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

Tax implications of sibling gift of share of property?

Maweras
Posts:3
Joined:Mon Nov 28, 2016 1:21 pm
Tax implications of sibling gift of share of property?

Postby Maweras » Mon Nov 28, 2016 1:29 pm

My brother and I are joint owners (50/50) of a property, which was bought in 2007 for £500k. The current value is likely £600-700k and outstanding mortgage balance is £300k.

What would be the tax implications of my brother gifting me his 50% share of the property (no money would be changing hands)?

Note my brother left the country over 5 years ago (he lives in Sweden), I have been the beneficial owner since then (paying all the mortgage payments, bills and the like).

Many thanks in advance.

bd6759
Posts:4270
Joined:Sat Feb 01, 2014 3:26 pm

Re: Tax implications of sibling gift of share of property?

Postby bd6759 » Mon Nov 28, 2016 9:27 pm

If you are the beneficial owner, what is your brother gifting to you?

bd6759
Posts:4270
Joined:Sat Feb 01, 2014 3:26 pm

Re: Tax implications of sibling gift of share of property?

Postby bd6759 » Mon Nov 28, 2016 9:28 pm

Also, do/have either of you lived in the property?

Maweras
Posts:3
Joined:Mon Nov 28, 2016 1:21 pm

Re: Tax implications of sibling gift of share of property?

Postby Maweras » Mon Nov 28, 2016 10:55 pm

Maybe I'm using the term wrong - from a practical perspective, I own the property in that I live there and pay for the mortgage, council tax, repairs/upkeep and what have you. It is my primary residence and has been since we bought it, it used to be his primary residence as well but hasn't been for the past 5 years since he left the country.

The reason to make the transfer of equity is to enable remortgaging of the property to get a better deal. I am told it is not possible to remortgage as he is not a UK resident.

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

Re: Tax implications of sibling gift of share of property?

Postby maths » Mon Nov 28, 2016 11:28 pm

Regarding remortgaging it is legal not beneficial ownership that matters.

Thus changing beneficial ownership will not help.

If his non-residence is a problem then he needs to be removed from the legal title.

Maweras
Posts:3
Joined:Mon Nov 28, 2016 1:21 pm

Re: Tax implications of sibling gift of share of property?

Postby Maweras » Mon Nov 28, 2016 11:48 pm

Yes, that is why I want to transfer the equity by way of him gifting it to me, but I need to understand potential tax implications so I can weigh that against the interest rate saving from remortgaging. I understand there'd be stamp duty to pay but I'm unclear on whether there'd be capital gains tax (on me? on my brother).


Return to “Property Taxation”

cron