Inheritance Tax & Gifting Property –
What you need to know

Inheritance Tax (IHT) implications have become increasingly pertinent, encouraging many to consider the consequences of estate planning and asset gifting.

A question from a client concerning the tax implications of transferring ownership of a home to a family member while continuing to live in it, highlights the complexities of the “Gift with Reservation of Benefit” (GROB) rules.

gifting property

(Read Time: Approx. 4 minutes)

Topics Discussed:

• The details of Gift with Reservation of Benefits (GROB) and its effect on IHT benefits.

• The crucial role of evidence in establishing the legitimacy of a gift.

The GROB Rule Explained

The Gift with Reservation of Benefit (or GROB) rule means that a gift is not fully given away. This effects IHT dependant on how long the benefactor lives, and what they do with the assets in their Will.

This rule applies when transferring ownership of significant assets—such as real estate or artwork — ‘on paper’, while the benefactor continues to enjoy its benefits.

Essentially, if one were to “gift” a property yet retain almost exclusive enjoyment of it, the law, under FA 1986, s 102, steps in to negate any intended IHT advantage from this arrangement.

For a gift to successfully bypass your estate for IHT purposes, you must survive seven years post-transfer.

Interestingly, the law does carve out exceptions for the donor’s use of the gifted home under certain conditions, such as temporary stays during vacations or periods of recovery from illness of injury.

Another legitimate workaround is the payment of full market rent to the recipient of the gift.

However, should the rent fall short of the market rate, the GROB regulations are likely to apply, potentially unravelling the intended tax benefit.

The Role of Evidence

When HMRC scrutinises a gift, especially after the donor’s demise, it becomes imperative for the recipient to provide solid evidence of ownership.

This might include utility bills, personal accounts of occupancy, among other forms of proof, each serving as a key component in affirming the gift’s validity.

Additionally, evidencing the donor’s residence elsewhere solidifies the legitimacy of the transfer.

The same principle of regular evidence gathering extends to other gifted assets, like paintings, boats, or caravans, underscoring the need for meticulous documentation.

This rigorous approach to evidence collection is necessary across the board, underlining the importance of comprehensive documentation in estate planning.

Dealing with HMRC Scrutiny

Although thorough documentation and compliance with legal requirements might deter extensive investigations, the diligence of HMRC should never be underestimated.

Their ability to inspect and challenge gifts after death highlights the need for well-considered planning and the establishment of undeniable evidence that a gift was genuinely made, and that the donor has ceased to benefit from it.

A Real-World Example

In a practical application of GROB rules, Colin, a grandfather, gifts his property to Lily, his grandchild, but opts to stay in the home as a tenant.

He arranges to pay market-rate rent (which is calculated by other rental properties in the vicinity), documented through a formal lease agreement, to ensure the arrangement reflects a genuine tenant-landlord relationship, not a reservation of benefit.

Utility bills and council tax are promptly transferred into Lily’s name, further solidifying her ownership status.

These steps are crucial in demonstrating to HMRC that Colin’s continued occupation of the property does not undermine the authenticity of the gift.

By adhering to these protocols, Colin maintains the property’s exclusion from his estate for IHT purposes, provided he survives seven years post-transfer, showcasing a well-planned approach to navigating GROB regulations.

In Summary

The process of gifting, particularly when it involves significant assets like real estate, is full of complexities, set into tax laws and regulations.

The GROB rule is a prime example of the complexity of ensuring that such transfers are executed in a way that truly benefits the recipient without leading to unforeseen tax liabilities.

It reminds us of the vital importance of evidence in reinforcing the authenticity of a gift and the necessity for informed, strategic planning in managing an estate.

For those undertaking this process, the advice of a tax professional is indispensable, offering clarity and ensuring that one’s legacy is handled in accordance with both personal wishes and legal requirements.

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Kind regards,

Ilyas Patel