Probate granted 2008. As per the will, one property to be held in trust for four trustees (deceased's cousin and her 3 grown children). Deceased's husband resided in property and the will stated he is to remain as such until his death. He had to go into a residential home due to dementia 18 months later. All parties of the aformentioned trust agreed that the deceased's cousin (a trustee) would reside in the property, rent free, until any change in circumstances. The 'tenants' have used their own money to improve and maintain the property to a high standard. The deceased's husband had his own private funds to pay the private residential home so his costs were taken care of, although the will did make provision for any rental proceeds to assist in his care?!?
Each trustee aswell as one other beneficiary received £50k in cash inheritance at the time of probate.
Advice at that time of probate was that no inheritance tax would be due (property value at the time of probate was £190,000)
The deceased's husband has recently passed so the trustees want to transfer the deeds in to their names, but are confused as to what tax may be due?
Should inheritance tax have been paid?
Could there be income tax due based on lost income from the property not being rented out?
Is it now due because the property deeds are changing and the death of the deceased husband has triggered it?
It's 10 years since probate next year, how much would the 10 year anniversary tax be?
Current property value £290,000. does the property value increase since probate change things?
If no-one has funds to pay HMRC if tax is due, can they force the sale of the property? Would there be a time restriction on this?
HMRC website sooooo confusing because this situation has so many factors
- Home
-
Tax News
- Budgets and Autumn Statements
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings & Investments, Pensions & Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations & Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practice and Methods
- Professionals in Practice & Industry
- General
- TaxationWeb
-
Tax Articles
- Budgets and Autumn Statements
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings and Investments, Pensions and Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations & Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practice & Methods
- Professionals in Practice & Industry
- General
- Tax Tips
-
Tax Forum
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings & Investments, Pensions & Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations and Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practices & Methods
- Professionals in Practice & Industry
- General
- Tax Jobs
- Get in Touch