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Where Taxpayers and Advisers Meet

Gift in last 7 years

doolally
Posts:2
Joined:Tue Feb 21, 2017 1:46 pm
Gift in last 7 years

Postby doolally » Tue Feb 21, 2017 1:58 pm

Hi there,

Firstly apologies for having to ask what is probably a straight forward question......
We are currently dealing with a recently deceased's estate who is survived by his wife. The actually house value is small but unknown to us he has over his lifetime been a collector of various memoribilia and in particular in a large stamp collection.
Although we have been informed the collection is of substantial value we still expect the total estate to fall beneath the nil band 325k IHT value. We are currently awaiting professional valuers to get to us with a professional open market valuation for the collection.
As part of the collection sent for valuing, part of the stamp collection was gifted to myself and my wife shortly after the birth of our 2nd daughter in 2012, we never thought anything of it(thinking it was junk) and its been in our attic since 2012. As part of the probate/IHT procedure, am I correct in thinking we need to get this gift valued as of date of receipt, i.e. 2012? This will then be added to the estate as it is a gift within the last 7 years and provided it does not tip the estate over the nil-band limit there will be no IHT to pay by ourselves as the recipients of the gift?

Finally if there is no IHT tax to pay, am I correct in thinking if we subsequently sell the gift we've had for 6 years, we use the valuation as of 2012 as our starting point for CGT purposes?

Many ,many thanks in advance.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Gift in last 7 years

Postby pawncob » Wed Feb 22, 2017 5:38 pm

Your assumptions are correct, but if the gift (added back) makes the state liable to IHT, there'll still be 6 years of gift relief to mitigate the tax payable.
If the estate is still under the threshold, the rejection of the gift would mean that you took the collection at current value, possibly avoiding a CGT liability.
With a pinch of salt take what I say, but don't exceed your RDA

doolally
Posts:2
Joined:Tue Feb 21, 2017 1:46 pm

Re: Gift in last 7 years

Postby doolally » Thu Feb 23, 2017 1:08 pm

Your assumptions are correct, but if the gift (added back) makes the state liable to IHT, there'll still be 6 years of gift relief to mitigate the tax payable.
If the estate is still under the threshold, the rejection of the gift would mean that you took the collection at current value, possibly avoiding a CGT liability.
Thank you for the reply.

OK so my understanding is correct, we get a valuation as of time of gift (in this example 2012) and when we use this as cost price whenever we choose to sell the collection in the future for CGT.
One thing I failed to mention, the deceased just passed us the collection, there was no documentation to be found in his paperwork, would he have not been liable for CGT at time of transfer even though he received no money? I've checked all examples online but most exampls refer to cash gifts and I'm not sure how my particular example fits bearing in mind he collected the stamps over probably a 60 year period, there are no receipts and the collection is extremely large.

Again, any advice really appreciated. We are just a young family and don't want to get hit with any sudden unexpected tax bill, could we be liable for any other payments?



Many thanks in advance.


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