Tax Implications/Legality of this
Discussion
Scenario
Person A is unable due to complex personal circumstances purchase an asset themselves
Person A has £300k in cash
Person B is a family member
Person A Gifts Person B the £300k
Person B buys an income generating asset outright and pays the applicable tax on that income
Person B gifts the net income figure to person A on a monthly basis
I assume this is perfectly legal?
Does the gift of the taxed income from person B get classed as income for person A and therefore get taxed again?
Thanks
Non Mouse
Person A is unable due to complex personal circumstances purchase an asset themselves
Person A has £300k in cash
Person B is a family member
Person A Gifts Person B the £300k
Person B buys an income generating asset outright and pays the applicable tax on that income
Person B gifts the net income figure to person A on a monthly basis
I assume this is perfectly legal?
Does the gift of the taxed income from person B get classed as income for person A and therefore get taxed again?
Thanks
Non Mouse
ANonMouse said:
Scenario
Person A is unable due to complex personal circumstances purchase an asset themselves
Person A has £300k in cash
Person B is a family member
Person A Gifts Person B the £300k
Person B buys an income generating asset outright and pays the applicable tax on that income
Person B gifts the net income figure to person A on a monthly basis
I assume this is perfectly legal?
Does the gift of the taxed income from person B get classed as income for person A and therefore get taxed again?
Thanks
Non Mouse
Persons A and B must ask themselves "Why?" and then have some good answers ready in case HMRC or a court asks them the same question. The arrangement sounds legal but also designed to avoid an obligation or liability. An hour with a tax solicitor would be money well spent.Person A is unable due to complex personal circumstances purchase an asset themselves
Person A has £300k in cash
Person B is a family member
Person A Gifts Person B the £300k
Person B buys an income generating asset outright and pays the applicable tax on that income
Person B gifts the net income figure to person A on a monthly basis
I assume this is perfectly legal?
Does the gift of the taxed income from person B get classed as income for person A and therefore get taxed again?
Thanks
Non Mouse
IHT is a major issue as well, for both parties.
In your example the monthly gifted amount would not be liable to income tax twice, if it was an actual documented loan.
Person B could loan the money to Person A, charging interest of whatever the asset makes each month. Person A makes no money as interest is deductible (they will still need to declare it through self assessment though).
This will let Person B deal with the tax liability.
I am not in anyway shape of form qualified to give financial advice, so talk to someone who knows tax law!
This will let Person B deal with the tax liability.
I am not in anyway shape of form qualified to give financial advice, so talk to someone who knows tax law!
My guess is A is a higher rate tax payer and B currently pays no or little tax.
So it's essentially tax evasion and I bet HMRC would deem it as such, especially if there is some formal agreement in place. They have no pro-active way of finding out though mind.
For that A also risks £300,000 as B could decide to keep it and the rent.
Tangled web and all that ....
So it's essentially tax evasion and I bet HMRC would deem it as such, especially if there is some formal agreement in place. They have no pro-active way of finding out though mind.
For that A also risks £300,000 as B could decide to keep it and the rent.
Tangled web and all that ....
PurpleMoonlight said:
My guess is A is a higher rate tax payer and B currently pays no or little tax.
So it's essentially tax evasion and I bet HMRC would deem it as such, especially if there is some formal agreement in place. They have no pro-active way of finding out though mind.
For that A also risks £300,000 as B could decide to keep it and the rent.
Tangled web and all that ....
Yes - and HMRC does have what is referred to as "Anti-Settlements" legislation which tries to prevent people concocting transfers of capital from one person to another to try and mitigate one or both of the individuals' tax bills.So it's essentially tax evasion and I bet HMRC would deem it as such, especially if there is some formal agreement in place. They have no pro-active way of finding out though mind.
For that A also risks £300,000 as B could decide to keep it and the rent.
Tangled web and all that ....
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