Are you curious about the financial limits when it comes to giving generous gifts to your loved ones in the UK? Well, look no further! Whether you’re planning a surprise for your sibling’s wedding or simply want to help your child with their first home purchase, it’s essential to understand the legalities surrounding monetary gifts. In this blog post, we’ll delve into all things gift-giving and explore how much money can be legally bestowed upon a family member within the boundaries of UK law. So grab a cuppa, and let’s unwrap this intriguing topic together!
Introduction to Gift Tax in the UK
In the United Kingdom, gift tax is a levy on the transfer of property by an individual or entity. The basic rate of gift tax is 20%. However, there are certain gifts which are exempt from gift tax.
For example, gifts to your spouse or civil partner, as well as gifts to charities, are exempt from gift tax. There are also certain annual allowances which can be used to reduce your liability for gift tax.
If you’re thinking of making a large gift to a family member, it’s important to be aware of the potential gift tax implications. This guide will give you an overview of the UK’s gift tax rules and how they may affect you.
How Much Money Can Be Legally Given to a Family Member as a Gift in the UK?
In the UK, the rules regarding the amount of money that can be legally given to a family member as a gift depends on various factors. The primary factor to consider is whether the gift is subject to inheritance tax (IHT) or not.
Exempt Gifts:Â Certain gifts are exempt from IHT regardless of their value. These include:
- Annual Exemption: Each tax year, you can give up to £3,000 in total as gifts without them being liable or IHT.
- Small Gifts Exemption: You can also give up to £250 per person per year as small gifts, as long as you haven’t used any other exemption for the same person.
- Wedding or Civil Partnership Gifts: Both parents can each give cash or gifts worth up to £5,000 to the couple getting married or entering into a civil partnership. Grandparents and other relatives can give up to £2,500, and anyone else can give up to £1,000.
Potentially Exempt Transfers (PET): Gifts that fall outside the exempt categories mentioned above may still be free of IHT if you survive seven years from the date of making the gift. Otherwise, they might be subject to IHT on a sliding scale known as “taper relief.”
IHT on Gifts within seven years:Â If you pass away within seven years of making a gift, its value will be added back to your estate, and IHT may be payable if it exceeds the available exemptions and nil-rate band.
It’s important to consult with a tax professional or solicitor to ensure compliance with the current regulations and seek personalized advice based on your individual circumstances.
Exceptions and Additional Considerations
When it comes to giving money as a gift to family members in the UK, there are a few exceptions and additional considerations to keep in mind. First, any gifts given with the intention of avoiding inheritance tax will be subject to scrutiny by HMRC. Any gifts given within seven years of death may also be subject to inheritance tax.
Another exception to consider is the annual exemption limit, which is currently £3,000 per person. This means you can give up to £3,000 to as many people as you like in a year without incurring any inheritance tax liability. However, any amounts over this limit will be subject to inheritance tax at the standard rate of 40%.
It’s important to note that if you give away more than £325,000 in total during your lifetime (gifts and otherwise), you may be liable for capital gains tax on the difference between the value of the assets at the time they were given away and their value when you die. However, there are a number of reliefs and exemptions that can apply in certain situations.
Gift Tax Rules for Non-Family Members
There are different rules for gift tax when it comes to non-family members. For example, if you give a cash gift to a friend, there is no limit on how much you can give. However, if you give a property gift to a non-family member, the maximum amount you can give without paying tax is £250,000.
If you’re thinking of giving a large sum of money or property to a non-family member, it’s important to be aware of the gift tax rules. This way, you can avoid any unpleasant surprises come tax time.
How to Report Gifts and Other Transactions to the HMRC?
Reporting gifts and other transactions to the HMRC is important to avoid any potential penalties.
There are a few different ways to do this:
- You can report the gift on your Self-Assessment tax return. You use This form to declare your income and calculate your tax liability.
- You can also notify the HMRC of the gift by writing to them. Include all relevant details, such as the value of the gift, who it was given to, and when it was given.
- If you are making a large gift (over £3,000), you may need to pay Inheritance Tax on it. This can be done by completing an IHT400 form and sending it to the HMRC.
- You can contact the HMRC directly for guidance if you have any questions or concerns about reporting gifts or other transactions.
How to Reduce Your Gift Tax Liability?
If you’re thinking of making a large gift to a family member, you may be wondering how much money can be given without incurring a gift tax liability.
In the UK, there is no limit on the amount of money that can be gifted to a family member as long as it is done so with the intention of reducing your estate for inheritance tax purposes. However, if the gift is not made with this intention, it will be subject to Inheritance Tax at 40%.
There are a few ways to reduce your gift tax liability:
- Make sure the gift is made with the intention of reducing your estate for inheritance tax purposes. This can be done by including a clause in your Will stating that the gift is to be used for this purpose.
- If the gift is not made through your Will, make sure it is made using an irrevocable trust. This means that you cannot take the money back at a later date, and it will go directly to your family member upon your death.
- Make sure the money gifted is not more than what you normally spend in a year. If you give away more than this amount, it will be considered as part of your estate for inheritance tax purposes.
Do I Need to Declare Cash Gifts to HMRC in the UK?
If you are thinking of giving a large amount of money as a gift to a family member, you may be wondering if you need to declare the gift to HMRC. The answer is that it depends on the circumstances.
If you give the money as a gift with no strings attached, you will not need to declare it to HMRC. However, if you are attaching any conditions to the gift (for example, if the recipient must use it to buy a house), you must declare it.
There are also other situations where you will need to declare the gift, such as if you are giving the money to avoid paying taxes on it yourself. If you are unsure whether or not you need to declare the gift, it is always best to speak to an accountant or tax advisor.
Conclusion
In conclusion, giving money as a gift to family members can be done legally in the UK, provided that taxes and any applicable inheritance tax are paid on the amount given. The HMRC sets clear guidelines for how much money you can give without needing to pay additional taxes or fees, which is currently up to £3,000 per person per tax year. We hope this article has been helpful in understanding more about gifting and when it is subject to taxation.