Last week, I spoke to a friend of mine, an experienced estate agent in Mayfair – ‘House prices are on the way up, and once the borders are open in a few months –we expect a buying frenzy!’
But before our guests reach into their deep pockets to buy their dream house in Britain spare a thought as to who should buy it and who should inherit
Joshua and Lea bought their dream home in Upper Brook Street in Mayfair for £10 million and furnished it with art and furniture worth £650,000. Joshua was born in the UK but Lea was born and grew up in S Africa where they both live and have a family of two teenage girls.
Joshua decided to buy the house in his name – but is this a good idea?
If Joshua were to die first, the house would be subject to tax of £4million which with a bit of planning could be avoided that is total exemption from inheritance tax if a gift is made between spouses, unless the donor was born and grew up in the UK of UK parents, and the other spouse was not, which in technical terms means that a UK domiciled person was married to a non UK domiciled person.
If Joshua were born and raised in S Africa like his wife – or Lea had been born and brought up in the UK no tax would have been payable at all.
Before 2013, the spouse exemption was £55,000 for gifts made by a UK domiciled spouse to a non UK domiciled house in addition to the nil rate band of £325,000. In 2013 this was put up to the same sum as the nil rate band of £325,000. Joshua can therefore leave Lea all the contents of the house – (which we have assumed were all owned by him) tax free – but the value of the house would still remain chargeable to tax at 40%.
Lea could at the time of his death elect for Joshua to be treated as UK domiciled at the time of his death – but given that his wealth outside the UK is considerable this would not be worth doing.
However, if at the time of the purchase of the house, Joshua and Lea had taken advice- they may have decided to buy the house in Lea’s name.
If then Joshua were to die – the property is already in Lea’s name so no tax to pay (assuming that the house were bought 7 years before Joshua’s death). If however, Lea were to die first leaving the house to Joshua then again no tax is payable because a gift from a UK domiciled person to a non-UK domiliced person is tax free!
Let’s take another example of how planning can save a lot of tax.
Bertrand and Betty are planning to buy a house in Ascot for £10 million. Both Betty and Bertrand were born and brought up in Asia and have two young children despite not being married. In fact Bertrand is still married to his first wife Jane.
They only plan to keep the house while the children are at school in the UK and would sell it if either were to die before the children left school.
The spouse exemption is not available since Bertrand and Betty are not married, but they could still take advantage of the spouse exemption by leaving the proceeds of the sale of the house to Jane in trust for three years, paying all the income to her during this time and thereafter to transfer the capital in the trust fund to the children of Bertrand and Betty.
This can be set up very simply with a carefully crafted Will over their UK property.
Of course, Betty may not be too keen that Jane benefits from Bertrand’s Estate but a saving of £4million can make this sentiment less painful.
Sadly not everyone takes advice when buying a home in the UK, and by the time they decide to take advice the property may have gained in value and any transfer may give rise to a capital gain – and depending on who is to be given the home may give rise to capital gains tax.
But all may not be lost. On death there is a capital gains tax uplift – and there is also the opportunity for some post death planning through a Deed of Variation – provided all the parties due to inherit agree.
Mandy was married to Maurice who owned a large estate in Oxford worth £10 million. In his Will Maurice left his estate to his three children. On his untimely death £4million of taxes would be payable.
However, Mandy and her three children took advice soon after Maurice’s death and the children and Mandy agreed to vary his Will to leave the Oxfordshire Estate to Mandy for life and thereafter her children.
After three years the Trustees of her estate agreed to advance the interests of her children and overriding Mandy’s life interest. If then Mandy survives a further seven years no tax will be payable on this ‘advancement’.
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