VCM26050 - EIS: income tax relief: transfers between spouses or civil partners

ICTA/S304; ITA/S209 (4); ITA/S245

No relief is withdrawn where one spouse or civil partner disposes of shares to which relief is attributable to the other at a time when they are living together. Following such a disposal, for the purposes of any subsequent disposal or other event, the shares are treated as if they had always been owned by the spouse or civil partner to whom they have been transferred.

Where shares issued to an individual have been transferred to the spouse or civil partner and relief subsequently falls to be withdrawn for any reason, the assessment withdrawing relief should therefore be made on the transferee and not the transferor, even though they are not the person who originally claimed the relief.