Car inheritance
Author
Discussion

titiany

Original Poster:

2,122 posts

261 months

Thursday 12th May 2005
quotequote all
Right - most are aware by now that my father is to pop his clogs soon. Not the issue here, though.

He currently has a yr2000 (i think) SLK 320.

Simple question: if he were to sell the car to me, now, for a pathetic sum of money, is it traceable by the inland revenue when he passes?

Could he sell it to me for £1, for instance, and technically not have a car as part of his estate?

A crude question, but these things have to be addressed, and my father is particularly keen to avoid Gordon Brown as much as possible!

vixpy1

42,699 posts

293 months

Thursday 12th May 2005
quotequote all
The car will still form part of his estate and be taxable for the full value..

I think.

alexkp

16,484 posts

273 months

Thursday 12th May 2005
quotequote all
I understand your situation - I have had to deal with this before.

How much is the car worth?

Generally, if it is not too much the IR are unlikely to bother if the rest of the estate is being hit for inheritance tax.

IIRC, selling items of for nominal sums is not really given much credence these days.

alexkp

16,484 posts

273 months

Thursday 12th May 2005
quotequote all
Probably the quickest thing for him to do would be sell the car for cash, and give you the cash.

titiany

Original Poster:

2,122 posts

261 months

Thursday 12th May 2005
quotequote all
anonymous said:
[redacted]


You tell me!

Not a great deal I guess - low milage and mint - no idea!

titiany

Original Poster:

2,122 posts

261 months

Thursday 12th May 2005
quotequote all
vixpy1 said:
The car will still form part of his estate and be taxable for the full value..

I think.


But how would they know?

Fer

7,773 posts

309 months

Thursday 12th May 2005
quotequote all
anonymous said:
[redacted]


Could he sell the car to a third party, who then sells it to you? (Yes, I know that would increase the number of owners on the log book potentially, but might be a work around, esp if that person could be prepared to sell at a loss.)

vixpy1

42,699 posts

293 months

Thursday 12th May 2005
quotequote all
titiany said:

vixpy1 said:
The car will still form part of his estate and be taxable for the full value..

I think.



But how would they know?


Because it is supposed to be declared.

Size Nine Elm

5,167 posts

313 months

Thursday 12th May 2005
quotequote all
titiany said:
Right - most are aware by now that my father is to pop his clogs soon. Not the issue here, though.

He currently has a yr2000 (i think) SLK 320.

Simple question: if he were to sell the car to me, now, for a pathetic sum of money, is it traceable by the inland revenue when he passes?

Could he sell it to me for £1, for instance, and technically not have a car as part of his estate?

A crude question, but these things have to be addressed, and my father is particularly keen to avoid Gordon Brown as much as possible!

I think you're unlikely to find any such loophole - legally. Selling items below market value is equivalent to a gift, and such gifts come under the 7-year IHT rule.

If you're happy that you might come unstuck if an inheritance were to be investigated, it might be highly unlikely that anything would come to light.

BliarOut

72,863 posts

268 months

Thursday 12th May 2005
quotequote all
Buy it from him at a low market value for cash. He then gives you the cash back which you spread back into different bank accounts over a period of time.

pdV6

16,442 posts

290 months

Thursday 12th May 2005
quotequote all
Unfortunately all the ideas mooted here are illegal.
That's not to say they wouldn't work, though... it just depends on how closely the Inland Revenue look at your case.

BliarOut

72,863 posts

268 months

Thursday 12th May 2005
quotequote all
pdV6 said:
Unfortunately all the ideas mooted here are illegal.
That's not to say they wouldn't work, though... it just depends on how closely the Inland Revenue look at your case.

They're only illegal if you get caught

Every penny of tax saved is a penny less for Labour to piss up the wall.

PhillVR6

3,785 posts

289 months

Thursday 12th May 2005
quotequote all
titiany said:

anonymous said:
[redacted]



You tell me!

Not a great deal I guess - low milage and mint - no idea!


about £15k.

minornut

1,049 posts

266 months

Thursday 12th May 2005
quotequote all
Is your mother still alive?

My father passed away on Good Friday and everything including his car went to my mother (a good job too as I wrote hers off the following Tuesday) - no IHT applicable between spouses AFAIK.

Your mother could then give the car to you after the necessary paperwork has been completed with the DVLA etc

simpo two

92,708 posts

294 months

Thursday 12th May 2005
quotequote all
My uncle died last year and left his car to one of his daughters. It was in his will as one of the bequests, simple as that.

The only minor complication arose afterwards as until probate is granted the car techincally belongs to the Estate and so the names for insurance are the Executors (of whom the beneficiary was one), but it all worked out OK.

IIRC beneficiaries don't pay tax on bequests, it's the Estate that pays the IHT.

>> Edited by simpo two on Thursday 12th May 11:13

maxf

8,443 posts

270 months

Thursday 12th May 2005
quotequote all
Could he trade it in for a car you want and put the new car in your name? Might be no benefit but does add an extra level for the taxman to get through.

titiany

Original Poster:

2,122 posts

261 months

Thursday 12th May 2005
quotequote all
Size Nine Elm said:

I think you're unlikely to find any such loophole - legally. Selling items below market value is equivalent to a gift, and such gifts come under the 7-year IHT rule.


Ah, I see.

I've got a lot to learn!

Well I don't really fancy breaking the law, but at the same time it all seems a bit harsh!

_topcat

1,938 posts

278 months

Thursday 12th May 2005
quotequote all
Why not just put the car in your name. he will no longer own it, therefore not part of his estate. Please point out what i may have missed. cant see a problem with this.

pdV6

16,442 posts

290 months

Thursday 12th May 2005
quotequote all
_topcat said:
Why not just put the car in your name. he will no longer own it, therefore not part of his estate. Please point out what i may have missed. cant see a problem with this.



It then becomes a gift and is therefore subject to tax as part of the estate for the next 7 years. As the father is not expected to last this long , it gains nothing.

{edited to add:} And in any case, the name on the V5 is the "registered keeper", not the "owner"...
{edited again to add:} as BR points out on the next page!

>> Edited by pdV6 on Thursday 12th May 11:22

>> Edited by pdV6 on Thursday 12th May 11:23

Mr Whippy

32,453 posts

270 months

Thursday 12th May 2005
quotequote all
Inland revenue scum...

Bloody hell, I'd break this law to keep them tw*ts from taxing me when I'm bloody dead!

Surely you can sell the car on ebay or similar, put up no reserve, no pictures, a dodgy description, and say a day to run.
Try work it so no one bids for it except whoever. Do the deal for like £10, and legally it's yours!

Cheers

Dave