Did I just make this up - gifting part of your home?
Did I just make this up - gifting part of your home?
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Discussion

rfisher

Original Poster:

5,063 posts

312 months

Friday 22nd July 2022
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I believe that it's possible to gift part of your primary residence and then live in the remaining part.

However, I can't find anything on the [Yank]innerned[/Yank] to verify this.

It may be a way to avoid IHT or even CGT liability when passing your home on to children.

Anyone know if it's a thing, or have I just invented it?

DaveA8

749 posts

110 months

Friday 22nd July 2022
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In theory possible but you need proper advice and stick rigidly to it.
My neighbour set a scheme up but was always someone who wanted something for nothing and thought upon her death HMRC would just rubber stamp it.
I know from one of her children that HMRC opened an enquiry weeks after they put in figures.
I don’t know the ins and outs but she thought she could live in the house and pay rent on paper but not bother to actually do it.
They retained a solicitor who retained a Barrister who gave them the bad news.

Carbon Sasquatch

5,221 posts

93 months

Saturday 23rd July 2022
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It won't work - google 'gift with reservation of benefit' - basically if you carry on living there, it doesn't;t count as a gift.

There are other factors to consider when gifting your home to your kids - such as, what if they get married & divorced - their ex-partner now owns part of your home - or they lose the equivalent amount in a settlement....

g40steve

1,236 posts

191 months

Saturday 23rd July 2022
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Correct me if wrong,
I thought you need professional advice & you can live in the property after gifting but have to pay market rates rent to the new owner?

You cannot gift the property & live rent free there basically.

Carbon Sasquatch

5,221 posts

93 months

Saturday 23rd July 2022
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Yes, if you pay market rate rent, subject to regular review - and the recipient of said gift declares the income then you will likely be OK.

However, they will no longer a first time buyer & subject to second home stamp duty and more complex mortgage applications on their own property purchases etc.

It's not impossible, but far from straight forward.

CharlesElliott

2,260 posts

311 months

Saturday 23rd July 2022
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Like most things tax related. If you are *really* trying to give away part of your home, with everything that entails in the real world, then it is OK. If you are trying to reduce assets, it doesn't.