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Readers’ forum: Potential issues with property transfers

09 May 2023
Issue: 4887 / Categories: Forum & Feedback , Inheritance Tax , Lifetime gifts
POAT charge

An elderly client has gifted the following properties to her son:

  1. A gift of property 1 worth £0.5m three years ago. CGT paid on transfer.
  2. A gift of property 2 worth £0.75m two years ago. CGT paid on transfer.
  3. Sale of property 3 for £1m one year ago and the proceeds gifted to her son.

The son is now planning to sell properties 1 and 2 and buy a house with four floors for about £3m. Along with the proceeds received (including 3) he will use his own £0.75m to make up the difference. The idea is that the ground floor will be for the mother’s occupation (as she has mobility issues) and they are looking for a self-contained unit with its own bathroom and kitchen.

The mother is not expected to pay rent. The son will also pay any pre-owned assets tax (POAT) charge arising on behalf of...

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