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ARTICLE · 30 JULY 2019

Tax Complications

I own a flat which I rent out to a tenant. I'd like to give the flat to my son so he can manage the property and benefit from the profits of the tenancy.

United KingdomTax
Hewitsons LLP
Hewitsons LLP

I own a flat which I rent out to a tenant. I'd like to give the flat to my son so he can manage the property and benefit from the profits of the tenancy. If I do that, will he end up with a large tax bill?

There are often several tax complications incurred with the transferring of property, and all too often they are not fully explored prior to embarking on a scheme.

Firstly, the gift itself may trigger both capital gains tax (CGT) for you and also inheritance tax (IHT) for your beneficiaries. In giving the gift to your son, because you will be liable for CGT payment, and you should discuss with your accountant or tax advisor as to what the amount of CGT is, when it should be paid and in which financial year. With regard to IHT, should you die within 7 years of making the gift there is potentially an IHT liability. Proper and thorough estate planning should be sought in this area, to avoid liability for this tax.

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