Could SDLT and CGT be attracted on gifting of second home from husband to wife on property part owned by brother?

[jsm]

My brother and I own a second home in equal shares as tenants in common.
There is no mortgage nor any outstanding charges.

I am considering a gift of half of my share to my wife, with my brother’s share remaining the same.
So ownership as tenants in common would become:
brother: 50%
me: 25%
wife: 25%

The market value of the property will have increased since it was acquired by my brother and I. For simplicity please assume that the net gain after deduction of allowable costs would be £100,000.

Although SDLT and CGT would not apply if I owned the property outright, since my brother owns a 50% share would SDLT or CGT apply even though my brother’s share of the property remained the same?

[AGoodman]

No.

For CGT it is no gain/no loss - so your wife receives the share with your original base cost.
There is no SDLT as there is no consideration (payment).