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Gifted House

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Comments

  • MrEnigma
    MrEnigma Posts: 113 Forumite
    Part of the Furniture 100 Posts
    Just to be clear. If rent had to be paid at the market rate. Then I would just pay the tax on it myself, and of course not take any rent from her. Further reading tonight suggests that because the estate is less than 325k, then no IHT threshold will be hit. As from April 2017 the threshold is £325,000 + £100,000. Hope that answers your question. As indeed I have now it seems answered mine.
    Thanks for help. Those that were helpful.
    Can a mod please this thread now.
    Thanks
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    You'd pay the tax on what yourself? The imaginary rent? That's not how income tax works.

    As for the thread being closed....there are no mods.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Why would she owe you rent when you live together in a house that you own that she used to own?

    Did you pay her rent when you lived in her house when it belonged to her?
  • MrEnigma
    MrEnigma Posts: 113 Forumite
    Part of the Furniture 100 Posts
    Pixie5740 wrote: »
    You'd pay the tax on what yourself? The imaginary rent? That's not how income tax works.

    As for the thread being closed....there are no mods.

    NO mods eh?

    Interesting

    That's my last comment, as it seems you guys just want to belittle and not be helpful, which it seems you can do, as there are no mods.

    I'm done.
  • Keep_pedalling
    Keep_pedalling Posts: 22,412 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 March 2017 at 10:53PM
    Your mother was foolish to give her major asset away, as it means she is no longer financially independent and is vunable if something happens to you. What would happen if you died first?

    If your have not thought about this, and you have children, or estranged siblings or your mother is divorced and your father is still alive then you had better make sure you have a will in place that returned the house to her alone.

    And as others have said there is no 3 year statute of limitations on DoA.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    there were better ways to do this, the issue with gift with reservation which an appreciating asset is you can not be sure there will be no IHT.

    If she had just had you move in and gifted you 1/2 the house it would have been a lot simpler.
  • xylophone
    xylophone Posts: 45,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With regard to DoA

    http://www.payingforcare.org/deprivation-of-assets

    There are no time limits on how far a Local Authority can go back when considering deprivation of assets. Additionally, if the property was given away before you needed care, the Local Authority could ask the recipients of the property to pay a contribution towards your care.

    Re POAT (should it become relevant)

    https://www.stoneking.co.uk/literature/info-sheets/guide-pre-owned-assets-tax

    The Family Home
    Basic guidance is to make gifts of part of a property, but to sell 100% and not part to avoid a POAT problem. Gifts of a part share in a house, where donor and donee both occupy it, such as child living with elderly parent, or at least staying regularly, should be protected from POAT provided the donor continues to pay at least a fair share of the outgoings. For example, in the case of a gift by the parent to children of a 75% share as tenants in common, the parent might still need to pay 50% of the running costs (not just 25%) to reflect a fair share of actual usage.
This discussion has been closed.
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