House keyring on wooden table
September 2, 2017

Do you have a reservation?

Have you ever thought of gifting your house to your children and continuing to live there to reduce your inheritance tax bill and to avoid care home fees?  This is called a gift with reservation of benefit. In other words, you have made a gift but you have retained a benefit from it.

If you give your home to your children as a gift, they must take possession of it and enjoy it to the entire exclusion of you. If you continue to live in your home, this would be a “reservation of benefit” as you have retained the benefit of continuing to use the property.

If however you pay full market rent to your children, this may not be a gift with reservation of benefit.

Tax implications including capital gains tax should always be considered before making such a gift.

You might also be entitled to claim private residence relief in certain circumstances or hold over relief on other types of gifts.

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