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Will my parents need to pay any tax when they receive their loan money back?

2 replies

flyingmuseum · 20/08/2021 12:58

My ex-husband and me jointly owned a property (the only property for both of us). The English Family Court has asked the family home to be sold so there is a clean break. As the family home was purchased with the help of a loan from my parents, my parents will be repaid using the net proceeds from the sale of the family home (every party in the process agrees). My understanding is that neither myself nor my ex-husband will need to pay any tax for the share of money that will be given to us after the sale of the family home. The conveyance solicitor who deals with the sale of the family home will transfer the money (their loan money) directly to my parents' account. My question is will this be likely to incur any tax for my parents? My parents are living abroad and non-UK resident. Will the taxman look at it in a way that my parents receive an income from a commerical sale? But in reality they are simply receiving their loan money back.

What I have is a court order indicating a fixed sum of XXX pounds need to be repaid to my parents? Will my parents need to show the court order to HMRC so they will not be charged for any tax when they receive their loan money back? How will process work? Please advise. Thank you very much.

OP posts:
ForensicAccountant · 20/08/2021 16:33

There is no tax to pay on repayment of a loan provided you have not made a profit.

PlanDeRaccordement · 20/08/2021 16:40

Most countries no taxes would be due from repayment of an interest free loan. However, they might need documentation that it was actually a loan just in case audited. Have to show it wasn’t a gift when given or a gift going back to them as gift taxes differ by country...might be tax due to resident country if judged a gift.

Most people can’t qualify for a mortgage unless any help from parents is documented to be a gift....so if it was documented as a gift but wink, wink, verbally said to be a loan. Might be out of luck and the money going back to them is simply a gift going back, not repayment of a loan per official documentation.

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