gift tax
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Discussion

anonymous-user

Original Poster:

84 months

Wednesday 13th June 2012
quotequote all
If I bought 100k worth of gold and sold it to someone for 1 pound, are you breaking any tax laws here, for the other person to declare true value.

sidicks

25,218 posts

251 months

Wednesday 13th June 2012
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billybob69 said:
If I bought 100k worth of gold and sold it to someone for 1 pound, are you breaking any tax laws here, for the other person to declare true value.
No idea, but I'll have some of that.

Do you accept Paypal??
smile
Sidicks

Eric Mc

125,754 posts

295 months

Thursday 14th June 2012
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Not breaking any law.

Indeed, you would not be breaking any law if you gave it away for nothing. If you want to give somebody something of such a value, that is entirely your perogative.

But don't die within seven years.

zbc

1,061 posts

181 months

Thursday 14th June 2012
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Surely unless HMRC thought that it was actually a disguised payment. Your friend "volunteers" to build a house for you and then because you're all happy and stuff you decided to sell him 100k of gold for 1 pound. Then someone might get interested.

TwigtheWonderkid

49,158 posts

180 months

Thursday 14th June 2012
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Eric Mc said:
Not breaking any law.

Indeed, you would not be breaking any law if you gave it away for nothing. If you want to give somebody something of such a value, that is entirely your perogative.

But don't die within seven years.
^^^^THIS.

It's the biggest urban myth going, that you can't give someone a gift or they'll have to pay tax on it. You can give anybody as much as you choose, but if you die within 7 yrs there will be tax to pay.

bing

1,946 posts

268 months

Thursday 14th June 2012
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So how do you officially 'gift' something to someone. Do I need a legal letter or something?

raptor600

1,356 posts

176 months

Thursday 14th June 2012
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bing said:
So how do you officially 'gift' something to someone. Do I need a legal letter or something?
I don't remember opening any presents which contained a letter written by a solicitor detailing the gift...

voicey

2,494 posts

217 months

Thursday 14th June 2012
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When the giftee sold the gold what would their CGT liability be based on? Presumably the £1.

Eric Mc

125,754 posts

295 months

Thursday 14th June 2012
quotequote all
He would have made a whopping CGT loss - which would be of no value to him whatsoever.

The buyer will have purchased something for £1. When the buyer sells it later for (say) £150,000, he has a whopping CGT bill.

sumo69

2,164 posts

250 months

Friday 15th June 2012
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The above analysis isn't true if the parties are "connected" for tax purposes in which case open market value is used for the sale consideration.

A connected person could be, for example:

your husband, wife or civil partner
your brothers, sisters, parents, grandparents, children, grandchildren and their husbands, wives or civil partners
the brothers, sisters, parents, grandparents, children, grandchildren of your husband, wife or civil partner - and their husbands, wives or civil partners
certain trustees
a company you control

David

voicey

2,494 posts

217 months

Friday 15th June 2012
quotequote all
Eric Mc said:
He would have made a whopping CGT loss - which would be of no value to him whatsoever.

The buyer will have purchased something for £1. When the buyer sells it later for (say) £150,000, he has a whopping CGT bill.
I used the term giftee wrongly - I meant to suggest the buyer might incur a large liability (which you kindly confirmed).

Tiggsy

10,261 posts

282 months

Saturday 16th June 2012
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TwigtheWonderkid said:
^^^^THIS.

It's the biggest urban myth going, that you can't give someone a gift or they'll have to pay tax on it. You can give anybody as much as you choose, but if you die within 7 yrs there will be tax to pay.
Although not in this example as the £100k gift is under the nil band so no tax due (although the rest of the estate may have more tax to pay as a result) - something that happens when people give big chunks to one kid "early" and assume the other kids will get their share on their death......but the gift wipes out the Nil Band and screws the other kids.

caiss4

1,946 posts

227 months

Tuesday 19th June 2012
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Just to bump this one and hijack slightly...a not unrelated matter. A bunch of parents (read 100's) have clubbed together and collected money for a retirement gift for their kids' headmaster. Great debate ensued about what the gift should be but in the end it'll likley be cash for spending on travel. We're talking £000's here. Is the beneficiary likely to end up with a tax liability as it's cash? if so, what's the best way to avoid any such liability?

I'd welcome any advice.

sumo69

2,164 posts

250 months

Tuesday 19th June 2012
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caiss4 said:
Just to bump this one and hijack slightly...a not unrelated matter. A bunch of parents (read 100's) have clubbed together and collected money for a retirement gift for their kids' headmaster. Great debate ensued about what the gift should be but in the end it'll likley be cash for spending on travel. We're talking £000's here. Is the beneficiary likely to end up with a tax liability as it's cash? if so, what's the best way to avoid any such liability?

I'd welcome any advice.
If its a genuine gift that is in no way contracted via his employment, he will have no liability to any taxes or NIC.

David

Eric Mc

125,754 posts

295 months

Tuesday 19th June 2012
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Wasn't that why professional footballers used to have these testimonial matches when they were retiring?

caiss4

1,946 posts

227 months

Tuesday 19th June 2012
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Thanks for the information. It will be very much a gift and in no way connected to his employment so hopefully we can all rest easy.

SAAB93AERO

101 posts

173 months

Wednesday 20th June 2012
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http://www.bullionbypost.co.uk/gold-coins/britanni...

gold britania coin has is legal tender and has face vaulue of £100 even though its worth over £1000 so may be a loophole there.