Tax issues with charging below market rent to help a relative?

Tax issues with charging below market rent to help a relative?

10:56 AM, 10th September 2013, About 11 years ago 35

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Can anyone think of any potential tax or legal implications with letting out a property at below market rent to help a close relative? Tax issues with charging below market rent to help a relative?

I would of course put it all on a formal basis having no desire for a family relationship to sour due to financial reasons!

A close relative has recently returned after 7 years abroad. They have no credit rating, having left the UK as a young adult and lived in a country with a “closed” currency. In order to help until they have built up a credit rating, I am in a position to purchase a property on a BTL mortgage, and let it to them at a rent equal only to the mortgage payments. They would then be able to save for a deposit with the saving. I have no wish to make a profit from this relative, only to help until they have the 3 years credit rating the bank is asking for. There would be a time limit on the arrangement, which they know, being keen themselves to climb the property ladder.

Are there any legal or tax pitfalls awaiting us?


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TJ

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9:11 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "Neil Barlow FCCA ATT" at "10/09/2013 - 15:39":

I have a dear family friend aged 87 who would like to sign over her London flat to her daughter now, so that there will be no inheritance tax when she dies (if she lives more than the statutory 7 years after signing it over as a gift). If she continues to live in the flat and pays her daughter a nominal rent of, say, £10 per month would that work please? She is a pensioner and cannot afford to pay more. At the moment the flat is mortgage free and the value is within the CGT allowance. Thank you.

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11:07 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "T Juna" at "12/09/2013 - 09:11":

Might be worth taking professional advice on the use of a trust in these circumstances. Also may help with protecting it from being claimed to pay care home fees later in life.

Neil Barlow FCCA ATT

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11:27 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "T Juna" at "12/09/2013 - 09:11":

I note from your post that your friend wishes to reduce the value of her estate for Inheritance Tax purposes by gifting her home to her daughter. Before making the gift, I would recommend that your friend obtains some professional advice on this matter. Initially, I would suggest that your friend's Will is reviewed and her potential IHT position is estimated. Following this, your friend may wish to consider effective ways to plan to reduce any IHT liability that may arise. If your friend would like to contact us for a free initial consultation, we would be pleased to discuss this with her.

With regards to your query, I am always concious that specific advice should not be given in a open forum when not in possession of all of the facts. However, as a general point, your friend will need to ensure that she does not fall foul of the rules that apply to gifts with reservation of benefit.

Mark Alexander - Founder of Property118

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11:30 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "Jerry Jones" at "12/09/2013 - 11:07":

Good point Jerry, I hadn't thought of that.

I remember attending a seminar hosted by Heritage Legal and Financial about these trusts a few years back. My recollection is that they dealt with this situation perfectly.

The Director I spoke to their was called Kathy. I've looked up their website and found this link to their page on Property Protection Trusts, please see >>> http://www.heritagewills.co.uk/property-protection-trust.htm. I not sure whether this is the ideal product for the circumstances but it looks like a good starting place. Always seek professional advice. If anybody reading this does contact Kathy please send her my regards and tell her she ought to become a business sponsor of Property118 🙂

Link to our business sponsorship page >> http://www.property118.com/business-sponsorship/
.

TJ

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11:34 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "Neil Barlow FCCA ATT" at "12/09/2013 - 11:27":

What are the rules with gifts with reservation of benefit please?

Mark Alexander - Founder of Property118

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11:48 AM, 12th September 2013, About 11 years ago

Reply to the comment left by "T Juna" at "12/09/2013 - 11:34":

May I respectfully suggest that you take a look at Neil's member profile and make contact and take him up on his very generous offer of a free initial consultation.

Puzzler

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16:12 PM, 14th September 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "12/09/2013 - 11:30":

I believe the Property Protection Trust method of protecting a spouse's estate so that double the threshold can pass on free of IHT has been superseded by the new tax rule that the first spouse's nil rate band is now transferable - changed in 2007.

Puzzler

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16:21 PM, 14th September 2013, About 11 years ago

Reply to the comment left by "T Juna" at "12/09/2013 - 09:11":

Do you mean CGT? I presume not. If you mean Inheritance Tax and her estate is less than £325K there is no need to do the gift. If not, then the gift would not help with IHT planning as if she remains in it she hasn't truly gifted it (hence gift with reservation of benefit). Also with all best wishes if she is 87 the likelihood of surviving another 7 years is not that great and the tapering is not very favourable until the latter end of the seven years.

So either it's not necessary or there is very little to be gained. Also should she need care in future then she would need her funds for that.

Puzzler

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16:23 PM, 14th September 2013, About 11 years ago

Reply to the comment left by "Carol Thomas" at "11/09/2013 - 18:46":

His interest in the property will still be part of his estate for IHT purposes.

Mark Alexander - Founder of Property118

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18:25 PM, 14th September 2013, About 11 years ago

Reply to the comment left by "Puzzler " at "14/09/2013 - 16:12":

I pretty sure we are discussing different things Puzzler, to be absolutely certain please take a look at the link I posted.

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