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Posted Thu, 28 Dec 2023 10:51:41 GMT by
Hi I have gifted money (£20,000) to my husband and he invested the £20,000 into a savings account in his own name which has generated £1,200 in interest. On reading the help sheet HS270 - Trust and settlements - income treated as the settlor's it says in 2.6 that "There are a number of circumstances where you're not treated as keeping an interest in the property of a trust or settlement you've made. These are making an outright gift of money to another person with no strings attached, in other words you give up any rights to control over that money - the person receiving the gift may choose of their own accord to give the money back to you but you're not treated as keeping an interest in that money - this is because that other person has complete freedom to do what they want with that money" (There is then Example 6). Can HMRC please confirm that the interest of £1,200 is taxable on my husband and not me. Thanks
Posted Tue, 09 Jan 2024 09:36:44 GMT by HMRC Admin 5 Response
Hi

This helpsheet doesn't apply to your scenario as no trust has been created.
As you gifted the funds to your husband it is then his money to do what he pleases. As the account that generated the interest was solely in his name, the interest is his income only and the full £1200 is taxable income for him.

Thank you
 

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