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Where Taxpayers and Advisers Meet

Paying IHT upfront on GWROB on transfer

Steptoe1
Posts:9
Joined:Wed Nov 30, 2016 10:30 pm
Paying IHT upfront on GWROB on transfer

Postby Steptoe1 » Mon Apr 30, 2018 4:26 pm

Can IHT be paid on a gifted property immediately? Would a market rent still need to be paid on the GWROB in this instance?

Many thanks in advance

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

Re: Paying IHT upfront on GWROB on transfer

Postby maths » Mon Apr 30, 2018 7:45 pm

A gift with reservation does not immediately precipitate any IHT charge; the property comprised in the gift is included in the donor's estate on death.

If, however, a market rent was paid by the donor the gift would not qualify as a GWR. However, the gift is still a PET (but no IHT at date of gift).

Steptoe1
Posts:9
Joined:Wed Nov 30, 2016 10:30 pm

Re: Paying IHT upfront on GWROB on transfer

Postby Steptoe1 » Tue May 01, 2018 7:52 am

Thanks Math, what if you wished to pay IHT whilst property value its current known level. According to the leading property market website the property has gone up £72,062 in 12 months and looks to continue this trend?

Is this possible to do and by what process?

someone
Posts:696
Joined:Mon Feb 13, 2017 10:09 am

Re: Paying IHT upfront on GWROB on transfer

Postby someone » Tue May 01, 2018 8:58 am

Thanks Math, what if you wished to pay IHT whilst property value its current known level. According to the leading property market website the property has gone up £72,062 in 12 months and looks to continue this trend?

Is this possible to do and by what process?
I doubt this is possible. Any more than you can pay the CGT now. One 'unfairness' of investment property is that it's very hard to take advantage of the annual 10k+ of allowance and almost everybody pays N years of gains against a single years allowance and has N-1 years go to waste.

Why was the gift made in the first place? AFAICT it seems that HMRC cannot lose in such deals as they seem to get both IHT and CGT on the same gain. (I hope I misunderstand as it seems unfair)


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