Simon Dean
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Rules applying to gifting a property
Hello, Reading your guidance from https://www.gov.uk/inheritance-tax/passing-on-home, it is clear that if you gift a property and live in it there are certain conditions that must be met for it to be considered a Potentially Exempt Transfer (PET). However, the webpage also confirms that if the donor continues to live in the property they don't have to pay rent if the new owners live in the property with them, as long as they haven't given away all of the property. My question is: does the portion of the property in this scenario that the donor retains remain in their estate, and the portion they give away classed as a PET, and for this to count as a PET is it expected that donor, while not paying rent, only pays a portion of the bills? Or is it the case that, where only a portion of the property is given away, provided that the new owners live in the property too there are no additional conditions for the portion of the property gifted to be a PET? Thank you. Simon