Gifting his own residential property to his son via his brother?

by Readers Question

9:24 AM, 31st July 2020
About 2 months ago

Gifting his own residential property to his son via his brother?

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Gifting his own residential property to his son via his brother?

A friend wants to gift his own residential property to his son and move into a property he has been renting out. The son, however, has some issues and is not willing to accept the gift of the property for the time being.

The friend is contemplating gifting the property to his brother, who would move in and reside in the property as his main residence and at a later stage gift it to his nephew when the latter is ready.

There are no family issues and the matter is straightforward and agreed between the brothers. Can anyone, however, see any financial aspects that may be a problem?

Since it is a residential property there should be no CGT liability when gifting to the brother. There is no mortgage on the property, hence no stamp duty arises.

Similarly, since the brother will be residing in the property no CGT or stamp duty should arise at the second transfer from brother to nephew.

Or is something being missed?

All comments welcome and greatly appreciated.

Frederick



Comments

Freda Blogs

12:31 PM, 2nd August 2020
About 2 months ago

Wouldn’t it just be simpler to let the property until the son is ready to receive the gift? I would have thought that the tax and legal issues (and corresponding overall complexity and transaction costs) would be less than trying to agree some mechanism with the brother/ uncle in the meantime? A rental agreement would be far more straightforward.
They should also bear in mind that these sorts of arrangements within families - however they are executed - often go horribly wrong and cause irreparable rifts...

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