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Where Taxpayers and Advisers Meet

gifting part of my house to my children

mario.sazio@hm-treasury.x.gsi.gov.uk
Posts:1
Joined:Wed Aug 06, 2008 3:13 pm

Postby mario.sazio@hm-treasury.x.gsi.gov.uk » Wed Sep 08, 2004 7:53 am

I've been advised that I should add the mnames of my children to the deeds of my house as a way of avoiding Inheritance tax.

But would this mean they would pay Capital gains tax?

Simon Sweetman
Posts:1690
Joined:Wed Aug 06, 2008 3:11 pm

Postby Simon Sweetman » Thu Sep 09, 2004 1:29 am

I fear this was not good advice. No, they would not pay CGT, but you probably would, because you have made a disposal. This would also be wholly ineffective for Inheritance Tax because you would have "reserved a benefit" and the property would stay in your estate.

The real questions are (1) do you actually need to take measures for IHT planning, and (2) what are your circumstances so that someone could tell exactly what advice you need.

simon.sweetman@btinternet.com

konya
Posts:37
Joined:Wed Aug 06, 2008 3:13 pm

Postby konya » Wed Sep 15, 2004 3:41 am

I would have thought your gift to the children would be free of CGT assuming it is your Principle Private Residence.

On any future sale of the property, the children may beliable to CGT on their share

For IHT, if you pay a market rent to the children, there should be no Reservation of benefit, so the gift would be outright. However, the children may be liable for income tax on the rent received.

Konya


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