CGT Annual Exemption Planning: Use It or Lose It
How to maximise the £3,000 CGT annual exempt amount each year to minimise capital gains tax.
Quick Answer
The CGT annual exempt amount is just £3,000 for 2026-27 (down from £12,300 in 2022-23). It cannot be carried forward — use it or lose it. Effective planning means making disposals each year to use the exemption, transferring assets to a spouse (doubling the allowance to £6,000 per couple), bed-and-ISA transactions, and harvesting losses before year-end. With the allowance now so low, annual planning is more important than ever.
Why Annual Exemption Planning Matters Now More Than Ever
The annual exempt amount (AEA) has been slashed: £12,300 (2022-23) → £6,000 (2023-24) → £3,000 (2024-25 onwards). This means a couple who previously could shield £24,600 of gains per year tax-free can now only shield £6,000.
With the allowance so low, every £1 of gain above £3,000 is taxed at 18% or 24%. If you have investment portfolios with significant unrealised gains, failing to use the annual exemption each year means those gains accumulate and will be taxed at a higher rate when you eventually sell.
Strategies to Maximise the Annual Exemption
Key strategies include:
- Annual disposal: sell enough shares/assets each year to realise £3,000 of gain (then rebuy if desired — but beware the 30-day bed-and-breakfast rule)
- Bed-and-ISA: sell shares and immediately rebuy within an ISA — uses the exemption AND shields future growth from CGT
- Spouse transfer: gift assets to a spouse (tax-free) before selling — uses both annual exemptions (£6,000 per couple)
- Loss harvesting: sell loss-making assets to crystallise losses, then reinvest in different (non-identical) assets
- Timing across tax years: split large disposals across two tax years to use two annual exemptions
- Spread disposals: if you have multiple assets, sell some each year rather than all at once
The Bed-and-Breakfast Rule
If you sell shares to use your annual exemption and then immediately buy them back, beware the 'bed-and-breakfast' rule. If you repurchase the same shares within 30 days, HMRC matches the repurchase against the sale — effectively cancelling the disposal for CGT purposes.
To avoid this, you can: (1) wait 31 days before repurchasing, (2) buy different shares (e.g., a different fund tracking the same index), or (3) use a bed-and-ISA transaction (sell in a general account, buy in an ISA — the ISA purchase is not matched against the sale).
Relevant Legislation
Annual exempt amount: TCGA 1992 s.3 (set at £3,000 by FA 2024). Bed-and-breakfast rule: TCGA 1992 s.106A (30-day matching). Spouse transfers: TCGA 1992 s.58 (no gain/no loss on transfers between spouses).
Practical Example
A couple with a £50,000 unrealised gain in a share portfolio had not used their annual exemption for 3 years. We advised selling £6,000 of gain each year (using both spouses' £3,000 exemptions) and rebuying within ISAs (bed-and-ISA). Over 3 years, they sheltered £18,000 of gains tax-free and moved £30,000 into ISAs, shielding all future growth from CGT.
Common Mistake
Not using the annual exemption because 'the gain isn't big enough to bother'. Even a £3,000 gain saves £720 (at 24%) per year, per person — £1,440 per couple. Over 10 years, that's £14,400 of unnecessary CGT if the exemption isn't used. The exemption cannot be carried forward — once the tax year ends on 5 April, it's gone forever.
Frequently Asked Questions
Frequently Asked Questions
Detailed answers with legislation references, practical examples and common pitfalls.
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