Can you use your child's annual CGT exemption?

Unlike income tax, the Capital Gains Tax rules don't have any anti avoidance rules that treat capital gains that arise to your children as yours (when they derive from your assets). Therefore this means that you could split ownership of assets or transfer ownership to your children to reduce the capital gains tax charged on a future disposal. Not only would the annual CGT exemption be available, but also potentially Entrepreneurs Relief if the assets transferred were business assets. You'd need to ensure that the ownership was structured as such from the beginning, as otherwise a transfer to your children would crystallise the capital gain arising to date. Usually people who are considering this would use a bare trust or nominee agreement with the parent retaining the legal interest in the asset, but the child having full beneficial entitlement. Note that this is more beneficial than using a trust as there are specific anti avoidance rules that apply to trusts to attribute capital gains to adult settlors in many cases.

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