I am about to realise a capital gain (chargeable at 40%) and am investigating the option of investing in EIS to qualify for CGT deferral relief.
So what happens if I invest £9,000 of capital gain in an EIS. After three years I gift the share to my wife. One year later she sells the shares. At this point, the deferred gain is crystalised (or 'is brought back into charge').
Two questions:
1) Can the £9,000 'crystalised' capital gain be offset by the annual CGT allowance (relating to the year the shares were sold)?
2) Who pays the tax, my wife (at 22%) or me (at 40%)?
I've attached a summary of what seems to be the relevant details from HMRC which leave me none the wiser.
http://www.hmrc.gov.uk/manuals/vcmmanual/VCM38200.htm
"The deferred gain will be brought back into charge when there is a chargeable event. One event is the disposal of the EIS eligible shares by a person who acquired them on a no gain/no loss transfer from their spouse, the original investor. This does not apply to a no gain/no loss disposal back to the same spouse".
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