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bigduckontax, Accountant
Category: Tax
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Our daughter has recently split from her husband and we are

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Our daughter has recently split from her husband and we are starting afresh with her and her children, buying a fresh house for us all to live together. We have sold our house and she is putting approx £50,000 into the new house. However she is still part owner of her old marital home and so if we give her a formal % interest in the new title we will incur considerable additional stamp duty on the purchase under the 'second homes' rules.
She is prepared to gift us the £50,000 and not be given a legal interest in the title at the moment. What would the tax implications of this be for her as giver and ourselves as receiver of this. Would it be better if she made us a loan?

Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.

If she gifts you 50K this creates a Potentially Exempt Transfer (PET) in her Inheritance Tax (IHT) affairs. PETs run off at a taper over seven years and in the event of the death of the donor are added back to their estate. PETs are the first to suffer IHT and if the estate is insufficient to pay the tax on the PET the liability cascades down to the beneficiary for immediate payment. The classic defence against this is a reducing term life insurance policy. The problem with a loan is that she could always ask for its repayment and if she dies unexpectedly her executors or administrators will call it in. She would be well advised to put a 50K charge on the property in the Land Charges Register to protect her position. Families have been known to fall out, you know!

You will not incur the 3% SDLT surcharge, she will. If the marital home is disposed of within three years then she will be able to reclaim the surcharge from the Stamp Office.

I do hope that you have found my reply of assistance.

Customer: replied 1 year ago.
Thanks. At the moment it seems most unlikely that she would incur IHT as she is worth about £200k, so that seems a risk worth taking. If she did put a 50K charge on the property in the Land Charges Register to protect her position would that not cause her to incur the SDLT we are trying to avoid?

You may well be right as IHT does not kick in until assets exceed 325K and that is, in any event, inflated by any inter spousal and charitable bequests.

Here is the Gov UK's guidance on SDLT:

'You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England, Wales and Northern Ireland.' Taking a charge is not buying and in any event 50K is well below the 125K starting point for the tax.

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