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TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15979
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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May parents own a property that they own together and reside

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may parents own a property that they own together and reside at. Currently have a outstanding mortgage of approx. £30k. They purchased the property in 1999 for approx. £95k. the current value is approx. £350k.
My Father is currently retired and my mother is not working as she is been signed off as medically unfit to work due to injury she suffered few years back.
what are the tax implications (inheritance, CGT, SDLT etc) if they gift the whole property to me?. as a mutual agreement, if they gift/transfer the property then I will have to pay off the outstanding mortgage of £30k they own to the mortgage lenders directly. in order to do that I'm borrowing from a lender who has agreed to pay that and they will have a charge on the property once it has been transferred to me.

Let me take a look at this and I'll get back to you.

Hi again.


Assuming the property has been your parents' main home since they bought it, the paper gain that will arise on any gift of it to you by them will be covered by the main residence exemption. Take a look at HS283 here for more information.


Assuming that your parents continue to live in the property after they gift it to you, it will be a gift with reservation of benefit and will remain in their respective estates until seven years after the reservation of benefit ends. If they die whilst still liviing there, then it will remain in their estates. Alternatively, they could avoid the reservation of benefit rules by paying you a market rent. Take a look for more information on gifts with reservation of benefit in IHTM04071 to IHTM04073 starting here.

In the worst case scenario, if your parents remain in the property for the rest of their lives, as well as IHT, there could be a CGT charge on you if you have to sell the house to pay the IHT. Regardless of the reservation of benefit, your cost for CGT purposes will be the value of the house when it is guifted to you. The IHT value could be significantly different.


Where no cash is involved there is generally no SDLT. However, if you take on responsibility for the mortgage, ie it is transferred to you there will be SDLT if the value of that mortgage is more than £125,000 which isn't the case here. There should be no SDLT. Take a look here for information on SDLT and transfers.

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

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