Paresh Kara
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Capital Gains Tax and Inheritance Tax on gifting real estate located outside the UK...
I'd be grateful for some guidance on how IHT works across two tax jurisdictions. This is the scenario: my wife owns a mortgaged apartment in Canada for which I'm down as guarantor. We'd like to gift the apartment to our daughter. We are all domiciled in the UK but my wife and daughter hold Canadian citizenship. Any transfer of name for the apartment would immediately attract CGT in Canada and would also need to be declared in the UK, attracting any additional CGT which may be due after offsetting the tax paid in Canada. For IHT, Canada does not have one but for the UK, the 7-year rule would kick-in against my wife's estate. What happens if instead the apartment is first re-registered in our joint names and then gifted to my daughter? The CGT would still apply as above but what would the IHT exposure look like? Would both my wife and I benefit from the 7-year rule, with our individual estates exposed to 50% of the apartment value instead of the previous 100% if gifting is done with my wife as sole owner? Thanks!