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House as a gift..

Hi

Quick question

Could you legally gift someone a property and STILL receive rent from the person you have gifted it to?

*property is my grans who I rent it from but for inheritance tax purposes we are trying to think ahead
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Comments

  • DCFC79
    DCFC79 Posts: 40,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why not just put the property in your name,
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    No -that'd be seen as tax avoidance.

    If you are thinking from a point of claiming housing benefit it wouldn't happen -some people have done similar to your idea and made a private
    arrangement that the "rentee" gifts money equal to the rent monthly -however from a legal point of view it's madness as if you and your Gran fell out or you lost your income or even if you died before her -she'd be in a very difficult situation.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

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  • pjjafc
    pjjafc Posts: 241 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    DCFC79 wrote: »
    Why not just put the property in your name,

    Hi, yes thats the idea. However if we wait until she "departs us" we will have to pay 40% on the estate so just thinking ahead but obviously she would still require rent paid to her.
  • kingstreet
    kingstreet Posts: 39,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If your gran continues to derive any benefit from the property after she gifts it, she will fall foul of the gift with reservation rules and the gift will be treated as if it hadn't been made.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 6 January 2012 at 9:53AM
    Have you checked there is a IHT issue.

    What are her total assets.

    Is there any spouse nil rate band available.

    the nill rate band is £325-£650 depending on how much spouse allowence is left.

    If the house is worth less than £325k she would have to live the full 7 years to have any effect on IHT.
  • kingstreet
    kingstreet Posts: 39,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pjjafc wrote: »
    Hi, yes thats the idea. However if we wait until she "departs us" we will have to pay 40% on the estate so just thinking ahead but obviously she would still require rent paid to her.
    What's the total value of her estate?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • pjjafc
    pjjafc Posts: 241 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    duchy wrote: »
    No -that'd be seen as tax avoidance.

    If you are thinking from a point of claiming housing benefit it wouldn't happen -some people have done similar to your idea and made a private
    arrangement that the "rentee" gifts money equal to the rent monthly -however from a legal point of view it's madness as if you and your Gran fell out or you lost your income or even if you died before her -she'd be in a very difficult situation.

    Hi, didnt even think of housing benefit which isn't something I would do anyway. Just trying to think of a way of not having to pay thousands and thousands of £s away when she passes away to the government if there is something we can do now
  • kingstreet
    kingstreet Posts: 39,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Professional estate planning advice needed for the grandparents, methinks...
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • pjjafc
    pjjafc Posts: 241 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    kingstreet wrote: »
    What's the total value of her estate?

    Hi,

    The total estate is probably around the £1.2m mark trying to think of a way to get it down the the £650,000 mark!

    Sounds like a bit too difficult!
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