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Thread: Property

  1. #1
    Artisandgy
    Guest

    Property

    Can anyone advise? Is it too late to gift our property to our children? I am relatively fit but my Husband has Motor Neurone Disease which is classed as a life limiting illness. Any help on this matter would be very much appreciated. Thank you.

  2. #2
    AnneliaPoeno
    Guest
    As ever with these questions, a full answer requires much more information but I am assuming that by "gift" you mean a gift to avoid Inheritance Tax (IHT) by making a Potentially Exempt Transfer (PET) and, secondly, I am assuming that by "our property" you mean the home you live in as your Principal Residence.

    The quick answer to PET's is you can give away any of your assets and they will become PET's for 7 years from the date of the gift at which point they will be completely outside your estate. If you die before the end of the 7-year period, the impact of IHT is tapered.

    So far as your home is concerned, it is very difficult to "gift" it if you continue to live in it yourselves or get any benefit from it. This would be known as a 'gift with a reservation of benefit' in which case it won't be exempt from IHT and will be added to your Estate for IHT purposes, even though the ownership may have been transferred to your children. Look at this site -
    http://www.hmrc.gov.uk/i...ss-home-to-children.htm
    The only way that you could convince HMRC that there was no 'reservation of benefit' would be to pay to your children, from the date of the gift, the full market rental value for the home you have given them but for most people this is not possible unless you have very substantial income to cover it.

    Inheritance Tax currently kicks in at 325k for an individual and a combined 650k for a married couple. Gifts between husband and wife are IHT-exempt. A common arrangement would be for each partner in a marriage to gift their estate to the other on death (i.e. no IHT payable on first death), with the resultant combined estate going on the death of the second partner to the children who would be hit by IHT on anything above 650k. In any event, do make sure that both you and your husband make wills. People often assume that they don't need to and it will all go to the kids anyway. If you die without making a will ("intestate"), this is NOT the case!

  3. #3
    AnneliaPoeno
    Guest
    A good answer, jeffian!

    The key here is to take urgent independent specialist advice, have up-to-date wills that do what you want them to do, and listen to hints and tips, but avoid doing anything too complicated that appears to bend the tax system (these days, HMRC treat almost anything that reduces the tax take as tax avoidance/evasion and will attempt to treat any tax-reduction devices as invalid unless they are in the statute-book, like 3000 p.a. per donor IHT gifts, PETs where you have survived for 7 years, and so on).

    Members of S.T.E.P. are likely to be the most experienced at knowing how to handle such cases for the best.

  4. #4
    Antonkeems
    Guest
    Hello Jeffian - thanks for your response. However, we will not fall into the IHT bracket in any event but were hoping in some way to lessen the burden of possible health care in the future. We are in the process of completing new Wills but I wished to try and get this matter sorted firstly. Thank you again.

  5. #5
    apelulpire
    Guest
    That's why I said one always needs more information, Marlene. Turns out I was answering the wrong question!

    I don't know what happens if you dispose of assets to avoid healthcare costs. I'm sure others may be able to answer that.

    I'm glad to hear you're dealing with the wills. Such an important thing that so many overlook.

    Best of luck to you both.

  6. #6
    Have a look at this thread on
    http://forums.moneysavin...howthread.php?t=1912891
    especially the comment made by 'monkeyspanner' on 2/9/2009.


 

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