Don’t Get Caught Out: The Rules on Gifting Property to Children

While it is possible to gift your home to your children, there are numerous implications. It is important to understand the effect the gift could have on your rights.  Also to be considered is the effect on the financial position of both you and your children, and what tax or other liabilities could arise. Additionally, it is not legally possible to give away a property to reduce your liability for future care home costs.  We look at the rules for gifting property to children.

Gifting a home to your children can be a good way to pass on some of your assets during your lifetime. It can offer them financial assistance, and give you the opportunity to see them enjoy your gift. However, because of the wide-ranging effects of gifting property, you should take independent legal advice before you go ahead.

Do you avoid Inheritance Tax if you give your house to your children?

If you survive for a further seven years after you give away an asset, then your estate will not be charged Inheritance Tax (IHT) on the value of the asset. Should you die before seven years have elapsed, IHT is payable on the value of the asset on a sliding scale, as follows:

The usual rate of IHT is 40%. Your estate will benefit from an initial tax relief of £325,000, meaning the tax is only payable on the value of the estate above this threshold.

Other reliefs may be available, including relief not used by your spouse’s estate.  Property relief of £175,000 for both you and your spouse if you leave a property to your direct descendants, usually children or grandchildren. You could therefore have a relief of up to £1 million.

To ensure that you are handling your IHT situation in the most effective way possible, you are strongly advised to speak to a legal expert before taking action. A qualified solicitor will be able to draw up the necessary paperwork to transfer the legal title, if this is the best option for your circumstances.

Can you avoid paying care home fees if you give your property away?

You cannot give your property away to avoid paying future care home fees. This is known as deliberate deprivation of assets.  Local authorities have the power to set aside transfers carried out to avoid care home fees. There is no time limit on this, and the power extends to other assets as well as property.

Can you stay living in your home after you give it to your children?

If you remain in the property after gifting it to another party, this is known as a ‘gift with reservation of benefit,’ or GROB.  Retaining any benefit in the property, means your estate is still required to pay IHT on the value of the property.

You should also be aware that once you have gifted the property, you no longer have any say over what happens to it.  You could be required to leave at any point. This includes if you were to fall out with your child, or if they were made bankrupt or went through a divorce.

Does Capital Gains Tax apply if you give a house to your children?

Capital Gains Tax (CGT) is not payable on the sale or transfer of your main home. However, for all other property, it is. Therefore, if you give your children your second property or holiday home, you will pay CGT on any increase in value.

Implications for those receiving the gift

There may also be implications for the individual receiving the property. These include:

• The risk of losing all or part of the property if they go through a divorce or bankruptcy
• The risk of losing benefits if they receive a home or other valuable asset
• Increased Stamp Duty and higher mortgage rates if they decide to buy another property.  This would be classed as a second home.

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