22 Jun 2019

A question about : Reporting a lifetime gift

My father wishes to make gifts of cash to his children, the total of which will exceed his nil-rate-IHT band. Does he need to submit a formal notice of such a gift to HMRC, as well as keeping his own record together with this will?

And in the case of his own record, does it have to be in the form of a special legal 'Deed of Gift' with a specific wording or is a simple file note sufficient?

Any pointers greatly appreciated.

Best answers:

  • There is no need to report this, but it would be a simpe matter for him to give a dated letter stating that he is making the gift, but no legal Deed is needed. If he survives 7 years from the date of the gift, then it wll not be counted in the value of his estate.
    Should he die within seven years then a proportion of the gift will be added to thevalue of his estate for the calculation of any inheritnce tax liability that there may be .
    Your father, or anyone for that matter, can make a gift of Ј3000 to any one person in any tax year and it will not count as a gift within his estate, so he could make a Ј3000 gift now and anther after 6th April and then give the balance.This would reduce any potential liability if it exists.
    There are many other ways to reduce the value of an estate and a good financial adviser who specialises in Wills and Trusts could possibly adise you.
    Hope this helps
    Sam
  • He does not need to advise HMRC but he does need to keep a record with his will for his executors.
    He should write a signed and dated letter to each recipient
    (Full name and address of the recipient top left, business style)
    - Dear John,
    Enclosed herewith is a cheque for Ј100,000 as an absolute and unconditional gift to you from your father T.J. Brown.
    Thomas John Brown
    (date)
    He might also wish to keep copies of the bank statements showing when the cheques were cashed.
    Presumably the idea is to make PETS
    See https://www.scottishwidows.co.uk/Extr...ure/Doc/FP0320
  • He doesn't need to inform HMRC and he doesn't need to keep any record what so ever if he so chooses.
    It is his executors who have a legal duty to deal with probate correctly at the time of death.
  • Clapton is quite correct, it is the Executor/s of your Father's estate that will have a duty of disclosure of the gift so make sure that they are aware of this. Hopefullythe xecutors wil be family members.
    Sam
  • I have a surplus of cash that I would like to begin to off load to my children. I have 6 adult children/
    From various websites I understand that you can have
    1) Annual exemption where you can give max Ј3,000 to , lets
    say Child A
    2) Small gift exemption where you can give up to Ј250 to as many
    individuals as you like, let's say Ј250 to Child A, B, C, D, E, F
    3) Regular gifts out of your current accounts (i.e. income not
    savings) to say all 6 children. Let's say Ј250 each child for a
    year i.e. Ј3,000 x 6 children.
    Am I interpreting this correctly?
    Can I do the lot?
  • Not planning on going just yet!
    By giving from capital, presumably you mean out of savings, right?
    So A just gets Ј3,000 and that's it? yes/no
    So small gifts of Ј250 to B, C, D, E, F only per year - yes/no
    Plus regular gifts of 250 x 12 to B, C, D, E, F per year - yes/no
    One particular child wants to make a biggish purchase shortly.
    So can I give Ј3000 at end of March this year and then after April 5th this year, another Ј3,000 as a different tax year by then?
  • just to add
    regular does NOT mean monthly: it means regular
    so once a year on their birthday would be regular
    and/or at christmas would count
    but it must be from income
  • Mary, the easiest way to make regular gifts from 'income' is to set up Standing Orders' with your bank.
    Do be aware of the fact that such gifts should not reduce your normal standard of living. In other words, you should not give all your income away and live off your capital, as that would be incorrect and not allowable. Just check on the rules first.
    Gifts in excess of Ј3000 could be counted in your estate value if you die within 7 years of making the gifts. Do keep a list of gifts, to whom and on what dates. Your executors would need that when admistering your estate
    Sam
Category: 
Please Login or Register to reply to this topic