gift of property

[tamborine]

can my property be land Registered in anothers name without their knowledge

[boxtops]

I don't think so - it could land them unknowingly in a lot of trouble for tax etc., surely, it would be a capital asset?

[atalanta]

Yes, it can be, but you risk problems. It requires a deed of gift, preferably drawn up by a solicitor. This happened to me. I found I had been donated a piece of land, ( years ago) but the former owner kept receiving the rent. This meant that when I found out ( when the lease had to be renewed) I had to pay a gift tax of about 40 % of the value.
Do please get proper legal advice about this. It also matters if you are facing death, and are trying to avoid inheritance tax. You can't.

[FredPuli43]

Why do you ask ? Are you concerned about fraud, someone registering land and 'stealing' it ?

[FredPuli43]

If you are not concerned about a 'gift' which is not genuine but forgery to give the appearance of gift, the answer is that unless the land is land which attracts relief from tax; agricultural land, for example, generally has 100 per cent agricultural relief,;there will be a basic tax of 40 per cent, save where the value of the deceased's estate, including that land, is below the inheritance tax threshold or where the gift is to the spouse. If 7 years have passed from the date of gift and the gift was without reservation i.e. the giver retains no interest, doesn't use the land or continue to occupy it, gets no benefit from or 'enjoyment' of it, then no tax is payable on the subsequent death of the giver. If the gift is without the knowledge of the recipient, that 'without reservation' condition is unlikely to be met;who will have had 'enjoyment', benefit etc of it, if not the donor?

[bednobs]

Also, on a practical level, if you register a property in someone elses name and they don't know, when you die, if you still haven't told them, how would they ever know? You wont be able to mention it in your will as you dont even own it