Not a gift, no a loan?!?

Not a gift, no a loan?!?

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Discussion

LeoSayer

Original Poster:

7,363 posts

250 months

Tuesday 6th October 2009
quotequote all
A relative wants me to look after a 5-figure some of money for him for an unspecified period. He's not interested in interest, just wants a safe haven where he can't spend it.

It will be useful for me to reduce the interest payments on my offset mortgage.

Are there any tax implications for me, other than IHT?

Wings

5,838 posts

221 months

Tuesday 6th October 2009
quotequote all
I would think HMR&C might consider the interest saved on your mortgage might/should be taxed as income.

audi321

5,443 posts

219 months

Wednesday 7th October 2009
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There's no implications whatsoever (other than IHT within 7 years)

As the money isn't generating you income, there is no tax due. Offset mortgages have been challenged and approved by the revenue, so don't worry

Eric Mc

122,685 posts

271 months

Wednesday 7th October 2009
quotequote all
Depending on the areas you operate in, there could be Money laundering implications. A couple of years ago, a solicitor received a six month jail sentence for "minding" a sum of money on behalf of one of his clients. He had received no benefit from the deal apart from a small amount of interest (which he declared correctly for tax purposes) and the pleasure of being nice to one of his clients.

Before accepting the money, I would be inclined top ask the individual "why" he wants to make this arrangement.

Tiggsy

10,261 posts

258 months

Wednesday 7th October 2009
quotequote all
If you are using it for your benift (reduce mortgage) then how is it NOT a loan? You need a simple agreement stating that its an interest free loan redemable when he wants. IHT is not relevant as its a loan not a gift.

Although...as Eric says....if your relative is a baddie then you may come a cropper.

LeoSayer

Original Poster:

7,363 posts

250 months

Wednesday 7th October 2009
quotequote all
Thanks everyone. I agree that it will be a loan in effect.

I am satisfied that the source of the money is legitimate!

I'll just have to restrain myself not to invest it in a GT3 or similar.

V8mate

45,899 posts

195 months

Wednesday 7th October 2009
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Why doesn't your friend just put it in a fixed term savings account which doesn't permit early withdrawals?

Current plan sounds very fishy. Who is he hiding it from? Is he going through a divorce?

Soovy

35,829 posts

277 months

Wednesday 7th October 2009
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This sounds SO VERY WRONG.

Why doesn't he just put it in a savings account?


I'd run a mile.

LittleMiss

173 posts

181 months

Wednesday 7th October 2009
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What happens to the money if you die whilst it is in account in your name?


V8mate

45,899 posts

195 months

Wednesday 7th October 2009
quotequote all
LittleMiss said:
What happens to the money if you die whilst it is in account in your name?
Leo Sayer's kids have to pay inheritance tax on it hehe

Eric Mc

122,685 posts

271 months

Wednesday 7th October 2009
quotequote all
LeoSayer said:
Thanks everyone. I agree that it will be a loan in effect.

I am satisfied that the source of the money is legitimate!

I'll just have to restrain myself not to invest it in a GT3 or similar.
Have you taken reasonable steps to ensure this. Merely asking the realtive "Is this kosher?" will not stand up in court.

Soovy

35,829 posts

277 months

Wednesday 7th October 2009
quotequote all
Eric Mc said:
LeoSayer said:
Thanks everyone. I agree that it will be a loan in effect.

I am satisfied that the source of the money is legitimate!

I'll just have to restrain myself not to invest it in a GT3 or similar.
Have you taken reasonable steps to ensure this. Merely asking the realtive "Is this kosher?" will not stand up in court.
THIS.


If this is not kosher, you could VERY EASILY end up in PRISON for Money Laundering.

I wouldn't risk it.

Tell him to put it into premium bonds or something.


This stinks.

LeoSayer

Original Poster:

7,363 posts

250 months

Wednesday 7th October 2009
quotequote all
The thing is, I know the relative and his finances pretty well as he comes to me for advice, such that I am able to provide. He has a deep distrust of anyone in the Finance industry, except me.

He got into serious debt around 10 years ago and I helped him plan how to pay this off. Through long hours of work he did that and increased his pension as well. When he turned 60 he got lump sums from his pensions and I helped him set up ISAs and other savings accounts to get the best interest rates.

Of course, I have no proof that this is the source of money of this as he has all the documentation, but I could certainly get the proof if required.

Now that he is thinking of stopping work, he doesn't feel he can be trusted with such a large amount of money under his control and he is earning sod-all interest on it anyway. It will also prevent him from 'loaning' the money to someone less trustworthy than me.

One thought crossed my mind...by lending/giving the money to me, could his reduced savings enable him to claim enhanced benefits from the DSS?

I'm going to refuse, but am trying to work out exactly what his motives might be.

Soovy

35,829 posts

277 months

Wednesday 7th October 2009
quotequote all
LeoSayer said:
The thing is, I know the relative and his finances pretty well as he comes to me for advice, such that I am able to provide. He has a deep distrust of anyone in the Finance industry, except me.

He got into serious debt around 10 years ago and I helped him plan how to pay this off. Through long hours of work he did that and increased his pension as well. When he turned 60 he got lump sums from his pensions and I helped him set up ISAs and other savings accounts to get the best interest rates.

Of course, I have no proof that this is the source of money of this as he has all the documentation, but I could certainly get the proof if required.

Now that he is thinking of stopping work, he doesn't feel he can be trusted with such a large amount of money under his control and he is earning sod-all interest on it anyway. It will also prevent him from 'loaning' the money to someone less trustworthy than me.

One thought crossed my mind...by lending/giving the money to me, could his reduced savings enable him to claim enhanced benefits from the DSS?

I'm going to refuse, but am trying to work out exactly what his motives might be.
He should lock the money into an investment which he can't touch.

I'd be very concerned about this. The posting above sounds like a witness statement in a fraud case which won't be believed!

TooLateForAName

4,818 posts

190 months

Wednesday 7th October 2009
quotequote all
LeoSayer said:
One thought crossed my mind...by lending/giving the money to me, could his reduced savings enable him to claim enhanced benefits from the DSS?
No.



Or at least, not legally.

Iain328

12,697 posts

212 months

Wednesday 7th October 2009
quotequote all
Safety deposit box - you keep the key for him. Simples!! biggrin

Alternatively he should stick it into a pension or endowment fund - he'd be bloody lucky to get it back out of either of those!! hehe

Edited by Iain328 on Wednesday 7th October 21:04

Soovy

35,829 posts

277 months

Wednesday 7th October 2009
quotequote all
Iain328 said:
Safety deposit box - you keep the key for him. Simples!! biggrin
Good answer.

LeoSayer

Original Poster:

7,363 posts

250 months

Wednesday 7th October 2009
quotequote all
My wife and I told him no.

He also tried the same on with another relative.

He's a bit of a nightmare when it comes to money, we are dreading to find out what he will do with it.

Soovy

35,829 posts

277 months

Wednesday 7th October 2009
quotequote all
LeoSayer said:

He's a bit of a nightmare when it comes to money
........ and you even had to come on here and ask us..........?????????????