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Selling a property owned by sibling and cash earned from sales


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Hi all, 

I have an arrangement with a family member whereby the property was purchased by my sister and essentially "verbally gifted" to me to help me onto the property ladder. 

We are currently in talks of several scenarios in order to extract the equity/cash from the property in order to help me to build my portfolio. 

One potential case would be to sell the property and cash in on the current value; apart from the initial capital gains tax, are there any other law/tax penalties we should aware about if she was to transfer a lump sum to me following the sale of the property to fund my property portfolio?

Would the situation be further complicated if I was to consider starting a limited company to build my portfolio using the cash received from my sister? 

Any insight in terms of the most cost effective (and legal) way to do so will be much appreciated. 

I'm just concerned whether a gift of this magnitude is acceptable in terms of putting a deposit payment on future BTLs in my own name/limited company. 

Thanks.

Kind regards,

Rayman  

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From what I understand, the property is legally in your sister's name and you are suggesting she transfers the cash to you after selling the property.

As such, once she has paid any taxes due from the sale, the only tax on a gift to you would be IHT if she were to die within 7 years of the gift. Otherwise I don't think there are any other issues. Whether you do it as an individual or a company shouldn't make a difference.

The only other problem I can forsee is money laundering regulations - conveyancers like to see the money in your account for 6 months before a purchase, but I think this is only a minor issue.

NB I am not an accountant or tax expert so this is an opinion only.

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6 hours ago, julia urquhart said:

From what I understand, the property is legally in your sister's name and you are suggesting she transfers the cash to you after selling the property.

As such, once she has paid any taxes due from the sale, the only tax on a gift to you would be IHT if she were to die within 7 years of the gift. Otherwise I don't think there are any other issues. Whether you do it as an individual or a company shouldn't make a difference.

The only other problem I can forsee is money laundering regulations - conveyancers like to see the money in your account for 6 months before a purchase, but I think this is only a minor issue.

NB I am not an accountant or tax expert so this is an opinion only.

Thank you for your advice on this! It's much appreciated.

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