Gifting money.
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Discussion

anonymous-user

Original Poster:

84 months

Sunday 4th September 2016
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I am considering 'giving' my other half (we are not married) some money to buy premium bonds as I'm at limit.

Is there any tax implication in doing so or should I consider another route such as an interest free loan if I can legally do such a thing.

Thanks.

Eric Mc

125,730 posts

295 months

Sunday 4th September 2016
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How much?

anonymous-user

Original Poster:

84 months

Sunday 4th September 2016
quotequote all
Eric Mc said:
How much?
Hi Eric - I was thinking the full allowance (£50k) but have a feeling from your question that may be an issue!

PurpleMoonlight

22,362 posts

187 months

Sunday 4th September 2016
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If you do it as a gift and she buggers off the day after waive goodbye to your £50,000.

If you gift and die within 7 years, part of the gift will be included in your estate for IHT purposes.

Eric Mc

125,730 posts

295 months

Sunday 4th September 2016
quotequote all
You can gift out of your estate £3,000 every year without any fear of tax issues. If you didn't make such a gift last year, you could gift £6,000 this year (i.e. last year's and this year's allowances combined).

You can gift whatever you like out of your normal annual income. Unless you have a very high annual income, £50,000 would be a bit high to make such a claim.

You can gift £50,000 with no tax implication BUT you would have to make sure you don't die within seven years of the date of the gift. If you did, the value of the gift would be added back to the overall value of your estate at the date of death and therefore would be taken into the calculation of the Inheritance Tax (other things being considered).

Gifts between spouses are ignored completely for Inheritance Tax purposes - so getting married would remove any issues.

Finally, the gift must always be a genuine gift i.e. with no strings attached. The legal term for a "gift" where the giver retains some rights to the asset that has been gifted is "gift with reservation of title" and is not looked on as a true gift for legal or tax purposes.


steveo3002

11,212 posts

204 months

Sunday 4th September 2016
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does the person receiving the gifted money have to prove anything ? as its not money from a cash in hand job /drug dealing /dodgy stuff what stops the tax man wanting some thinking its earnings

Eric Mc

125,730 posts

295 months

Sunday 4th September 2016
quotequote all
steveo3002 said:
does the person receiving the gifted money have to prove anything ? as its not money from a cash in hand job /drug dealing /dodgy stuff what stops the tax man wanting some thinking its earnings
If HMRC asked where the money came from, then the recipient would have to prove that it is a gift. That shouldn't be too hard, in reality.

anonymous-user

Original Poster:

84 months

Sunday 4th September 2016
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Many thanks Eric and others.

Ozzie Osmond

21,189 posts

276 months

Sunday 4th September 2016
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£50,000 risk for less than 1% return? You gotta be joking.

OzOs

markcoznottz

7,155 posts

254 months

Tuesday 6th September 2016
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I can see a thread in a years time......my partners left me and took my ££££££

EViS

408 posts

193 months

Wednesday 7th September 2016
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steveo3002 said:
does the person receiving the gifted money have to prove anything ? as its not money from a cash in hand job /drug dealing /dodgy stuff what stops the tax man wanting some thinking its earnings
I thought the going rate was $5?

anonymous-user

Original Poster:

84 months

Wednesday 7th September 2016
quotequote all
EViS said:
steveo3002 said:
does the person receiving the gifted money have to prove anything ? as its not money from a cash in hand job /drug dealing /dodgy stuff what stops the tax man wanting some thinking its earnings
I thought the going rate was $5?
You'll have to ask a certain Mr Vaz.

oop north

1,712 posts

158 months

Wednesday 7th September 2016
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Eric Mc said:
You can gift £50,000 with no tax implication BUT you would have to make sure you don't die within seven years of the date of the gift. If you did, the value of the gift would be added back to the overall value of your estate at the date of death and therefore would be taken into the calculation of the Inheritance Tax (other things being considered).
This slightly grates with me - to achieve the maximum benefit in avoiding inheritance tax you do need to survive seven years, yes: but I know people who because of statements like this don't do anything at all. As it's 27 years since I did my last tax exam I cannot remember what benefit you get if you die within seven years (it's something like no saving if you die within three years and it then tapers after that) - but you get no benefit if you don't transfer it. If you do the gift and then die after six years you will have saved a fair bit of the inheritance tax. It's not seven years or nothing

oop north

1,712 posts

158 months

Wednesday 7th September 2016
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Ozzie Osmond

21,189 posts

276 months

Thursday 8th September 2016
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For what it's worth Inheritance Tax (or at least its predecessor) used to have "Lifetime Rates" as well as "Death Rates". Yes, tax was charged on large gifts made whether you're alive or dead.

With UK government needing to find more tax revenue and the public's enthusiasm to soak the rich this is something to bear in mind when making long term plans.