41 Separated spouses and civil partners
Finance (No 2) Act 2023 (2023 c 30) | Legislation

41  Separated spouses and civil partners

(1)     TCGA 1992 is amended in accordance with subsections (2) to (5).

(2)     In Part 3 (individuals, partnerships, trusts and collective investment schemes), in Chapter 1 (miscellaneous provisions), in section 58 (spouses and civil partnerships), for subsection (1) substitute—

“(1A)     If an individual (“A”) disposes of an asset to another individual (“B”) in circumstances where any of subsections (1B) to (1D) applies, A and B are to be treated as if B acquired the asset from A for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to A.

(1B)     This subsection applies where the disposal is made while A and B—

(a)     are married to, or are civil partners of, each other, and

(b)     are living together.

(1C)     This subsection applies where the disposal is made—

(a)     while A and

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