Selling process - Stage 6 - Receiving offers

Gifting property to children is becoming more and more commonplace. As the price of property climbs ever higher, this is one solution families are using to get their children onto the property ladder. There are tax implications, however, and it may not be the solution to all your financial issues. Here we look at what happens if you decide to sell your property to a family member for a nominal value. Is this the same as gifting property to children? Yes. Although it will still require conveyancers to handle the legal aspects, the change in ownership will qualify as a gift. Legally it won’t be regarded as a sale, but a token value has to be involved. What do I need to do to sell my house for £1? A conveyancing solicitor will need to be instructed, in order to handle the transfer of the deeds from you to your son or daughter, or other family member. Contracts are still exchanged and completion dates confirmed. So there will still be legal fees to pay. If you own the property with a mortgage, it might not be possible to sell for a purely nominal figure like £1. If there is an amount outstanding on your mortgage, this will need to be covered by the person you are gifting the property to. So it would make sense for this to be the price of the gift.   What are the other costs involved? Mortgage redemption costs for gifted property If you do still have a mortgage, are you in a discounted term? If so there will be a redemption figure to pay, along with any outstanding borrowing. Ask your solicitor to contact your mortgage provider for a mortgage redemption statement. Legal fees You will be charged legal fees by your solicitor, but as their workload is not as heavy as a conventional property sale it may be worth asking for a reduced fee. Capital Gains Tax (CGT) on gifted property You are not liable to pay capital gains tax on gifted properties if it has been your Principal Private Residence. There will be CGT to pay if it was used as a business premises or rented out. From any CGT bill you can deduct capital improvement costs, stamp duty, legal fees and estate agents’ fees. Stamp Duty Land Tax (SDLT) on gifted properties If there is no mortgage on the property, there will be no stamp duty incurred. Standard rates of stamp duty will apply if the mortgage exceeds the stamp duty threshold. Stamp duty is also paid if your child already owns another home and is either using the gifted property as a second home or renting it out. Inheritance Tax (IHT) on gifted properties This is one of the main reasons why people prefer to gift property, rather than leave it to children as part of their estate when they pass away. If you do not die within seven years of making the gift, there is no inheritance tax to pay. If parents die within three years, inheritance tax is charged at 40%. After this inheritance tax is charged at what is called ‘taper relief’, and only if the value of the gift exceeds the tax-free threshold. Income Tax on gifted properties There will only be income tax implications if your son or daughter chooses to rent out the property they are gifted, either to you or someone else. Capital gains tax will also need to be paid in this circumstances if the property is sold at a later date. Can I avoid care home fees by gifting my house? People may be tempted into thinking that gifting their property effectively ‘disposes’ of it, so it can’t be used to measure what you can afford should you have to go into a care home. However, this is seen as deliberate ‘deprivation of assets’, especially if the gift is made a short period of time before the care home fees are required to be paid. Local authorities will judge on what the intent was behind your decision to gift the property, and the value of the property will usually still be counted as part of your assets. Sign up today to be among the first to know about property for sale in your area. Can I give my child money to buy a house? Yes. If you want to help your son or daughter raise a deposit you can make a gift to them. All the beneficiary needs to do is provide written confirmation to their mortgage provider that it is a gift, so that it is clear it is not a loan that has to be repaid. Let us help value your property If you are thinking of gifting your house to your child, but are interested to know how much your property will be worth when it is transferred, please get in touch with us and we will provide a free property valuation for you.

Why is exchanging contracts so important? Exchanging contracts and completing are the final hurdles of selling your property and where things become legally binding. This is why, especially at this point, you must stay in regular contact with your solicitor to keep up with how the process is progressing. If the exchange doesn't occur then the sale isn't legal and the completion can't be actioned. What happens during exchanging contracts? The seller’s solicitors are responsible for drafting the contracts. The exchange of the contracts usually occurs once the following has been conducted and agreed upon by both parties: Preliminary enquiries carried out Local search enquires conducted Fixture and fittings to be included listed out and agreed The buyers have a confirmed mortgage offer When both the buyer and seller are satisfied with the contract, both sides are required to sign the final copies and send to each other, usually through their solicitors. The agreement to buy and sell is now legally binding, and therefore neither party can pull out without usually having to pay a hefty compensation. What happens after exchanging contracts? Once the contract is signed by both the seller and the buyer, a deposit (% of the purchase price) is paid or transferred by the buyer’s solicitor to the seller’s solicitor who then hold this deposit until the completion of the sale of your property. A completion date can then be agreed upon between the buyers and the sellers. Exchanging on a property with tenants Having tenants already occupying the property can add time to the process. Our advice is to speak with your estate agent to ensure you carry out all necessary steps that you are responsible for. Most of these steps need to be carried out before you put your property on the market. Sign up today to be among the first to know about property for sale in your area. What is completing? Completion or completing on a house is the final stage of the property sale/purchase transaction. When the seller's solicitor confirms they have received the full purchase monies you have completed. Ownership is transferred from the seller to the buyer by dating and transferring title documents. Prior to the completion date, it is a good idea to contact your solicitor to confirm the necessary steps you need to take and confirm all the costs and payments involved. What are the steps to completion? There are just a few last steps to completion! Residual money needs to be transferred from the buyer’s solicitor to you solicitor. Your solicitor should inform you once this is confirmed and then instruct the estate agents to release the keys. Other important things that happen at this stage: The legal documents needed to transfer ownership need to be handed over to the buyers You will need to move out of the property (if you haven’t already) and ensure you have left the property in the state agreed to in the contract. This includes the fixtures and fitting set out to be included or removed. Once moved out, ensure the estate agent has all the keys to the property to hand over to the buyer. Congratulations on selling your property No matter which Howards branch you work with, you can rest assured that the service is of the highest standard, backed up with industry experts at every step. Contact us today to get help selling your property. Thinking of buying property? We make it our mission to get you moved. Howard's Buying Process is our useful guide packed full of the steps and responsibilities for a buyer, as well as hints and tips to make the process as stress-free as possible. Do remember if you are buying or selling with us, our phone lines are open from 8am-10pm, seven days a week to ensure we are there for you every step of the way. If you prefer to speak to someone in person – just find the local branch to you, check their opening hours and pop in to see them – they will be glad to help you.