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Posted Wed, 02 Oct 2024 09:03:24 GMT by ChrisUnique
I am investigating how to reduce the value of my mother's estate to lower the potential IHT liability upon her death. Her estate is currently valued above the personal allowance, including the nil rate band for her home. She owns some land that she acquired several decades ago [non-residential, non-rented], which has increased in value significantly. I am considering the tax implications of her gifting the land to me. I would like to confirm my understanding of CGT and IHT: a) CGT would be due at the time of the gift, based on the increase in value over her ownership period. b) The rate of CGT would be 10% or 20%, since it is non-residential property (and not 18%/28%, which applies to residential property). c) Regarding IHT, the 7-year tapering "clock" would start on the date of the gift. d) If my mother were to pass away within 7 years of the gift, the full value of the gift would be added to her estate for IHT purposes. There would be no taper relief in the first 3 years, so if she were to pass away 1 year after the gift, the IHT would be 40% of the value of the gift. This seems to imply that the gift is effectively taxed twice—first through CGT and then potentially through IHT if she passes within the 7-year period. Is this understanding correct?
Posted Thu, 10 Oct 2024 09:03:39 GMT by HMRC Admin 20 Response
Hi,
This forum does not deal with IHT,  you will therefore need to contact them direct on 0300 123 1072 to confirm.
Thank you.

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