Inheritance Tax: Save £100,000s with simple advanced planning Article Discussion

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  • Mortgage company have agreed in principle to the deal. less than 60% LTV, if my mother gifts us the house entirely. She will not be living with us unless her partner dies and she has to move back for any reason in the future.
    Another question? If she gifts us the house, and seven years pass, the property is IHT free. If she then had to move back in after that is the property technically ours laready therefore no issue with her moving back in?. We are technically paying her for the house by re-mortgaging so is this even an issue as we are buying it from her (Even if at a reduced value!)
  • SeniorSam
    SeniorSam Posts: 1,670 Forumite
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    Good news about the mortgage. |If your mother will not be living with you, then the gift with reservation matter is not a problem as it would not exist. If she moves back later on afterv her partner dies, it will not be considered a gift with reservation as the 'intent' was a gift and there was no intent to retain part of the gift.

    If you are paying her from the mortgage money for the house, it is therefore not a gift, but a straight sale to you, so no problems.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Sam
    Excellent advice many thanks for that!. So basically to summarise, if my mother gifts us the house, on which we mortgage and give her the money, providing she does not initially move in with us there is no tax, CGT or IHT liability ?
    Just to re-clarify though, do we have to time this that we sell our property first, before gifting and re-mortgaging?
  • SeniorSam
    SeniorSam Posts: 1,670 Forumite
    First Post First Anniversary Combo Breaker
    She is not gifting the house. You are buying it from her with the mortgage money. A straight purchase as any other would be. As to when you sell your home before or after is only a matter for the lenders if you already have a mortgage. The new home (the property you are buying from your mother), will be your principal residence once you sell your present property, so no taxes at all.

    Hope this is now clear for you

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Thanks for that Sam.
    Technically we are not buying the property from my Mother, she is gifting us the house fully into our names. So the property will be our possession.
    We are then looking to raise the mortgage to give to my mother for my 2 brothers inheritance share, so it is actually a gift from us to her (Or into trust for them both)

    Mortgage company are now causing issues on this by calling it a 'back to back mortgage' , which on reading up, I dont believe this is! Can anyone word this correctly for us to present to the mortgage company. They are saying if it is a back to back, they will not lend on the property until it has been in our possession for 6 months. I cannot see the sense in this, what difference does it make, the property will legally be ours anyway, mortgage free, so where would a six month period come into the risk equation?

    Thnaks
  • Sorry further question...
    As mortgage company is now saying if a proerty is 'gifted' they will not offer a mortgage for 6 months to us, they have said instead we can get my mother to gift us half the house and get a new mortgage for the remainer.
    Question is, would we then pay stamp duty on this purchase? And if so on what part? House value is £475, we want mortgage for £260, of which £225k will go to my mother. What would be the value and amount payable for stamp?

    Thanks
  • slight tangent

    if my father will not leave more than IHT threshold can he give more than 3k to his children per tax year or is there a limit for this also?
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    if my father will not leave more than IHT threshold can he give more than 3k to his children per tax year or is there a limit for this also?

    There's no tax implications but if your father doesn't have a lot of capital he will need to be sure he doesn't get accused of deprivation of capital if he needs to claim means-tested in the future.
  • Many thanks Mojisola I will take on board your comments.
  • anybody know anything about Bare Trusts and if these amounts can be used against means-testing?
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