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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13888
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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My partner (not married) moved out of his residential and

Customer Question

My partner (not married) moved out of his residential and turned his property into a buy to let (so had lived in it). He is now looking to gift his property and remain paying the mortgage and receive rent. What taxes would apply in this situation. CGT free if gifted within 7yr rule. He will have to pay income tax on rent earning. How does this fit with pre owned assets legislation or gift reservation tax regime? Thank you
Submitted: 11 months ago.
Category: Tax
Expert:  Sam replied 11 months ago.

Hi

Thanks for your question - I am Sam and I am one of the Uk tax experts here on Just Answer.

First its unlikely that hr will be able to gift this property whilst it still has a loan/mortgage on it. So he may wish to look into this a little furtehr to see is this is possible.

But if he can gift the property then the rental income would no longer legally be his and would be that of the persons whose name the property has been placed into - and they would be liable to tax on this.

The 7 year rule has nothing to do with capital gains - this relates to Inheritance tax - which states should a gift be made and within 7 years the giftor passes away (the person making the gift) then it will be treated as still being part of their estate for Inheritance tax purposes.

The gift with reservation only applies when a main home is gifted and the original owner remains living there - so this would not apply in this case. Nor would pre owned asset tax which also relates to the same thing.

AND there will be a capital gain consideration as your partner is gifting a property that is no longer his main residence.

So to recap

Its unlikley he can legally gift this property as it has a mortgage still on it

If it can be gifted he cannot continue to receive the rental income as the property would no longer legally be his

Capital gains will apply on any profits made on this property since its purchase and the date its gifted (although releif is due for the time it was the main residence and the last 18 months of ownership and possibly private lettings relief -)

Inheritance tax could be will be a consideration should your partner die within 7 years of gifting this property (but of course this is only f his total estate and this property are in excess of £325,000)

Thanks

Sam

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