Last week a client contacted me to ask about putting a share of his home into the names of some of his children. He wanted it done as soon as possible in case the Chancellor made more changes to tax laws.
On discussing with him, he revealed the house is in the names of himself and his wife and it has equity release on it.
I advised there was no possibility of this being done in a rush because:
- The equity release provider would need to be consulted and give permission: it is likely they will refuse, as the children are below the age threshold.
- His wife would need to understand and agree to the proposal.
- Had they thought about what would happen if they needed nursing care?
- As they had other children and wished to treat them equally, how would they achieve this?
- If the children did not live in the property, the disposal might not even work for IHT savings.
The children would need advice on the implications of ownership for themselves
He then proposed giving away a share of another property they owned: this would be possible, but there could be Capital Gains Tax to consider, as even a gift can crystallize a capital gain.
This is just an indication of the issues that need to be considered if you want to make gifts to try and save the IHT payable on death. It is not easy!
So, what can you do?
- Firstly, value your assets. Most couples can leave £1m tax-free if they inherit from each other and their immediate family inherits on the second death, so IHT may not be a problem for you at all.
- Use your annual exemptions: £3k per person & a “carry forward” of the previous year’s exemption, if unused. A couple can potentially give away £12k before April 6 & a further £6k after April 6.
- If you are fortunate to have surplus income, consider giving it away. This is uncapped: if you have a £1m surplus income, this can be given away with no tax consequences & no 7-year survival rule. You do need to calculate a proper budget: you cannot “dip into” capital & pretend it is surplus income. The Revenue will enquire when you die! There are certain rules that need to be followed for this gifting to be effective, so please take advice.
If you are thinking of substantial disposals, please consult your lawyer/accountant.