I3.734 Pre-owned assets tax (POAT)—excluded transactions
Some transactions where the disposal1 or contribution conditions2 would otherwise be met are excluded transactions in relation to the charge on land or chattels3. There are no excluded transactions in relation to settled intangible property4. For exemptions which apply to all three heads of charge see I3.735–I3.739A. Some transactions may cease to be excluded transactions at a later date – see below.
Excluded transactions common to the disposal and contribution conditions
Transfer to spouse
Property transferred to a spouse (or, where the transfer has been ordered by a court, to a former spouse) is an excluded transaction5. There is no requirement that the spouse must retain the property, so an inter-spouse disposal remains an excluded transaction in relation to the original donor even if it is followed by an onward disposal to a third party. There is also no requirement that the spouse is UK domiciled6 (to 5 April 2025) or long-term UK resident (6 April 2025 onwards).
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