gifting assets to children
gifting assets to children
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Discussion

Blackpuddin

Original Poster:

19,015 posts

228 months

Thursday 16th February 2012
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My mum is in her late 80s and fit as a fiddle but obviously isn't getting any younger. Looking to the future, she wants to 'do the right thing' by her three sons (me and my two elder brothers). Her only asset is her house. Am I right in thinking it would be advantageous from a taxation perspective for her to 'gift' the house to her sons now? Sorry if this sounds a bit calculating, I'm just not massively interested in seeing all that she's worked for going to HMRC or whoever.

TFP

202 posts

238 months

Thursday 16th February 2012
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How much is the house worth ?

Blackpuddin

Original Poster:

19,015 posts

228 months

Thursday 16th February 2012
quotequote all
No idea really but I guess somewhere between £100k and £150k.

TFP

202 posts

238 months

Thursday 16th February 2012
quotequote all
And what other assets does she have ? Because at that level, she doesn't appear likely to have much of an IHT problem.

Blackpuddin

Original Poster:

19,015 posts

228 months

Thursday 16th February 2012
quotequote all
None that I'm aware of. If death duties or inheritance tax don't kick in at her level then that's great news and I can stop worrying about it. Feels vaguely wrong to be even thinking about it tbh.

Magic919

14,176 posts

224 months

Thursday 16th February 2012
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It wouldn't be a gift if she carried on living there. She would need to start paying rent to the sons. Unless her estate exceeds £325k then don't do it.

996c2

470 posts

188 months

Thursday 16th February 2012
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How much is the house worth? Inheritance tax is only payable if it's over £325,000.

Where would your mother live if she gifted her children her home? If she continued to live there rent free (gift with strings) HMRC will still want the inheritance tax when she is gone.

Blackpuddin

Original Poster:

19,015 posts

228 months

Thursday 16th February 2012
quotequote all
Magic919 said:
It wouldn't be a gift if she carried on living there. She would need to start paying rent to the sons.
Really? How odd.

Magic919

14,176 posts

224 months

Thursday 16th February 2012
quotequote all
Only odd to you. Look up gift with reservation. How easy do you expect the Revenue to make it?

Blackpuddin

Original Poster:

19,015 posts

228 months

Thursday 16th February 2012
quotequote all
Magic919 said:
Only odd to you. Look up gift with reservation. How easy do you expect the Revenue to make it?
No sorry, I get what you mean, it's just the idea of mum paying rent to her sons that is odd.
Thanks to all for the advice, there is no way her estate will be worth £325k so I'll file this one away and just look forward to her continuing to live a long and happy life. Her mum was still wearing high heels at age 100 so she's got the genes.

sumo69

2,164 posts

243 months

Thursday 16th February 2012
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A small point to note:

In addition to her house and any other assets, any gifts made in the 7 years prior to death may also be included when looking at the £325k nil rate band.

David

Blackpuddin

Original Poster:

19,015 posts

228 months

Friday 17th February 2012
quotequote all
sumo69 said:
A small point to note:

In addition to her house and any other assets, any gifts made in the 7 years prior to death may also be included when looking at the £325k nil rate band.

David
Yes I think we're still clear on that ha ha, thanks David

paulrockliffe

16,384 posts

250 months

Saturday 18th February 2012
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The issue you want to consider is what happens to her assets if she has to move into a care home?

Druid

1,312 posts

204 months

Saturday 18th February 2012
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paulrockliffe said:
The issue you want to consider is what happens to her assets if she has to move into a care home?
Very good point.

And, believe it or not, a lot of what happens depends on how nicely you and your siblings play together!

blade7

11,311 posts

239 months

Saturday 18th February 2012
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If the mother gifts the property and then dies within 7 years who would have the tax liability her estate or the sons ?.

F458

1,009 posts

192 months

Saturday 18th February 2012
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Buy a decent number plate and stick it on a car and gift the car to the kids.