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Gifting property to family member
LifeofTedandRay
Posts: 1 Newbie
in Cutting tax
My mum is looking to gift me 50% of one of her properties and have my name put on the deeds. The property is mortgage free and is is not her main residence. I currently do not own a property. The house is currently rented out and will continue to be so. Both my parents names are on the deeds, with my stepfathers name coming off and mine going on.
We are not quite sure how to go about this process. I have looked online at the forms AP1. TR1. ID1 and know that these have to be completed and sent to land registry if we do this ourselves. My questions are:
Would they have to pay any CGT on the 50% of the property that is gifted ?- (as one of the original partners is still on the deeds)
Would i incur any tax implications being gifted 50% of the property?
I am assuming IHT could be avoided if the giver survives 7 years - but, does this mean both my stepfather who came of the deeds, or does this mean my mother- as she has gifted me the 50%?
As the property will be rented out - i am assuming there will be tax implications for me as i would receive 50% of the rent ? ( Ideally, all the rent would go to my parents) - is there a way i can get round this by having a split of rental income- for example 90% to my mother and 10% to me?
Would you advise us to do the paperwork ourselves by completing the forms mentioned above?
Appreciate all help
We are not quite sure how to go about this process. I have looked online at the forms AP1. TR1. ID1 and know that these have to be completed and sent to land registry if we do this ourselves. My questions are:
Would they have to pay any CGT on the 50% of the property that is gifted ?- (as one of the original partners is still on the deeds)
Would i incur any tax implications being gifted 50% of the property?
I am assuming IHT could be avoided if the giver survives 7 years - but, does this mean both my stepfather who came of the deeds, or does this mean my mother- as she has gifted me the 50%?
As the property will be rented out - i am assuming there will be tax implications for me as i would receive 50% of the rent ? ( Ideally, all the rent would go to my parents) - is there a way i can get round this by having a split of rental income- for example 90% to my mother and 10% to me?
Would you advise us to do the paperwork ourselves by completing the forms mentioned above?
Appreciate all help
0
Comments
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If only your step father's name is coming off is it not him who is gifting you his 50%?
Capital Gains Tax is payable on a gain when you sell an item so any CGT due will be payable by the person who is disposing of their share. The tax must be paid to HMRC
within 30 days of the transfer.
You would only be liable for any CGT when you dispose of your share of the property.
0 -
personally I think while it might be helpful to get some ideas here the only one that can actually help you will be a solicitor. Obviously you should use one, and possibly one separate to your stepfather who is in fact that one making the gift (even if previously your mom had gifted to him). While the solicitor deals with the transfer of title there could also be something written up to state that while you own 50% your mom remains the landlady for 100% and there has all the expense of the property as well as all the income. You and she should also decide how the title is held jointly or tenants in common which will depend on whether stepdad might get her share should she die before him or if it will come directly to you.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung1 -
If the idea is to attempt reduce your mother’s IHT liability she will have to gift you her share. However makes the gift is likely to have an immediate CGT liability on the transfer. In order to use the 7 year rule the giver will have to give up the rental income as well.
You say you are not currently a property owner, have you never owned one? If not this gift will take away your first time buyer status.
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