Anybody who attempts to ‘put the house in their children’s name’ in an attempt to get free care or avoid inheritance tax is an idiot and will store up trouble for themselves, and their children.
Seriously, do you think HMRC and local authorities are stupid? If it were as easy as ‘signing over your house’, don’t you think that everybody would be doing it? Why do you think that they aren’t? Because they aren’t as clever as you?
A previous poster correctly pointed out that anybody attempting to ‘sign over’ a house they continue to live in, or sell it at an undervalue, will be deemed to have deliberately deprived themselves of assets and the transfer will be ignored.
The tax consequences are worse. If you attempt to ‘sign over’ a house you live in, or sell it at an undervalue, it is deemed to be a gift with reservation. The seven years pre-death time limit won’t save you either. The house will still be part of your estate for inheritance tax purposes unless you can prove that you have paid rent at market rate to the new ‘owner’ of the house. And guess what? That rent is taxable at the house owner’s marginal rate.
If you haven’t paid rent, then not only does the house remain part of your estate for inheritance tax purposes, your family risk double taxation. That is because the person to whom you ‘signed over’ the house is deemed to have acquired it at the transfer value: either nil or a low price. When they come to sell it, they will be looking at a huge gain for capital gains tax purposes. Which will be taxed at their marginal rate.
Schemes like this were all the rage 20 years ago. Every backstreet solicitor was offering them, for fat fees of course, to older people who were unlikely to fall into the inheritance tax net in the first place. Extricating yourself from one is not easy. It’s the old story, isn’t it? If it seems too good to be true, and all that.
My view is, why shouldn’t we all pay for our own care? Do you expect young working people’s taxes to cover your care in order to protect your divine right to pass on your house and cash to your children intact?
The ‘people with no pension end up in the same care homes’ argument is bollocks. Some will, but by being financially responsible you are buying choice for yourself. The choice to pay for carers in your own home. The choice to adapt your own home. The choice of which residential care home you want to live in.