What are the implications of giving all or part of my main residence to my children?

What happens if you gift all or some of your main residence to your children or other beneficiaries?

Table of contents

What happens if you gift all or some of your main residence to your children or other beneficiaries?

It depends on the scenario. If you give away any part of your main residence, there won't be any capital gains because you get relief on your main residence. That's straightforward. The other alternative is you give your main residence away entirely and then move in with your children. You've given your main residence away, there's no capital gains tax issues. If you live seven years, it's a potentially exempt transfer, and the property is outside of your estate. The issues arise when most people want to do something different – give away part or all of their main residence and continue to live in it.

When you make a gift for inheritance tax purposes, it has to be an out right arm's length transaction. If you gift half of your property to a complete stranger, then they will expect rent on that property. And therefore, you should do the same with your children. If you don't pay rent on all or part of the property that you've gifted your children, that will fail for inheritance tax purposes and it's called a gift with reservation of benefits. Not only it may fail for inheritance tax purposes, but it's actually even worse than that if you don't pay the rent, because you've now registered all or part of the property in your children's names. It, as far as HMRC is concerned, now belongs to your children.

The fact that it's failed an inheritance tax test has nothing to do with the ownership of the property. When the property is then sold, all or part of that property is going to be subject to capital gains tax - not only did it fail for inheritance tax purposes, you've now also got to pay inheritance tax or your children will. You have effectively made the problem worse, not better.

So, do not give part of your main residence away or all of your main residence.

Join our Newsletter

Subscribe and get the latest updates about inheritance tax and Estate Planning into your mailbox.

We help people with over £1 million in current assets pay ZERO in UK inheritance tax

One stop comprehensive specialist advice - Tax, financial planning and legal advice service with 18 years experience.

What our clients say
Read our 114
    
reviews

"It is gratifying to finally come across an adviser who gives sensible ongoing advice which is very client focused."

Frank Hibberd

Retired gentleman

"It is nice to know that we can now be certain that our daughter will inherit our money without giving a large slice of it to the government ."

Tony & Sue Perriss

"Everyone's situation is different but having an initial discussion with Charles has really helped me personally navigate what can be a daunting subject."

Bobby Chadda

"I particularly want to thank you for the open and transparent manner in which you have serviced my tax planning needs since I first met you seven or so years ago. In arranging my tax planning through you, I have confidence"

Michael Mahon

Retired gentleman

"Charles was really helpful from the outset and quickly clarified our situation for us... I have used Bluebond for  IHT and other tax advice and they have been very helpful with both. Charles is a very experienced and knowledgeable individual and I highly recommend Bluebond's services."

Sam Attenborough

Retired gentleman

I have used Bluebond for setting up a discretionary trust for my children as well as inheritance tax and estate planning for my home and  other properties. Having searched for years, it was only after meeting and speaking with Charles that I felt confident enough to take these next steps, and I'm very glad I did. His ability to explain complex issues in simple terms and walk you through every step of the process is quite simply unparalleled.

Imran Qureshi

Excellent and comprehensive advice concerning all things financial in one place. Enthusiastic, Educational, Expert, value oriented, Professional and Polite are adjectives that come to mind as well as great attention to detail.

Deirdre Buckley

Inheritance tax is a minefield. Charles de Lastic of Bluebond Tax Planning is the best in the business at helping you to chart the path that is right for you to ensure your estate is structured in the most tax efficient manner.

Nicholas Dickinson

Charles provides clients with valuable insights that clearly demonstrate expertise built over the years. Charles and his team guided us through a estate planning journey and then addressing complex Inheritance Tax matters. They have been very transparent with their advice and cost. Overall an excellent service. Highly recommended

Shailesh Karia

The information contained in this web site is for UK consumers only.  Like most firms of solicitors and accountants, Bluebond Tax Planning is not regulated by the FCA. The content of this website does not constitute FCA regulated financial advice and all content is provided for general information purposes only. Bluebond is not responsible for any action you may take as a result of information on this site. All advice will be delivered on a personal basis once we fully understand your situation and our client agreements have been signed.

Copyright © 2024 Bluebond.co.uk
-
Copyright Notice
-
Legal Disclaimer
-
Terms & Conditions
-
Privacy Policy