giving away money
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Discussion

markcoznottz

Original Poster:

7,155 posts

254 months

Saturday 22nd March 2008
quotequote all
my grandad, has good amount in bank, retired professional etc etc, says that you can only 'give away' £3000 a year maybe slightly more if its a wedding exspense but you need receipts. I dont disagree with him but dont like broaching the subject of money with my family. My question is how on earth would anyone (bank, hmrc, gov?) know how much a private individual could withdraw out of his own funds?. I know legislation was introduced so that the banks alerted the authorities if large deposits or withdrawals of cash were noticed to stop criminals benefiting from thier trade, but surely if its your own taxed money its noones business?. what if i wanted to buy a £40,000 car? surely my grandad could ask to withdraw that amount,and buy the car for me , if he gave enough notice to the bank.

Or maybe im going off thread at that, as such a scenario is simply him buying on my behalf. if its a private sale and not from a dealer, then the only indication of said act occuring is a hole in his finances?. would an accountant question this on his death?

Eric Mc

125,794 posts

295 months

Saturday 22nd March 2008
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Parasite smile

Your grandad can give you as much as he likes - with no direct tax implications at all. The key is that he must stay alive for seven years after he has given you the money. If he dies within seven years, the gift he gave you is counted as still being part of the value of his estate for Inheritance Tax Purposes.

Once the seven years have elapsed, it is deemed to be no longer part of his estate and it will be ignored when valuing the estate at the date of his death.

Annual gifts of up to £3,000 are also allowed. If no gift was made last year, then last year's unused amount of £3,000 can be gifted as well, bringing the maximum excluded gift to £6,000.

A further £5,000 can be given away to a son or daughter in consideration of marriage. Grandparents can gift £2,500 and non-relatives £1,000.

Note that gifts above these amounts will not be taxed in any way, unless the person making the gift dies within the magic seven year period - when the amounts gifted will be added into the overall estate of the deceased when valuing it for Inheritance Tax Purposes.



Edited by Eric Mc on Saturday 22 March 12:17

singlecoil

35,836 posts

276 months

Saturday 22nd March 2008
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Isn't there also something about if he has to be providied with full time care at the local council's expense?

Eric Mc

125,794 posts

295 months

Saturday 22nd March 2008
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There are other considerations outside of taxation - including purposely impoverishing yourself so tyhat you become state dependent in old age.

leeb

1,074 posts

273 months

Saturday 22nd March 2008
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how the hell do they get away with justifying inheritance tax? if im not wrong, its taxed when you earn it, then when you spend it, and then when you die?

HMCE + uk Government = dirty, jumped up, useless pikeys!!!! (imo of course) mad

Eric Mc

125,794 posts

295 months

Saturday 22nd March 2008
quotequote all
HMCE doesn't exist anymore

Inheritance tax is about 100 years old (in its original form)

Taxing the same money more than once occurs throughout the tax system - not just with inheritance tax

srebbe64

13,021 posts

267 months

Saturday 22nd March 2008
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I think I'm correct that it's not a straight 7 year line. For example, if he dies after 6 years then there will be some Tax to pay, but not too much.

cannedheat

953 posts

305 months

Sunday 23rd March 2008
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say a gift was made 6 years before someone died for £15k...how would HMRC know? can/do they look through statements or is it down to the individual to declare it?

Eric Mc

125,794 posts

295 months

Sunday 23rd March 2008
quotequote all
I wasn't aware of any sliding scale of tax for gifts between 6 and 7 years of death.

Inheritance Tax is another Self Assessed form of tax - the legal obligation is on the tax payer to declare the correct amount and surrounding circumstances. However, as the taxpayer is usually deceased it falls on the executor (often a solicitor) who will be required by both tax and money laundering (not to mention professional) regulations to complete any returns correctly and make all the necessary declarations.

honestbob

316 posts

264 months

Sunday 23rd March 2008
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I know of a lottery winner who split his win with his family six ways. He was in his seventies.

Correct guess. He didn't make seven years and some of them had spent most of their money.

Eric Mc

125,794 posts

295 months

Sunday 23rd March 2008
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There may be trouble ahead.

dcw@pr

3,516 posts

273 months

Monday 24th March 2008
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srebbe64 said:
I think I'm correct that it's not a straight 7 year line. For example, if he dies after 6 years then there will be some Tax to pay, but not too much.
yes, it goes down 20% per year

i.e.

if the giftor dies after 0-3 years, then 100% of the gift is taxable,

between 3-4 years 80%
4-5 60%
5-6 40%
6-7 20%
7+ 0%

http://www.hydepark-ifa.co.uk/iht.htm

Ungarsee

374 posts

249 months

Monday 24th March 2008
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Never underestimate what these guys can find out. I have heard a story of an old boy giving his family a painting which was worth a good few quid to get it outside of his estate. The family hung it in their dining room and the old boy, as he had done for many years, would come round every Sunday for lunch. When he died (more than 7 years after gifting it), the tax people saw that although the old boy had given the painting away, he had still 'enjoyed' its use and included it in the IHT calculation.

It's the same with property. If my mum owned a 2nd property and she gave it to me to get it outside her estate BUT then continued to visit it every year for a holiday she would still be seen as receiving a benefit from it. If on the other hand I charged her market rate rent for the time she stayed in it then that would be fine.

There are other ways to get money out of your estate sharpish though. If someone is already comfortably off but then inherits a large chunk of money / property/ valuables etc that they have no need for and do not want them in their own estate they can get a solicitor to, in effect, amend the will so that someone else is the beneficiary (there is an official name but I can't remember it)e.g. their kids. This means it completely bypasses the official beneficiary and is never seen as part of their estate.

groucho

12,134 posts

276 months

Monday 24th March 2008
quotequote all
honestbob said:
I know of a lottery winner who split his win with his family six ways. He was in his seventies.

Correct guess. He didn't make seven years and some of them had spent most of their money.
Eric Mc said:
There may be trouble ahead.
That just seems so wrong.

Simpo Two

92,990 posts

295 months

Monday 24th March 2008
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Eric Mc said:
HMCE doesn't exist anymore
Yep, now HMRC.

Except that when I did my last VAT return, the Return said make cheques payable to HMRC; the inside of the envelope said HMCE. Doh. Apparently either will do, at least for the moment.

Eric Mc

125,794 posts

295 months

Monday 24th March 2008
quotequote all
The old terms HMCR and Inland RTevenue are still in use - and probably will be for a while to come. The VAT returns still talk about Customs and Excise. I expect they must have printed millions of the things years ago and will only change the wording at the next print run.

Tiggsy

10,261 posts

282 months

Monday 24th March 2008
quotequote all
on a gift of £40k there will be no sliding scale - the value of gifts made in the last 7 years is FIRST taken off the nil band of the dead person - so if grandad ONLY gave £40k and dies in 2010 with a Nil Band of £350k then his nil band covers the gift and leaves £210k to offset against the rest of the estate (so no tax on the £40k and so nothing to slide) ..... if he gave away £600k then the £350k would still leave £250k of the GIFT to tax (and to slide)...it also leaves ZERO nil band for the rest of the estate.

in summary.....small gifts, no scale.


ps - the romans had death duties so hardly a modern issue.

SystemParanoia

14,343 posts

228 months

Tuesday 25th March 2008
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cant the person just withdraw the cash, and then just say they "lost" it ?

Eric Mc

125,794 posts

295 months

Tuesday 25th March 2008
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Simple word - fraud.

sgrimshaw

7,587 posts

280 months

Tuesday 25th March 2008
quotequote all
If Grandad draws out cash, and doesn't record what he does with it, how the hell would an executor (or the Revenue) know about it.

An executor can (and should) ask family members, they "might" own up (big "might" if it was cash) - there is no way to know about friends etc.