Quizzes & Puzzles12 mins ago
Moving In With My Son
11 Answers
As we are getting older and have some health problems, we would like to sell our house and use the proceeds to help our son buy a house for his family and my husband and I to share. Are there any tax implications in doing this?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Since you'll be selling your main home (rather than a second home), there's no Capital Gains Tax to pay.
You can give as much money as you like to whomever you like without paying any tax. (There's no such thing as 'gift tax').
With regard to Inheritance Tax, if the gift to your son (to help him buy the house) is only given on the grounds that you'll be allowed to live there as well then it's a 'gift with reservation' and therefore exempted from the rules which would otherwise mean that the money wouldn't count towards the estates of you and your partner when you die after 7 years has passed. So your son wouldn't be any better off with regard to Inheritance Tax than if you'd not made the gift but he'd not be any worse off either. (If, when both you are you partner are longer with us, the value of your combined estates - including any gift with reservation to your son - doesn't exceed £650,000 there's no Inheritance Tax to pay anyway).
So I can't see any potential pitfalls in what you're proposing.
You can give as much money as you like to whomever you like without paying any tax. (There's no such thing as 'gift tax').
With regard to Inheritance Tax, if the gift to your son (to help him buy the house) is only given on the grounds that you'll be allowed to live there as well then it's a 'gift with reservation' and therefore exempted from the rules which would otherwise mean that the money wouldn't count towards the estates of you and your partner when you die after 7 years has passed. So your son wouldn't be any better off with regard to Inheritance Tax than if you'd not made the gift but he'd not be any worse off either. (If, when both you are you partner are longer with us, the value of your combined estates - including any gift with reservation to your son - doesn't exceed £650,000 there's no Inheritance Tax to pay anyway).
So I can't see any potential pitfalls in what you're proposing.
It would make most sense to have you, your husband and your son registered as 'joint tenants' of the house.
Then when one of you dies the other two AUTOMATICALLY become joint owners of the property. (Nothing that's written in the will of the deceased person can affect that).
Again, when the second person dies, whoever's left alive (which will probably be your son but might not be) will AUTOMATICALLY own the property outright.
Further, it guards against a family rift which could otherwise leave your son in a position to throw you out of the house.
Then when one of you dies the other two AUTOMATICALLY become joint owners of the property. (Nothing that's written in the will of the deceased person can affect that).
Again, when the second person dies, whoever's left alive (which will probably be your son but might not be) will AUTOMATICALLY own the property outright.
Further, it guards against a family rift which could otherwise leave your son in a position to throw you out of the house.