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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15946
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I am currently buying my first flat for £295,000.00. My uncle

Customer Question

I am currently buying my first flat for £295,000.00. My uncle is gifting me £220,000.00 and my father £70,000.00. What are the implications with regards XXXXX XXXXX on receiving these amounts?
Submitted: 3 years ago.
Category: Tax
Expert:  TonyTax replied 3 years ago.

Hi.

 

The recipients of gifts don't pay tax on them under the UK tax system (but see below). As for your uncle and father, they will have made gifts called potentially exempt transfers to you. So long as they each live for seven years after making their respective gifts, the value of those gifts will not be included in their respective estates for Inheritance Tax purposes.

 

Take a look under the heading "When a beneficiary or a 'donee' has to pay Inheritance Tax" here for information on the circumstances when the recipient of a gift may have to pay some Inheritance Tax. This will only apply to deceased estates which cannot pay the IHT from the deceased's assets. The rule is designed to deter people giving away most or all of their assets late in life to avoid IHT. It is possible to take out a term assurance policy to cover a potential IHT liability.

 

As an individual who has made a gift gets closer to the seven year cut off point, the potential IHT liability on those gifts is reduced from the end of the third year as you will see under the heading "Applying ‘Taper Relief’ to gifts" here.

 

I hope this helps but let me know if you have any further questions.

TonyTax and other Tax Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your answer.


 


With regards XXXXX XXXXX uncle (who will be contributing £220,000.00) who is not a british citizen and lives outside the EU does this make any difference or are there any further tax implications?

Expert:  TonyTax replied 3 years ago.

If your uncle is not domiciled in the UK, only his UK based estate is potentially liable to UK Inheritance Tax. This does not, however, include UK bank accounts denominated in foreign (non-Sterling) currency. It would be a good idea for your uncle to make his gift to you from assets or funds held outside the UK.

 

You should warn your bank in advance of the substantial transfers from your father and uncle in to your account to avoid delays caused by money laundering rules and to have each of them write you a letter confirming the gifts so you have proof of the provenance of the money.