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God father gift?

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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    My problem is he is old school and just says “I’ll buy it you in your name and the tax man needn’t know wink wink”
    It would make absolutely no difference from a tax point of view whether he "buys it in your name" or gives you the money so you buy it in your own name.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    t0rt0ise wrote: »
    That's not true. The recipient of the gift could be liable.

    Extremely unlikely unless there is lots more gifting going on.

    gifts use up the nil rate band first £150k is well within a single allowance.
  • Can you not just do the whole business thing properly? Set up a ltd company with you and the godfather as directors.

    He invests the 150k and you can invest too if necessary. Buy a property with no mortgage. The property is in company name. Then just run it like you would any business?
  • It is s a genuine gift, he wants no part of the company or any money from it, so he doesn’t want it coming back to him in any way what so ever, the ltd company Route was an option I have looked into, some really good comments here so thanks everyone for your input
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    It is s a genuine gift, he wants no part of the company or any money from it, so he doesn’t want it coming back to him in any way what so ever, the ltd company Route was an option I have looked into, some really good comments here so thanks everyone for your input
    you are a plumber so focus on doing things correctly that won't attract HMRC interest given you already work in a trade notorious for tax dodges.

    you want to do property development as a trading activity

    forget about those talking about living there and CGT, that is dodgy. Your intent is clearly to develop and sell, that is TRADING and is subject to income tax. You are NOT investing and therefore are not subject to capital taxes.

    the money given to you with no expectation of its return is a gift. As others say, there is no tax on the gift payable by you as the recipient, and Godfather's exposure to tax is all about his estate's exposure to IHT when he is dead. Live for 7 years and his estate won't have any tax liability.
    The circumstances where you as recipient may have to pay tax on the gift if he died within 7 years are so exceptional they really are not worth even thinking about.

    So the real question you need to ask yourself is:
    do you want to trade as a company or as a sole trader ?
    That is a question to ask your accountant since the attractions of incorporation depend on an assessment of your total financial position including your plumbing income

    you may, for example, want to remain a sole trade plumber with a property development company as that would distance you personally from the company's performance if it fails


    the question for a company is, when the 150k has been spent, will the company be able to secure sources of funding to carry on its activities given it is a new company with no track record. How good a relationship does your plumbing business have with its bank manager? Would they be happy to risk lending to a company because you are connected with it? If not, who will?

    As a sole trader, you may find it easier (but expensive) to borrow money personally - bit at higher risk to yourself if, for example, it is secured on your own home ...
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