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Old 26 July 2018, 08:25 PM
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fatscoobfella1
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Default Mother in law selling house.

My wifes mother is selling her house,she is 83 and is now going into a rented bungalow by the sea.

Her home is worth £400k ish and there is no mortgage.

Will she get taxed on the sale at all ?

When the sale goes through,she wants to give some money to my wife and her 2 brothers,whats the situation with regards to this ? She has been advised she just cant "give money away" ?

Any info appreciated.

Ta
Old 26 July 2018, 08:35 PM
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andy97
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Originally Posted by fatscoobfella1
My wifes mother is selling her house,she is 83 and is now going into a rented bungalow by the sea.

Her home is worth £400k ish and there is no mortgage.
Principal private residence relief, No Tax on her sale
Will she get taxed on the sale at all ?

When the sale goes through,she wants to give some money to my wife and her 2 brothers,whats the situation with regards to this ? She has been advised she just cant "give money away" ?
Its called a PET (potentially exempt transfer) .As long as your Mother in-law survives after giving the money more than 7 years, there is no inheritance tax. if she only survives between 3 and 7 years then there is a sliding scale of inheritance tax.

She will have £325,000 nil rate band on her estate, so there might be no inheritance tax if her estate is less than when she dies
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Any info appreciated.

Ta
See above
Old 26 July 2018, 08:57 PM
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Tidgy
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Did she inherit her husbands estate?

if so tax free double's.
Old 26 July 2018, 09:12 PM
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What about capital gain on the property?
Old 26 July 2018, 09:18 PM
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andy97
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Originally Posted by hedgecutter
What about capital gain on the property?
If its her main residence property, then there is no capital gains tax
Principal private residence relief

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Old 26 July 2018, 10:24 PM
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My father in law died 2 years ago if that makes any difference

it’s her only house and she had lived in it for 20+ years

Thanks for the info about the PET..thats interesting so will have a read about it if I can find some info.
So basically she can give her siblings whatever she wants, but taxation will apply if she does within 7 years?
Sliding scale of tax between 3-7 years
Old 27 July 2018, 12:46 AM
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Tidgy
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Originally Posted by fatscoobfella1
My father in law died 2 years ago if that makes any difference

it’s her only house and she had lived in it for 20+ years

Thanks for the info about the PET..thats interesting so will have a read about it if I can find some info.
So basically she can give her siblings whatever she wants, but taxation will apply if she does within 7 years?
Sliding scale of tax between 3-7 years
I dont believe there is a time limit on the inheritance from the death of a spouse. Always conform info with a solicitor, but my grandad passed away last year so my dad had to go through the process, my gran died many years ago (10+ at a guess) and there wasnt any inheritance tax due because it was a double estate.
Old 27 July 2018, 09:36 AM
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Originally Posted by Tidgy
I dont believe there is a time limit on the inheritance from the death of a spouse. Always conform info with a solicitor, but my grandad passed away last year so my dad had to go through the process, my gran died many years ago (10+ at a guess) and there wasnt any inheritance tax due because it was a double estate.
Yes always check with solicitor and or tax accountant. George Osborne changed rules back in 2007
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