CGT on a gifted property?

CGT on a gifted property?

10:04 AM, 12th October 2022, About 2 years ago 6

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Hi, I am in the process of looking into my dad gifting his house to me and wanted some advice on the info below if possible?

1. Would my dad have to pay any capital gains tax if he gifted me the property?
2. Any restrictions for me selling or refinancing the property in the future if my dad has gifted the property to me?

House background info:

• The house is mortgage free and worth around £150,000 – £200,000 it’s not been valued just going off prices sold recently on the same road.

• My Dad hasn’t lived in that house for over 10 years, he lives with his long term partner at her house.

• This is the only house he has ever bought.

• My son is currently living at this property which is his grandson.

Many thanks,
William


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Comments

Olls63

14:34 PM, 12th October 2022, About 2 years ago

Not really enopugh information.
Does your son pay his grandad rent?
Is there a formal tenancy agreement?
Does your father's partner own her home?
Your father would be looking to qualify for private residence relief on his home, but this may not apply since he moved out, and your son moved in.
What may be of more concern is how the gift would be seen by social sevices, should he need care in the future. It may be seen as a deliberate deprivation of assets.

Olls63

14:34 PM, 12th October 2022, About 2 years ago

Not really enopugh information.
Does your son pay his grandad rent?
Is there a formal tenancy agreement?
Does your father's partner own her home?
Your father would be looking to qualify for private residence relief on his home, but this may not apply since he moved out, and your son moved in.
What may be of more concern is how the gift would be seen by social sevices, should he need care in the future. It may be seen as a deliberate deprivation of assets.

Simon Lever - Chartered Accountant helping clients get the best returns from their properties

18:42 PM, 12th October 2022, About 2 years ago

Speak to your accountant for advice on this as it is specific to your situation. If you do not have one then there are quite a few on this site who can advise you.
The cost will more than pay for itself in peace of mind and saving tax if you get it wrong.
In general, and this is not advice:
• A gift of a property to a child can be made with no CGT payable as the child would take over the property at the original cost of the parent. This may not be the case if the property has been owned for along time in which case valuations at relevant dates may be used. Gift relief needs to be claimed with HMRC. Your accountant will help you with this.
• If there was no gift relief applied for, then there will be a chargeable transfer and there would be CGT to pay on the gain, subject to Principal Private Residence relief. However as your father has not been living there for 10 years there will most likely be a taxable chargeable gain.
• Watch out for SDLT at 3% if you have another property. As the value is estimated at under £250,000 there should be no other SDLT to pay in England. If the property is elsewhere in the UK check the SDLT rates.
• If the transfer ends up as a gift then it becomes a Potentially Exempt Transfer (PET) for inheritance tax (IHT) purposes. If your father does not survive for 7 years after the date of the gift, then IHT may be payable on some or all of the transfer value.
• Get a proper valuation done now so you know what value you are talking about.
• As mentioned above beware of a possibility of deprivation of assets claim by Social Services.
Nothing is ever straight forward, so get advice!

Olls63

19:00 PM, 12th October 2022, About 2 years ago

There is virtually no gift relief avaiable anymore, except on business assets or where there would be a double charge (transfer to a discretionary trust that would create a Chargeable Lifetime Transfer for IHT?

Chris Bradley

7:15 AM, 13th October 2022, About 2 years ago

A gift is made at tha current market value.
Stamp duty for the market value of the house would be relevant.
Residential relief on capital gains would be calculated proportionally based on the time the owner lived in the property, so if he hasnt lived there for 10 years capital gains would be payable.
The situation with the grandson living there, is also an issue, has he been paying rent? HMRC could assume market rent and income taxat be due, if no rent , it could be considered as a yearly gift to the grandson as market rent amount which may be included for IHT for 7years.
Definitely speak with a specialist.
Putting the house in trust for grandson may be better, than gifting to you and the rental value income being an issue

CMS

22:55 PM, 13th October 2022, About 2 years ago

I think the first question I would ask you is, what is the reasoning behind gifting the property to you at this time? Can you give some information as to what it is you are trying to achieve by the gift. For example, if it is IHT planning you will need to look at the future potential IHT saving against the actual CGT liability that could potentially arise on the gift. Are you able to provide more information? Best,

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