Selling or gifting a house to a family member may seem like a simple and generous solution, but it entails legal and tax considerations that require careful examination before proceeding. Understanding the potential risks and benefits of such transactions is important to avoid unintended consequences.
This article aims to answer frequently asked questions by those contemplating selling or gifting their UK property to a family member. We will discuss the legal and tax implications and offer advice on the most effective approach to carrying out these transactions.
Can I gift my house to my son in the UK?
Yes, you can gift your house to your child in the UK. However, there are several tax consequences and potential risks that you should consider before taking any action. If you transfer ownership of the property to your child but continue to live in it, it will be considered a Gift with Reservation of Benefit (GROB) by HMRC.
As a result, the full value of the property will still be included in your estate for inheritance tax purposes when you die.
One way to mitigate this is by paying market rent to your child for living in the property. If you and your child co-habit and each pay your share of the household expenses, the transfer may be treated as an outright gift.
However, this is a complex provision, and legal advice should be sought before considering it.
If you make an outright gift, it will be treated as a potentially exempt transfer for inheritance tax purposes. If you survive for seven years after making the gift, it will pass outside of your estate.
If you die within seven years, inheritance tax may be due on the gift’s value, depending on the total value of gifts you made and whether the gift was over the Inheritance Tax threshold.
In addition to the tax consequences, you should also consider the potential risks of gifting your house to your child. If your child gets divorced or goes bankrupt, the property may be at risk. If your relationship with your child changes or if they unexpectedly pass away before you, you could lose your home.
Therefore, it is important to seek legal advice and consider all factors carefully before gifting your house to your child.
Can I sell my house cheap to a relative UK?
Yes, it is possible to sell your house to a family member in the UK for a price lower than the market value. However, if there is an outstanding mortgage on the property, it must be sold for at least the amount left to be paid on the mortgage.
In cases where there is no mortgage, you can sell the house to a family member for as low as £1, provided that money changes hands, and a legal contract is put in place.
It’s important to note that selling a property to a relative below the fair market value can have tax implications, as the difference between the fair value and the agreed price may be considered a gift and could be subject to Inheritance Tax if the seller dies within seven years of the sale. There may also be Capital Gains Tax implications.
One option to consider is a lease option agreement, which involves renting the property to a family member for an agreed period with an option to purchase at the end of the lease. This can be a useful solution for those with low or negative equity and allows for a set purchase price that does not rise with market inflation.
It’s essential to understand the restrictions that exist for selling mortgaged houses below market value and to ensure that mortgage lenders are willing to lend in such circumstances.
Overall, selling a house to a family member at a discount can provide financial support and keep the property in the family, but it’s important to carefully consider the potential implications and seek professional advice.
Can I sell my house to my son at a reduced price UK?
Yes, it is possible to sell your house to your son at a reduced price in the UK. However, there are certain legal considerations to take into account before doing so.
The sale must be at arm’s length, meaning that the transaction must be conducted as if the buyer and seller were unrelated parties. This is to prevent any potential tax implications or disputes over the true value of the property.
If the sale is not at arm’s length, it may be subject to Capital Gains Tax (CGT) and Stamp Duty Land Tax (SDLT).
CGT is a tax on the profit made from selling an asset, including property, while SDLT is a tax on land transactions in the UK. Both taxes can be significant, so it’s important to seek professional advice before making any transactions.
Additionally, if you are selling the property to your son as a gift, there may be inheritance tax implications to consider. Inheritance tax is a tax on the estate of a deceased person and can be applied to gifts made within seven years of death.
Overall, selling your house to your son at a reduced price in the UK is possible, but it’s important to take the legal and tax implications into account before doing so. Seeking professional advice can help ensure a smooth and legally compliant transaction.
Can parents sell property to child UK?
Yes, parents can sell property to their children in the UK. This is a common way to transfer property ownership and may be done for a variety of reasons, including minimising inheritance tax.
However, it is important to consider the financial and other consequences of such a transaction.
If the property is being sold at market value, the child may be required to pay Stamp Duty Land Tax on the purchase. Additionally, the parent may have to pay Capital Gains Tax on any profits made from the sale of the property.
Alternatively, parents may choose to gift the property to their children. If this is the case, inheritance tax may still need to be paid if the parent dies within seven years of the gift. It is also important to consider the Gift with Reservation of Benefit rules, which apply if the parent continues to live in the property after the gift is made.
In such cases, the property value may still be considered for inheritance tax purposes unless full market rent is paid.
Whether selling or gifting a property to a child, it is important to seek specialist legal and financial advice to understand the implications of the transaction and ensure that it is done in a legally sound and financially prudent manner.
Do you pay tax on a gifted house UK?
The rules on giving gifts are designed to ensure that Inheritance Tax (IHT) is not avoided by people giving away their assets just before they die.
Any gift given less than 7 years before the giver’s death may be subject to IHT. The amount of tax payable depends on the gift’s value, when it was given, and the relationship between the giver and the recipient.
Gifts can include money, property, stocks, and personal possessions. Money lost when selling something for less than its market value can also count as a gift.
However, anything left in a will does not count as a gift but will be used to calculate the value of the giver’s estate.
Certain gifts are exempt from IHT, including those given to charities, political parties, or spouses or civil partners who live permanently in the UK. There are also allowances that allow for tax-free gifts. The annual exemption allows gifts of up to £3,000 each tax year to be given without being added to the value of the giver’s estate.
Gifts of up to £250 per person can also be given tax-free. Additionally, wedding and civil partnership gifts of up to £5,000 can be given to children, and up to £2,500 to grandchildren or great-grandchildren.
Finally, regular payments to help with living costs can be made tax-free as long as they are made from regular income and the giver can afford them.
If a gift is given more than 7 years before the giver’s death, it is not subject to IHT. However, if the giver dies within 7 years of giving a gift, the amount of IHT due on the gift depends on when it was given.
Gifts given in the 3 years before the giver’s death are taxed at 40%, while gifts given 3 to 7 years before death are taxed on a sliding scale known as ‘taper relief’.
Taper relief applies only if the total value of gifts made in the 7 years before the giver’s death is over the £325,000 tax-free threshold.
How do I avoid capital gains tax on gifted property UK?
What is capital gains tax (CGT)? Do I have to pay it when I give an asset to someone else?
Capital gains tax (CGT) is a tax on the profit made when you sell, give away or dispose of an asset that has increased in value.
If you give an asset to someone else, you may have to pay CGT because you are disposing of something. However, the rules depend on who you give the gift to.
If you give an asset to your spouse or civil partner, you do not pay CGT as long as you both lived together for at least part of the tax year in which you made the gift, and the gift is not of ‘trading stock’ (trading goods bought for resale).
However, if your spouse or civil partner later sells or disposes of the asset, they will have to pay tax on any gain made over the total period of ownership.
If you make a gift to a family member or other person you are connected with, you may have to pay CGT if you make a capital gain. A connected person can include your spouse or civil partner, certain trustees, or a company you control.
If you make a loss on a gift to a connected person, you can only deduct the loss from gains you make on gifts or other disposals to the same person.
If you make a gift to someone you are not connected to, such as a friend, or sell something to them at less than market value, then you can still be treated as making the disposal at market value if the disposal is not at arm’s length.
This means that the actual amount paid for the asset will be ignored, and the market value will be used to calculate any capital gain arising.
When making a gift, you should also consider whether there are any inheritance tax consequences. If the gift is not exempt for inheritance tax purposes and you die within seven years of making the gift, it may become chargeable to inheritance tax.
Conclusion
Selling or gifting a house to a family member in the UK can be a complicated process with legal and tax implications.
It is crucial to seek legal and financial advice before taking any action. Key points to consider include the legality of selling a house below market value, the potential tax implications of gifting or selling property to a child or family member, the threshold for paying Inheritance Tax on gifts, and options for avoiding Capital Gains Tax.
By carefully considering these factors and seeking professional advice, individuals can make informed decisions about selling or gifting property to family members while minimizing potential risks and tax consequences.
