Passing on the family home

Pat_SmithPat_Smith Posts: 2,104
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Wondering if anyone knows this.

Grandparents, parents and children live in the same house (whose value exceeds the inheritance tax threshold).

Grandparents die, house passes to parents who continue to live in the house as their only residence.

Parents die, house passes to children who continue to live in the house as their only residence.

Etc.

Is inheritance tax due? The house remains the only residence and only owned property.
«13456710

Comments

  • Vast_GirthVast_Girth Posts: 9,793
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    Yes. When the ownership of the property passes from parents to their children, inheritance tax will be due. Who lives where is irrelevant.
  • c4rvc4rv Posts: 29,598
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    yeap, payable on each transfer.

    Note when one grandparent dies then their allowance is passed to other grandparent if they are still alive but tax will be payable, if its worth more than combined allowance then guess what, you'll be paying tax again when second grandparent dies.

    Same situation when it passes to children. So you might want to consider going straight from grandparent to child. However make sure everyone has sought legal advise to stop the children kicking the parents out and potentially other tax liabilities,
  • elliecatelliecat Posts: 9,890
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    You could pass it on as a gift but if the grandparents/parents die in the 7 years following you would have to pay Inheritance tax. My Dad is doing that with our inheritance, we get some money here and there ( money for deposits for houses, money for weddings or cars).

    http://www.telegraph.co.uk/finance/personalfinance/tax/10664846/Can-I-pass-my-properties-to-my-children-and-cut-my-tax-bill.html
  • Me-CheetahMe-Cheetah Posts: 599
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    If the grandparents are the owners then, as mentioned above, tax is payable by the inheritors regardless of residency.

    However, simply passing ownership on to the next generation isn't necessarily the solution, as the parents or children may die before the grandparents.

    Becoming tenants in common is one way to help manage issues of inheritance tax, as well as trusts etc

    A specialist solicitor would be your best bet.
  • What name??What name?? Posts: 26,623
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    elliecat wrote: »
    You could pass it on as a gift but if the grandparents/parents die in the 7 years following you would have to pay Inheritance tax. My Dad is doing that with our inheritance, we get some money here and there ( money for deposits for houses, money for weddings or cars).

    http://www.telegraph.co.uk/finance/personalfinance/tax/10664846/Can-I-pass-my-properties-to-my-children-and-cut-my-tax-bill.html

    Not if you want to continue to use it. Because if you continue to live there the taxman will know its not a genuine gift but attempted tax fraud.

    You could skip a generation to avoid 2 sets of tax if you trust the grandkids or put the house in everyone's name - but you would risk one of them deciding to force a sale if there is a falling out later.
  • TeganRhanTeganRhan Posts: 2,947
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    Can I ask, what is the % of tax and what happens if the children can afford it?
    Example- I don't know what the thresh hold is but say a house worth £1 million in London, been a family home for generations. Normal people living there.(not super rich)
    Parents pass and the house is left to there children who are 15& 17.
  • Vast_GirthVast_Girth Posts: 9,793
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    Not if you want to continue to use it. Because if you continue to live there the taxman will know its not a genuine gift but attempted tax fraud.

    If they have cash asserts they could gift them though, without risking the taxmans wrath and continue all to live in the same property.
  • Vast_GirthVast_Girth Posts: 9,793
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    TeganRhan wrote: »
    Can I ask, what is the % of tax and what happens if the children can afford it?
    Example- I don't know what the thresh hold is but say a house worth £1 million in London, been a family home for generations. Normal people living there.(not super rich)
    Parents pass and the house is left to there children who are 15& 17.


    If you cant pay it, you have to take out a mortgage/loan or sell the house.

    It's 40% of everything over £325k. So for a million it would be £270k tax bill. Still a nice windfall of over £300k each for the kids so I won't be shedding any tears for them.
  • TeganRhanTeganRhan Posts: 2,947
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    Vast_Girth wrote: »
    If you cant pay it, you have to take out a mortgage/loan or sell the house.

    It's 40% of everything over £325k. So for a million it would be £270k tax bill. Still a nice windfall of over £300k each for the kids so I won't be shedding any tears for them.
    I think that's unfair. What does enheritance tax go to anyway?
  • Mark39LondonMark39London Posts: 3,977
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    Go and speak with a solicitor specializing in this field. There are ways to minimize tax liabilities, but you MUST do it properly to remain legal.
  • What name??What name?? Posts: 26,623
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    TeganRhan wrote: »
    I think that's unfair. What does enheritance tax go to anyway?

    Why's it unfair. You get a £1m house for £135k each. And no bank in the world would refuse that mortgage. If they wanted to keep the place they would just have to rent it for a few years and that should subsidise them both and pay the mortgage.

    If they wanted a clean break they'd get £365k each.
  • panixspanixs Posts: 920
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    TeganRhan wrote: »
    I think that's unfair. What does enheritance tax go to anyway?

    The same place as any other tax
  • TeganRhanTeganRhan Posts: 2,947
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    Why's it unfair. You get a £1m house for £135k each. And no bank in the world would refuse that mortgage. If they wanted to keep the place they would just have to rent it for a few years and that should subsidise them both and pay the mortgage.

    If they wanted a clean break they'd get £365k each.
    Why is it unfair? Because why should someone have to pay tax on something there parents have worked hard for -and paid tax on throughout there lives-. It's owned by the parents, they wish to give it to there children, why then should the children suddenly have to find £135k to own something that's rightly there's.
    Again, what does the tax go towards?
  • Keefy-boyKeefy-boy Posts: 13,613
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    Vast_Girth wrote: »
    It's 40% of everything over £325k. So for a million it would be £270k tax bill. Still a nice windfall of over £300k each for the kids so I won't be shedding any tears for them.
    Not necessarily, as already pointed out, if one dies and leaves their estate to their surviving spouse that will not incur IHT and their tax-free band of £325K can be added to that of their spouse, effectively making a £650K tax free band when they die.
  • TeganRhanTeganRhan Posts: 2,947
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    panixs wrote: »
    The same place as any other tax
    Ok. Still don't think it's right.
    Also is the tax on the whole estate? Or on how much you inherit.
    Say you were to get £100k out if a £1 million estate, would you have to pay the tax?
  • Mark39LondonMark39London Posts: 3,977
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    TeganRhan wrote: »
    Why is it unfair? Because why should someone have to pay tax on something there parents have worked hard for -and paid tax on throughout there lives-. It's owned by the parents, they wish to give it to there children, why then should the children suddenly have to find £135k to own something that's rightly there's.
    Again, what does the tax go towards?

    It's effectively an income, that you have not worked for or paid tax on. You parents/anyone else paying tax isn't relevant.
  • TeganRhanTeganRhan Posts: 2,947
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    It's effectively an income, that you have not worked for or paid tax on. You parents/anyone else paying tax isn't relevant.
    I know people think I'm being stupid here but I don't think it's right. I don't think it should be seen as a income. It's someone's home. In the example I have of the teenagers, it's gonna be there only home...not like a nice little extra 2nd home.
    I'll never be in this position thankfully, but it's not right IMO.
  • Mark39LondonMark39London Posts: 3,977
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    TeganRhan wrote: »
    I know people think I'm being stupid here but I don't think it's right. I don't think it should be seen as a income. It's someone's home. In the example I have of the teenagers, it's gonna be there only home...not like a nice little extra 2nd home.
    I'll never be in this position thankfully, but it's not right IMO.

    You're not being stupid; it's your opinion and you are entitled to have it.

    I would ask you if you would feel the same if a friend or another family member, rather than a parent left you their house?

    However, there are ways to avoid this tax.
  • EmilyJEGEmilyJEG Posts: 539
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    TeganRhan wrote: »
    I know people think I'm being stupid here but I don't think it's right. I don't think it should be seen as a income. It's someone's home. In the example I have of the teenagers, it's gonna be there only home...not like a nice little extra 2nd home.
    I'll never be in this position thankfully, but it's not right IMO.

    I don't think it's fair either.
  • TeganRhanTeganRhan Posts: 2,947
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    You're not being stupid; it's your opinion and you are entitled to have it.

    I would ask you if you would feel the same if a friend or another family member, rather than a parent left you their house?

    However, there are ways to avoid this tax.
    :)
    No I wouldn't feel different about it. If say I left you all my worldly goods which totalled over the thresh hold, I'd want you to have them. I wouldn't want to put you in the position of having to get a mortgage or put you in financial struggle.
    I didn't leave it to the tax man, I left it to you :/
  • Pull2OpenPull2Open Posts: 15,138
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    What is the trigger amount for IHT anyway, up to what amount does it not apply? I tried to look it up but i just cant get to grips with it!
  • TeganRhanTeganRhan Posts: 2,947
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    Pull2Open wrote: »
    What is the trigger amount for IHT anyway, up to what amount does it not apply? I tried to look it up but i just cant get to grips with it!
    According to the people on here it's 325k
    Anything under that your not gonna pay IHT
  • Mark39LondonMark39London Posts: 3,977
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    TeganRhan wrote: »
    According to the people on here it's 325k
    Anything under that your not gonna pay IHT

    Yes, currently it is £325k.

    Info here. (this link includes gifts etc)
  • Pull2OpenPull2Open Posts: 15,138
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    TeganRhan wrote: »
    According to the people on here it's 325k
    Anything under that your not gonna pay IHT

    Oh, I thought that was an example amount, I've not seen that amount anywhere else. Not saying it isn't though.
  • FanielleFanielle Posts: 1,251
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    https://www.gov.uk/inheritance-tax/overview

    I'm on my phone so not sure if I've managed to add a link. However the government website is the first site that comes up when you google "inheritance tax threshold"

    There's been talk of the threshold raising to £1million with the next budget
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