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Where Taxpayers and Advisers Meet

gifting home to son continuing to live in it

markedman
Posts:14
Joined:Mon Feb 06, 2012 11:44 pm
gifting home to son continuing to live in it

Postby markedman » Mon Aug 28, 2017 5:52 pm

Hi

9 years ago my mother was advised by solicitor/accountant to gift her home to me and continue to live in it

she has lived their alone and paid a market rent for the duration (to which ive declared to hmrc and paid tax on)

she is now old and frail and may need full time professional care in a nursing home

how does this affect things re inheritence tax if she has to leave the house, given that she has well exceeded the 7 years?

i know there are differences between a PET and GWR.

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

Re: gifting home to son continuing to live in it

Postby maths » Tue Aug 29, 2017 7:10 pm

The original gift was a PET and a gift with reservation. However, as she paid a market rent the reservation provisions did not apply. The PET is now irrelevant, mother having survived for 7 years.

If she now vacates the gifted property she is not required to continue to pay a market rent.

The house simply falls out of account i.e. does not form part of her estate on death.


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