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How do I give my son money?
pulliptears
Posts: 14,583 Forumite
in Cutting tax
This might be complicated so I'll try and explain it as simply as possible.
My late Mum wished that my children have £12k from the sale of her estate each to use as a house deposit. She thought her will reflected this but when she died it transpired they recorded her wishes wrongly and I inherited everything.
When she died I paid off the remaining mortgage on Property A. With the remainder I bought property B and moved out, leaving my son in property A with his fiancee.
Son now wants to buy property A from us, so we are selling it to him. His £12k from Mum is in the property and will gift over from us on completion, meaning his mortgage offer is £12k less than the purchase price.
As our parents gifted us money we want to gift him £3k from us as well but we realise now that this might be tricky. We can account for the £12k gift (£3k from each of us for 2 years) but how can I gift him the additional £3k?
Ideally I want the £3k to remain in the property so his mortgage is £15k less than the asking price.
As an aside, they are planning for a wedding and I notice I can give a £5k wedding gift. Can I do this so that this money remains within the property or do I need to give him £3k separately in cash?
I appreciate that was massively confusing! Trying to do what Mum wanted on the back of a fairly useless original will writer is difficult.
My late Mum wished that my children have £12k from the sale of her estate each to use as a house deposit. She thought her will reflected this but when she died it transpired they recorded her wishes wrongly and I inherited everything.
When she died I paid off the remaining mortgage on Property A. With the remainder I bought property B and moved out, leaving my son in property A with his fiancee.
Son now wants to buy property A from us, so we are selling it to him. His £12k from Mum is in the property and will gift over from us on completion, meaning his mortgage offer is £12k less than the purchase price.
As our parents gifted us money we want to gift him £3k from us as well but we realise now that this might be tricky. We can account for the £12k gift (£3k from each of us for 2 years) but how can I gift him the additional £3k?
Ideally I want the £3k to remain in the property so his mortgage is £15k less than the asking price.
As an aside, they are planning for a wedding and I notice I can give a £5k wedding gift. Can I do this so that this money remains within the property or do I need to give him £3k separately in cash?
I appreciate that was massively confusing! Trying to do what Mum wanted on the back of a fairly useless original will writer is difficult.
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Comments
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Trying to do what Mum wanted on the back of a fairly useless original will writer is difficult.
The easy solution would have been a Deed of Variation of your mother's will.
However, you accepted the bequest and therefore the money became yours.
Bear in mind that you can give your son (or indeed anybody else) as much as you like from your own resources, as can your wife. Gifts to your wife do not count in terms of IHT.
The only question is whether or not there will be an IHT liability after all exemptions have been used.
Remember the possibility that any gift is a potentially exempt transfer.
You point out that you and your wife can use your gift exemptions and the wedding gift exemption.
And is your estate of a size that you expect to pay IHT anyway?
https://www.gov.uk/inheritance-tax/gifts0 -
I know little about tax and the solicitor did not advise on a deed of variation at the time or we would have done that. Again, we now know poor solicitor.
Simply I guess the £12k is accounted for through my husband and I's allowance over 2 years, it's the additional £3k that's the struggle.
Not sure what you mean by the size of our estate? Surely that doesn't come into the equation?
I guess what I really want to understand is can I lump in the £3k wedding gift into the £12k house gift and have it all come off the house sale?0 -
If your estates won't be liable for IHT then just gift your son whatever you want - there won't be any tax to pay.
If you live for seven more years, there won't be any tax to pay even if your estates are liable.0 -
If your estates won't be liable for IHT then just gift your son whatever you want - there won't be any tax to pay.
If you live for seven more years, there won't be any tax to pay even if your estates are liable.
We're both mid forties so don't see ourselves popping off any time soon (live in hope lol)
Will he be taxed on the additional £3k though?0 -
pulliptears wrote: »We're both mid forties so don't see ourselves popping off any time soon (live in hope lol)
Will he be taxed on the additional £3k though?
There is no gift tax in the UK.
The only possible tax would be inheritance tax on your estates.0 -
Have you considered Capital Gains tax on the sale of property A.0
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If you want to gift him £15k make it a completely different transaction than the house purchase/sale, otherwise it could be seen as him buying the property at below market value.0
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When did mum die?
How big are your estates?0 -
pulliptears wrote: »Yes, we're selling within 3 years of the purchase of the new property.
You are thinking about the extra stamp duty.
Capital Gains tax is different and has no 3 year limit.
https://www.gov.uk/capital-gains-tax0
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