This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Status of family home

limoges
Posts:20
Joined:Sun Feb 13, 2011 12:51 am
Status of family home

Postby limoges » Fri Apr 21, 2017 9:43 pm

Our elderly parents have resided with us in our home for several years. Sadly they have decided to live apart but not divorce. My mother will continue to reside with us but my father will move into a buy to let that they have owned jointly for many years, but have never lived in.
They sold their primary home when they moved in with us and currently do not have a primary home.

What will be the status of my father’s residence when he moves in?
Will it become their primary home despite the fact that our mother will not reside with our father

Our parents are comfortably off and the value of my father’s new residence would help mitigate their eventual IHT liability if it can be recognised as their primary home and thereby benefit from the new IHT allowance on primary homes left to children or grandchildren.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Status of family home

Postby maths » Fri Apr 21, 2017 10:17 pm

If mother/father are in effect separating then the BTL in which father moves will probably become his sole residence; not mother's.

On death, if father leaves his 50% to children the the new Residence Nil Rate Band (RNRB) for IHT will be available. However, the BTL (as mother won't live in it) will not be her residence, and hence if she leaves her 50% to the children the RNRB won't apply in her case.

Any lifetime sale of the BTL will subject mother to a CGT charge.

Depending upon the state of the parting it might be sensible to see at least from a tax perspective if some agreed planning could be done.


Return to “Inheritance Tax, IHT, Trusts & Estates, Capital Taxes”