Gifts Out Of Income

MarkJR · 16 November 2017 at 2:32PM

Are 'Gifts Out Of Income' tax year based?

My farther in law had been making regular monthly gifts out of income to his grandchildren's JISAs. In July his circumstances changed. Following an illness he is now in a care home with associated fees. He therefore stopped making these gifts when he went into the home .

My question is, is it the tax year that gifts out of income must be reconciled over? ( i.e. Any gifts he has made since April 6th wont now be except.)

I suspect this is the case from what I have read on the government website but it is not absolutely clear to me.

Thanks in advance,
Mark.

kidmugsy · 16 November 2017 at 2:51PM

I don't see why the fact that he had to stop part way through the year should matter a button. While the money was surplus he gifted it; when it stopped being surplus he stopped.

When he dies his executor will have to gather together the data to justify the claim that the gifts came out of surplus income. Make sure that the required paperwork isn't lost with his move into care.

Linton · 16 November 2017 at 4:48PM

Gifts out of income arent checked simply on a tax year basis. You can make gifts this year from last year's income. The rules are vague but there is in effect a 2 tax year carry over. After 2 years retained income turns into capital which cant be used to finance gifts from income. In your father-in-law's case if last year's unused income plus this years income is sufficient to pay for the care home and any other expenses then any money left over can be gifted "out of income".

I cant find specific HMRC advice on this, perhaps they are happy keeping things vague. See here for a good description of Gifts Out Of Income.

00ec25 · 16 November 2017 at 6:32PM

to answer your direct question it would be tax years since that is the basis of the IHT assessment

in that context the post above from Linton then explains what is what

Gifts Out Of Income

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