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renting to a family member

I own outright a second property. If I let my son leave there rent free do either of us incur any tax liabilities .

Thanks 
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Comments

  • Brie
    Brie Posts: 14,195 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It's your second property so there are tax implications when you sell.  Your son being resident would be liable for council tax.

    Were you expecting something else?
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  • I own outright a second property. If I let my son leave there rent free do either of us incur any tax liabilities .

    Thanks 

    If there's no rental income then no income tax is due and there's no such tax as a "free accommodation" tax anywhere in the UK.  The only tax that will eventually come into play is Capital Gains Tax when you sell the property but as this is already a second property for you CGT will be applicable whether your son lives in the property or not.
  • theartfullodger
    theartfullodger Posts: 15,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 September 2023 at 2:59PM
    You are likely to be liable for (? extra ? ) CGT as YOU wouldn't be living there (assuming prices go up.... ).


    The common view of course is never rent to friends or family (v quick way to ruin relationship), IMHO more so for zero charge.

    What would he pay for (eg repairs, improvements etc etc?).  "Rent" does not have to be £££££_

  • You are likely to be liable for (? extra ? ) CGT as YOU wouldn't be living there (assuming prices go up.... ).


    already a 2nd home so already applies. Son moving in changes nothing
  • Brie said:
    It's your second property so there are tax implications when you sell.  Your son being resident would be liable for council tax.

    Were you expecting something else?
    Perhaps a tax bill of some sort  for giving my son the gift/benefit of leaving rent free. Or even a tax bill for rent I have sacrificed 
  • Brie said:
    It's your second property so there are tax implications when you sell.  Your son being resident would be liable for council tax.

    Were you expecting something else?
    Perhaps a tax bill of some sort  for giving my son the gift/benefit of leaving rent free. Or even a tax bill for rent I have sacrificed 
    well you can breathe easy on those 2 counts...!
  • user1977
    user1977 Posts: 17,338 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Is it genuinely "rent-free"? i.e. you'll be paying for all the normal things a landlord would? If your tenant starts e.g. carrying out maintenance for you, that can be deemed to be "income" and taxable as if it were rent.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please make sure you have a EPC. EICR,  GSC and home insurance !
    Now do you need Landlord insurance ? 
  • AlexMac
    AlexMac Posts: 3,063 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    The common view of course is never rent to friends or family (v quick way to ruin relationship), IMHO more so for zero charge…

    Oh dear, ArtiLodge, we’ve already broke your guidance by letting our BTL to the Granddaughter!  Albeit on a (softish) rent which she has never defaulted on. 

    So the downside is the potential ruined relationship, but the upside is; 

    - a young woman able to live independently with consequent great advantage in terms of self-esteem (and relationships); few 27 year olds could afford to rent, let alone buy round here. 

    - never a rent payment missed; but then she (and her mum) have absolutely no sense Of entitlement. 

    - a strengthening relationship with me, and a developing mutual trust, despite the fact that as I’m a second time husband, neither she nor her mum are my bloodline. So strong that I’ve just appointed her as my attorney in my enduring POA!

    But I guess it could all go T17s up?  

    Oh, and re Tax, I do pay it on the rent, and I anticipate a whopping CGT if we ever sell (or IHT if we don’t) since, as others have said, it’s just a second property. But then you only pay CGT if you make a gain; which we’ve luckily done in spades since we bought it when dear GD was a baby, 26 years ago!


  • km1500
    km1500 Posts: 2,703 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 17 September 2023 at 8:50PM
    do you also comply with all the legal requirements of an assured shortfold tenancy such as annual gas and five year electrical safety etc. (failure to do this is a criminal.offence)
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