Gifting large sums to family...
Gifting large sums to family...
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Council Baby

Original Poster:

19,746 posts

220 months

Tuesday 3rd July 2012
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Hypothetically speaking:

If I wanted to give my father a large sum of money, that was fully legal, taxed etc. Enough that he'd never have to work again. What would the tax implications be for him? Let's use £2million as an example.

So, I BT him £2million that I've already paid every due tax on, it's a genuine gift, not worked for, not owed, just a son handing his father retirement on a plate.

How does it work for him in HRMC terms?

One for Eric perhaps?

Jobbo

13,871 posts

294 months

Tuesday 3rd July 2012
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You can't be certain that all taxes have been paid - if you died within 7 years of the gift then it would be subject to inheritance tax, for instance. But otherwise, it's a gift to your dad so he doesn't pay income tax on it.

sumo69

2,164 posts

250 months

Wednesday 4th July 2012
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Have you thought about the implications if he was to meet an early demise?

You would inherit your money back from him net of inheritance tax!!

Surely there must be better ways?

David

Council Baby

Original Poster:

19,746 posts

220 months

Wednesday 4th July 2012
quotequote all
It's purely hypothetical of course, just a conversation I was having with a colleague that threw up some questions. Already this thread throws up some more such as the above!

So is there a way that it could be done removing the risks noted above?

Jobbo

13,871 posts

294 months

Wednesday 4th July 2012
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Life insurance written in trust to cover the cost of inheritance tax would be one way of mitigating the risk of you carking it within 7 years - but basically you'd need specific advice on a specific set of circumstances. There are all sorts of things to consider but you may as well start here: http://www.moneysavingexpert.com/family/inheritanc....

tuffer

9,011 posts

297 months

Wednesday 4th July 2012
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Son, I've been looking for you for so long.........

illmonkey

19,827 posts

228 months

Wednesday 4th July 2012
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What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!

davidsp80

63 posts

173 months

Wednesday 4th July 2012
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illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This must be the best way

Eric Mc

125,754 posts

295 months

Wednesday 4th July 2012
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davidsp80 said:
illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This must be the best way
If he's spending what you look on as your money, he is technically stealing it.

If you are allowing him access to what is initially your money, the moment he spends it it becomes a gift to him.

illmonkey

19,827 posts

228 months

Wednesday 4th July 2012
quotequote all
Eric Mc said:
davidsp80 said:
illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This must be the best way
If he's spending what you look on as your money, he is technically stealing it.

If you are allowing him access to what is initially your money, the moment he spends it it becomes a gift to him.
But CB isn't going to report it as a theft is he.

It'll also be a massive job to track every transaction down to who spend it out of the account.

TwigtheWonderkid

49,158 posts

180 months

Wednesday 4th July 2012
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illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This is the answer. Account in your name, he takes money when he wants to spend as he wants. If he dies early, what's left is yours. Problem comes if you die early. How does he get the money that's left that you wanted him to have? How about a joint account?

illmonkey

19,827 posts

228 months

Wednesday 4th July 2012
quotequote all
TwigtheWonderkid said:
illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This is the answer. Account in your name, he takes money when he wants to spend as he wants. If he dies early, what's left is yours. Problem comes if you die early. How does he get the money that's left that you wanted him to have? How about a joint account?
That's what I meant.

Eric Mc

125,754 posts

295 months

Wednesday 4th July 2012
quotequote all
illmonkey said:
Eric Mc said:
davidsp80 said:
illmonkey said:
What problems would there be if he had access to an account in your name with the £2mil in it? He just buys stuff/sets up DD's as he pleases. Still your money, he's just spending it!
This must be the best way
If he's spending what you look on as your money, he is technically stealing it.

If you are allowing him access to what is initially your money, the moment he spends it it becomes a gift to him.
But CB isn't going to report it as a theft is he.

It'll also be a massive job to track every transaction down to who spend it out of the account.
Ah - the old, "if we don't tell them they won't know" approach - usually referred to as "fraud".

As you say, keeping track of the expenditure would be a nightmare and something the "giftor" would have to do in orde to monitor totals for IHT purposes.

davidsp80

63 posts

173 months

Wednesday 4th July 2012
quotequote all
Eric Mc said:
Ah - the old, "if we don't tell them they won't know" approach - usually referred to as "fraud".

As you say, keeping track of the expenditure would be a nightmare and something the "giftor" would have to do in orde to monitor totals for IHT purposes.
So is this not allowed? Joint account?

What's the best way then?

Eric Mc

125,754 posts

295 months

Wednesday 4th July 2012
quotequote all
davidsp80 said:
Eric Mc said:
Ah - the old, "if we don't tell them they won't know" approach - usually referred to as "fraud".

As you say, keeping track of the expenditure would be a nightmare and something the "giftor" would have to do in orde to monitor totals for IHT purposes.
So is this not allowed? Joint account?

What's the best way then?
It's not that it's not allowed.

But a "Gift" is a "Gift" - mo matter what mechanism is used to enable the recipient of the gift access to that gift.

Look on it this way. You have a cardboard box with £10,000 in it.

You could simply hand the box to a person and say here is £10,000 for you to keep.

You could alternatively leave the box in handy loaction and allow the recipient to take the cash out of the box piecemeal.

You are still gifting £10,000 and the rules regarding the gift are exactly the same.

The only way to avoid IHT is to go about it properly using trusts ec.

However, don't forget that IHT thresholds are pretty high.

walm

10,644 posts

232 months

Wednesday 4th July 2012
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Eric Mc said:
However, don't forget that IHT thresholds are pretty high.
This is a good point.

If the OP's Dad could keep expenditure in the "threshold/7" range per annum then there would never be any IHT, right?

Right now that's £325k - so nearly £50k a year, which is close to a £70k gross income.

Most of the country would KILL to have that kind of retirement!


The other important one to consider would be that trick with buying him a place to live and letting him live there for a good deal while the OP maintains ownership.

So rather than giving him loads of cash to spend on rent/mortgage, you just significantly lower that cost for him.
(Plus give him the above allowance...)


But as Eric says for this kind of amount you need professional advice, not the idle speculation of internet goons.

Jobbo

13,871 posts

294 months

Wednesday 4th July 2012
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walm said:
The other important one to consider would be that trick with buying him a place to live and letting him live there for a good deal while the OP maintains ownership.
Depending on how you structure this, it could either be a gift, a gift with reservation, or end up being part of your estate because it doesn't effectively pass to the intended beneficiary.

amirzed

1,788 posts

206 months

Wednesday 4th July 2012
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If you just pay hor his 'lifestyle' then it won't come under the realms of gifts or IHT as long as your spending on him is not detrimental to your own lifestyle.

That would be the easiest way out.

dirty boy

14,866 posts

239 months

Wednesday 4th July 2012
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A friend of mine has a wealthy father. He's not only bought him a couple of houses (plus his resident home) but also 'gifts' him £1000 a month pocket money.

This friend of mine is doing very well already, and certainly doesn't need the extra money, but I believe monthly gifts are exempt, as long as they don't impact your capital. Although i'm not certain to be honest, not something I get involved in.

sideways sid

1,466 posts

245 months

Thursday 5th July 2012
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walm said:
But as Eric says for this kind of amount you need professional advice, not the idle speculation of internet goons.
Ditto this would need professional advice, but one hypothetical way of partially meeting the OP's hypothetical requirement would be to put the £2m into Trust with the OPs father able to benefit from all Trust income but with capital reverting to the OP on the death of the father, or being passed to the father if the OP dies first.

I believe (the idle speculation of an unqualified internet goon here & not to be relied upon) that the Trust can be structured so that the father can also receive a fee from the Trust paid from the capital. Together this could provide OP's father with a six-figure income to help in retirement.