to a company and, in some cases, receiving a capital sum for it. Gifts to a spouse or civil partner living with you are the main exception, because they are treated as made at no gain and no loss. Gifts to children, siblings or a family company are treated as made at market value, so a gain can arise with no cash coming in.
For most disposals, the date that matters is when contracts are exchanged or the asset is otherwise committed, not the date the money arrives. That timing can put a gain into one tax year rather than another.
How the tax works in 2026/27
Your gain is the sale proceeds (or market value, for gifts) less the cost, the costs of buying and selling, and money spent improving the asset. Then:
- Deduct any capital losses you hold.
- Deduct the £3,000 annual exempt amount (£1,500 for most trusts).
- Tax the balance at 18% to the extent it falls within your unused basic rate band, and 24% on the rest.
Those two rates apply to residential property as well as shares. Business Asset Disposal Relief can reduce the rate to 18% on qualifying business gains, up to a £1 million lifetime limit.
Timing, deadlines and the 60-day rule
UK residents who sell UK residential property and have tax to pay must report and pay within 60 days of completion. Missing it brings interest and penalties, even if you later include the gain on your tax return. Other gains go on your Self Assessment return, with the tax due by 31 January following the end of the tax year. See our Self-Assessment page if you have gains alongside complicated income.
Non-residents face their own rules for UK land and property, including a 60-day report even where no tax is due.
Reliefs and options compared
| Situation | Option to consider | Key point |
|---|---|---|
| Selling your only or main home | Private residence relief | Final nine months always qualify; part-let or business use can restrict it |
| Couple with unequal incomes | Transfer ownership between spouses first | No gain or loss on the transfer; the receiver takes over the cost |
| Selling a trading business | Business Asset Disposal Relief | 18% from 6 April 2026, £1m lifetime limit, two-year conditions |
| Gifting a trading company's shares | Gift holdover relief | Defers the gain; not available for let property or investment portfolios |
| Gain in a year with losses | Offset losses | Claim within four years; same-year losses used first |
| Planning to leave the UK | Review before departure | Gains can be taxed on return within five years |
Our Inheritance Tax Planning and Wealth Planning pages show how CGT fits with the wider family picture.
Common mistakes
- Planning after exchange. The main choices have often gone by then.
- Gifting without checking the gain. A cash-free gift can create a real tax bill.
- Forgetting the 60-day deadline on UK residential property.
- Wasting allowances, such as an unused annual exempt amount or a spouse's lower tax band.
- Poor records. Without costs and valuation evidence, a gain is overstated.
- Ignoring inheritance tax. Holding an asset until death can remove the gain but may add inheritance tax.
For a deeper look, read our articles on how CGT works and transferring property to a family member.
How we help
- A free first call. We listen, ask what you are trying to achieve and tell you whether advice would add value.
- A clear computation. We work out the gain and the tax under the options available.
- A plan for the sale or transfer, including who should own the asset, which tax year to use and which reliefs to claim.
- Reporting and follow-through. We can prepare the 60-day return or help with your Self Assessment so nothing is missed.
Because we look at income tax, inheritance tax and residence together, you avoid fixing one tax by creating another.
Why ASWATAX
Over 300 clients have relied on our advice, and we have more than 15 years' experience. We are commercially minded: the aim is a good outcome for your family, not an impressive-sounding scheme. We use plain English, and we say clearly when the best answer is to do nothing. The firm is rated 5.0 on Google.
Talk to us
If you are about to sell, gift or transfer something valuable, book a free first call. You can also contact us with the outline and we will reply the same working day. Advice is general guidance only; your position depends on your own facts.
01 · Guide in progress
The Capital Gains Tax Planning Guide
A plain-English checklist of the reliefs, deadlines and timing points to review before you sell, gift or transfer an asset.
Talk it through instead
Our The Capital Gains Tax Planning Guide is being written. In the meantime, a 20-minute call with a Chartered Tax Adviser is free.
Book a free callWe reply the same working day.
Often handled together.
- ServiceInheritance Tax PlanningPractical inheritance tax planning led personally by a Chartered Tax Adviser: gifts, trusts, reliefs, pensions and wills, shaped around your family.Read the page
- ServiceWealth PlanningOne joined-up tax plan for your wealth: allowances, pensions, investments, property, companies and succession, led by a Chartered Tax Adviser.Read the page
- ServiceResidencyClear advice on the Statutory Residence Test, split-year treatment and the tax that follows your residence, for families moving, working or living between countries.Read the page
- ServiceCryptocurrencyPractical crypto tax advice for UK investors and families: gains, income, records, new HMRC reporting rules and correcting past returns, all led by a Chartered Tax Adviser.Read the page
- ServiceSelf-AssessmentSelf-assessment for people whose tax is not straightforward: overseas income, property, gains, changes of residence and crypto, prepared and reviewed by a Chartered Tax Adviser.Read the page
From the journal.
Questions, answered.
Straight answers to what clients ask us most. Your own situation may differ, so treat them as a starting point.
Q1How much capital gains tax will I pay on a sale in 2026/27?
Individuals pay 18% on gains that fall within the unused part of their basic rate band and 24% on the rest, after deducting the £3,000 annual exempt amount. The rates are the same for residential property, shares and most other assets. Your other income decides how much of the gain sits in the lower band, so the same sale can cost two people very different amounts. A quick calculation before you sell shows the real figure.
Q2What is the capital gains tax annual exempt amount?
The annual exempt amount is the part of your gains that is tax-free in a tax year. For 2026/27 it is £3,000 for an individual and £1,500 for most trustees. It is use-it-or-lose-it, so it cannot be carried forward. Couples each have their own, which is one reason that ownership between spouses and civil partners matters when you plan a disposal across two tax years.
Q3Do I have to pay capital gains tax when I give an asset to my child?
Possibly, yes. A gift to anyone other than a spouse, civil partner or charity is treated as a sale at market value, so you can have a taxable gain even though you receive no money. Business assets can sometimes be gifted with the gain held over, but a let property or an investment portfolio usually cannot. Work out the tax first, because the cash to pay it has to come from somewhere.
Q4What is the 60-day rule for capital gains tax on property?
If you are UK resident and sell UK residential property that produces a gain with tax to pay, you must report it and pay the tax within 60 days of completion. This is done through a separate Capital Gains Tax on UK property account, not just the tax return. Missing the deadline brings interest and penalties, so we diarise it the moment contracts exchange.
Q5Is my home exempt from capital gains tax?
Usually, but not always. Private residence relief covers the years you lived in a property as your only or main home, and always includes the final nine months of ownership. It can be reduced if part of the home was let or used for business, or if it was not your main home for some periods. Several homes need an election to choose the main one, and the time limit for it is short.
Q6Can I use my spouse's annual exempt amount and basic rate band?
Yes, by moving assets between you before a sale. Transfers between spouses or civil partners living together are made at no gain and no loss, so the receiving partner takes on the original cost. If one partner has lower income, shifting some ownership first can use their annual exempt amount and bring more of the gain into the 18% band. The gift must be genuine and unconditional.
Q7Can I offset losses against my gains?
Yes, if you claim them correctly. Losses in the same tax year are set against that year's gains first, even if that wastes your annual exempt amount. Unused losses carry forward and are then used only to reduce gains down to the annual exempt amount. You must report a loss to HMRC within four years of the end of the tax year, or it can be lost. Losses on sales to connected people are restricted.
Q8What happens to capital gains tax when someone dies?
The person who has died is not treated as selling their assets, and the executors acquire everything at its market value at the date of death. Any growth up to death is effectively wiped out for capital gains tax, although inheritance tax may apply. That is why holding an appreciated asset until death is sometimes better than gifting it in life, and why the two taxes are planned together.
Q9How is capital gains tax worked out on shares I bought at different times?
Shares of the same type in the same company are generally pooled, and the cost of each sale is a proportion of the pool. There are two special rules: shares sold and bought back on the same day are matched together, and shares bought within 30 days after a sale are matched to that sale. Those rules stop a sell-and-rebuy from creating an artificial loss, so check them before any portfolio tidy-up.
Q10Is Business Asset Disposal Relief still worth claiming?
It remains valuable for qualifying owners of trading businesses. The rate is 18% from 6 April 2026, up from 14% in 2025/26, on up to £1 million of lifetime gains, compared with 24% at the main higher rate. Conditions apply, including a two-year qualifying period and, for shares, at least a 5% holding. It must be claimed, within a set time limit, so it is not automatic.
Q11Can I reduce capital gains tax by making pension contributions or using an ISA?
Both help in different ways. Pension contributions can extend your basic rate band if you pay tax on gains, so more of a gain is taxed at 18% rather than 24%. An ISA shelters future growth, and you can move investments into one gradually using the annual allowance. Neither removes a gain you have already made on an existing sale, so timing matters.
Q12Do I pay capital gains tax if I live abroad?
It depends on your residence and the asset. A non-UK resident pays UK capital gains tax on UK land and property, and on shares in companies that mainly hold UK property, and must report these disposals within 60 days even when no tax is due. If you leave the UK for five years or less, gains on assets you owned before leaving can be taxed when you return.
Q13What counts as a capital gain on inherited property I later sell?
The gain is measured from the market value at the date of death, not from what the person who died paid. If the property has fallen in value since death, you may have a loss instead. You need a probate valuation or a reliable professional one. Report the sale within 60 days if it is UK residential property and tax is due, and keep the valuation evidence.
Q14Can I defer capital gains tax by reinvesting?
In limited cases. Reinvesting in qualifying shares under the Enterprise Investment Scheme can defer a gain, and some business asset disposals attract rollover relief when the proceeds are reinvested in qualifying assets. There is no general right to defer tax by buying another property or investment. The rules are conditional and the clock starts early, so ask before you sell, not after.
Q15How do I report a capital gain to HMRC?
Gains on most assets go on your Self Assessment tax return for the year of sale, with the tax due by 31 January after the end of that tax year. UK residential property has the additional 60-day report and payment. Keep dates, costs, valuation evidence and improvement receipts, because HMRC can ask for them years later and the computation is only as good as the records.
Q16How is capital gains tax on a family home transfer different from selling to a stranger?
A sale to a relative or other connected person is still taxed at the market value, not the price actually paid. So a discounted transfer to a child can leave you with a gain on the full value. It can also affect stamp duty land tax and inheritance tax. We look at all three taxes together before any property moves between family members.
Q17Should I take advice before I exchange contracts or after completion?
Before exchange, almost always. The date of disposal for capital gains tax is normally when contracts are exchanged, and by then the main planning choices, such as who owns the asset, whether to use a spouse's allowances, and which tax year to sell in, are largely fixed. Advice after completion is mainly about reporting and paying the right amount, not reducing it.
05 · Next step
Talk it through with Omar.
The first call is free. You'll speak to a Chartered Tax Adviser, and leave with a clear view of your options.
We reply the same working day.
