Gift Hold-Over Relief Calculator

Calculate hold-over relief when gifting business assets or shares in trading companies. Defer CGT until the recipient sells the asset.

Hold-Over Relief on Business Asset Gifts

Frequently Asked Questions

What is gift hold-over relief?

Hold-over relief (under s165 and s260 TCGA 1992) allows you to gift business assets without paying CGT immediately. The gain is 'held over' — the recipient takes your original cost as their base cost.

What assets qualify for s165 hold-over relief?

Assets used in a trade, business assets of a sole trader or partnership, shares in an unquoted company or your personal trading company (5%+ voting rights), and some agricultural property.

What is s260 hold-over relief?

Section 260 applies to gifts that are Chargeable Lifetime Transfers for IHT purposes — mainly gifts into most types of trust. It applies to any asset, not just business assets.

Does the donee pay more CGT later?

Yes. Hold-over relief defers CGT — it doesn't eliminate it. The donee inherits the donor's original cost basis, so their future gain (when they sell) is larger.

How do I claim hold-over relief?

Both donor and recipient must make a joint election using HMRC Form HS295 (relief for gifts and similar transactions). The election must be made within 4 years of the end of the relevant tax year.

Can I gift shares to my children using hold-over relief?

Only if the shares are in your personal trading company (you own at least 5% voting rights) under s165, or into a trust (s260). Direct gifts of quoted shares to children don't qualify for hold-over.

What happens if the donee is non-UK resident?

Hold-over relief is restricted if the donee is not UK resident at the time of the gift, as HMRC may not be able to collect the deferred tax. Special rules apply.

Is there a restriction for non-business use?

Yes. If only part of the asset is used for business, the hold-over relief is proportionate. The gain attributable to non-business use is not held over.

Does hold-over relief affect Inheritance Tax?

Hold-over relief and IHT are separate. Gifts into trust may trigger IHT as Chargeable Lifetime Transfers, though BPR or APR may reduce the IHT charge.

What if the recipient sells shortly after receiving the gift?

There's no minimum holding period for hold-over relief. If the donee sells immediately, they will crystallise the full deferred gain plus any further growth.

Can partnerships claim hold-over relief?

Partnership assets used in the trade qualify for s165 hold-over relief. Each partner's share of the gain can be held over if a qualifying disposal is made.

What is 'latent gain' in the context of business sales?

Latent gain is the deferred CGT embedded in an asset received via hold-over relief. Sophisticated buyers may negotiate a discount for assets with large latent gains.