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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15940
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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We are planning to purchase a buy to let property with the

Resolved Question:

We are planning to purchase a buy to let property with the intention in the long term to give this property to our children. Is it possible to add the children to the deeds to the properties? What are the tax implications of doing this?
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.

Hi.

If you buy the property now and give it away to your children in several years time will possibly leave you with a liability to Capital Gains Tax based on the increase in value of the property. In addition, you will have made a gift for Inheritance Tax purposes equal to the value of the property on which an IHT liability may arise should you die within seven years of the making the gift.

A child under 18 cannot own property. If your children are under 18, you can create a bare trust in which you hold the property as nominees or trustees. As the parents, you will be taxed on any income over £100 from any asset given to a minor child. However, if the property is sold, the children will be assessed on any capital gains.

As age 18, the children will be able to take possession of the property and do what they want with it which may be a problem.

An alternative is to set up a discretionary trust as described n the article here. However, this is a more complicated arrangement and there are potential IHT implications depending on the value of the property when it is put into the trust and every ten years thereafter and on its exit from the trust.

The notes here may be of interest.

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

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