# Income Tax (Trading and Other Income) Act 2005, Section 626: Exception for outright gifts between spouses or civil partners

Extent: E+W+S+N.I.

(1) The rule in section 624(1) does not apply in respect of an outright gift—
(a) of property from which income arises,
(b) made by one spouse to the other or one civil partner to the other , and
(c) meeting conditions A and B.
(2) Condition A is that the gift carries a right to the whole of the income.
(3) Condition B is that the property is not wholly or substantially a right to income.
(4) A gift is not an outright gift for the purposes of this section if—
(a) it is subject to conditions, or
(b) there are any circumstances in which the property, or any related property—
(i) is payable to the giver,
(ii) is applicable for the benefit of the giver, or
(iii) will, or may become, so payable or applicable.
(5) “Related property” has the same meaning in this section as in section 625.

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Source: https://www.legislation.gov.uk/ukpga/2005/5/section/626 (the official version)
Page: https://openlegislation.uk/income-tax-trading-and-other-income-act-2005/section-626
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.