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-   -   Mother in law selling house. (https://www.scoobynet.com/non-scooby-related-4/1055402-mother-in-law-selling-house.html)

fatscoobfella1 26 July 2018 08:25 PM

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

andy97 26 July 2018 08:35 PM


Originally Posted by fatscoobfella1 (Post 12020069)
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
​​​​​​

Any info appreciated.

Ta

See above

Tidgy 26 July 2018 08:57 PM

Did she inherit her husbands estate?

if so tax free double's.

hedgecutter 26 July 2018 09:12 PM

What about capital gain on the property?

andy97 26 July 2018 09:18 PM


Originally Posted by hedgecutter (Post 12020078)
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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fatscoobfella1 26 July 2018 10:24 PM

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

Tidgy 27 July 2018 12:46 AM


Originally Posted by fatscoobfella1 (Post 12020089)
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.

andy97 27 July 2018 09:36 AM


Originally Posted by Tidgy (Post 12020094)
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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