Guide to gifting property and tax

Chris Torney / 10 May 2016 ( 12 February 2019 )

A guide to the things you need to consider before giving a property to your children.

There are several ways people can reduce potential inheritance tax (IHT) liabilities before they die by making cash gifts to relatives and other beneficiaries.

But for many, the value of the property they own is the biggest reason their families could face sizeable IHT bills. 

So what steps can be taken in advance to limit the amount of tax that could be payable on a family home or even a buy-to-let or holiday property after the owner’s death?

Inheritance tax rates

It is worth starting by considering to what extent your family could be affected by IHT. At present, the tax is charged at 40% on any part of an estate valued at above £325,000.

Married couples and civil partners can combine their allowances, which means that they can pass on £650,000 in assets after their deaths (assets that are bequeathed from one partner to another are not liable to IHT).

If your property is worth less than the £325,000 limit (or £650,000 if you are part of a couple), there may seem to be no pressing need to take steps to minimise IHT.

However, it is worth bearing in mind that rising property prices over the next few years are likely to push more families into the IHT net, especially if the government does not significantly increase the £325,000 allowance.

Read more about reducing your inheritance tax liability. 

There are other reasons to act early, as we explain below.

Gifting property to family members

One possible way to avoid IHT, or at least minimise its impact, is by making a gift of your property to your heirs while you are still alive. 

Provided that you live for at least seven years after making the gift, the property could fall outside of your estate when IHT is calculated. (If you were to die between three and seven years of the gift being made, the rate of IHT would be subject to taper relief and therefore below 40%.)

You can remain living in the home after you have gifted it, but you cannot do so rent-free if you want the property to be discounted from any IHT calculation after the seven-year qualifying period has ended.

HM Revenue & Customs rules state that the person or people who have made the gift must pay the beneficiary rent at the “going rate” (that is, the rate that applies to similar properties in the local area) in order for the home to fall outside the IHT net.

What about cash gifts? Read our simple guide to the tax implications. 

Other tax implications

Stamp duty does not normally apply to gifts like those described above. But if you are gifting a property which is not your principle residence, such as a buy-to-let flat or a holiday home, the gift could incur capital-gains tax (CGT).

This would be calculated on the difference between the purchase price and the property’s value at the time of the gift. CGT is currently charged at 18% for residential property gains made by basic-rate taxpayers and 28% for higher-rate taxpayers.

In the 2017-18 financial year, there is a personal CGT allowance of £11,300: only gains above this level are taxable.

Finally, if you are paying rent to remain living in your home, the recipients of this rent will have to pay income tax on it.

Things you need to know before signing your property over to your children. 

Potential pitfalls

If you give your home away, you will no longer be the legal owner and you will have no legal right to remain resident in it. In the vast majority of cases, this creates no problems: but it is worth considering what might happen if you were to fall out with the beneficiaries.

Equally, if you gave your home to your son or daughter and they subsequently got divorced, their wife or husband may have a claim to some of the value of the property. 

And if the beneficiary got into financial difficulties and became bankrupt, your property could be put at risk.

For more news and useful information, browse our money articles.

Going into care

If you or your spouse need to go into full-time residential care, your local authority will normally carry out a financial assessment to determine how much money you should contribute to the costs.

If the council deems that you have made the gift of your home in order to reduce this contribution level, it may decide to ignore the gift and include the property in its assessment. In such a case, council will consider the gift a “deliberate deprivation of assets”.

Authorities are less likely to take this view if the gift was made several years before it became clear that it was necessary for you or your spouse to go into care.

Can you avoid care home fees?

Seeking expert advice

Gifting property is a very complicated process and, although it can offer significant benefits in terms of IHT reduction, it is fraught with potential pitfalls. 

It is important therefore to seek independent financial advice to help you weigh up all the pros and cons before taking such a step.

If you'd like to know more about funding care, download our free guide here. 

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The opinions expressed are those of the author and are not held by Saga unless specifically stated.

The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.