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Where Taxpayers and Advisers Meet

Sale of main residence to children

Yiannis17
Posts:133
Joined:Wed Aug 06, 2008 3:43 pm
Sale of main residence to children

Postby Yiannis17 » Mon Sep 03, 2018 10:36 am

Morning

I have a client who wants to sell his main residence to his children at a price way below the market value. The price is somewhat 50% less. The children intend to get a mortgage on this and pay the stamp duty.

I have actually seen this happen once before. What would be the consequences of this?

Thank you

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: Sale of main residence to children

Postby AGoodman » Mon Sep 03, 2018 12:48 pm

No CGT as PPR

A PET of the balance unless he is staying in residence in which case it will be a GROB of the balance.

If he is going to remain in the house (and not pay rent) then it is a bad idea for tax purposes - the balance will remain a GROB until 7 years after he has left the house so no use for IHT, there is the SDLT and the children will have to pay CGT on an eventual sale.

Jonathan Terry
Posts:15
Joined:Wed Aug 29, 2012 9:45 am

Re: Sale of main residence to children

Postby Jonathan Terry » Wed Sep 19, 2018 9:22 am

What if the parents retained ownership of say 25% of the property and lived there.

Would it still be GROB?

thanks

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

Re: Sale of main residence to children

Postby maths » Wed Sep 19, 2018 1:55 pm

If parents keep 25% and gift 75% and children and parents live there a reservation of benefit will not arise assuming parents do not receive any benefit connected with gift e.g. parents must pay at least 50% of expenses of property.

It is understood HMRC believe that no more than 50% may be gifted although this is only their view.


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