Avoiding the Fair Deal Scheme

hero25

New Member
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7
Have been searching the forum for something similar..... and have a related question..... again with the intention of availing of Fair Deal in >5 year time .... and keeping taxes to a minimum.
In our situation, "Dad" is very much alive and lucky enough to have a good amount of cash/savings, approx 330k.... and Dad's PPR is worth 300k.
Dad wants to have zero assets in >5 years time.

Could Dad gift 300K cash today to his son, Johnny, to allow Johnny buy Dad's house, which is Dad's PPR?
Johnny has not received any gifts prior to this, so no CAT for Johnny?
Dad has no CGT as it's his PPR he is selling?
House gets transferred to Johnny, who allows Dad live there rent free .... Johnny wont end up with a CGT bill if selling in e.g 6 years time, after Dad passes?
Dad, after receiving the 300K for sale of his house, decides to gift each of his 10 grandchildren 30k each, again ... no CAT for them.

End result: Dad has disposed of his 300K cash and his house in tax efficient manner and in >5 years time has Zero assets for "Fair Deal".
What am i missing or am I over-complicating it?
 
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You seem to be making this complicated.
1) Daddy gifts the house to Johnny - no CGT or CAT
2) Daddy gives away his cash to his grandchildren - no CAT

The problem is that the future is uncertain. Daddy does not want to leave home and wants to pay for home care instead. He has no money to do so, so has to go into a home.

Johnny and any Mrs Johnny and their ten children will be living with Daddy? Not sure it's worth this to avoid paying nursing home fees.

Daddy falls out with Johnny or Mrs Johnny and is kicked out of the house.
 
The problem is that the future is uncertain. Daddy does not want to leave home and wants to pay for home care instead. He has no money to do so, so has to go into a home.
I have had these conversations with clients many times. It is a massive risk to take, giving away all your money so you can avoid paying someone to take care of you in your old age.

...and not everyone goes to a nursing home or you might only be there for a short while.

While everyone wants to be tax/cost efficient, they should concentrate on enjoying life while they are fit and able to do things. Spend the money bringing your family on holidays etc. If you still have money left over by the time that you no longer want to spend time travelling, start giving it away...but at that point, you are running the risk of being caught with the 5 year rule.

There is a huge element of cutting off your nose to spit your face with this type of planning.
 
@Steven Barrett

Fully agree. Had actually typed the following before your post and then got distracted...
.
Daddy should look after himself first and foremost.
If he has to pay for his home care or his nursing home care, he should be in a position to do so.
he is likely to have a lot left over after he dies, and he can then give that to Johnny and Johnny's 10 children if he wishes.
 
Thanks Brendan and apologies for initiating the request incorrectly.
Valid points re the future....
Johnny and the missus already have their own house ... wouldn't plan to be living with Dad. Hopefully Dad could spend the rest of his days in what was his house and after Dad passes, the house would be sold. CGT would be minimal as he bought (or received it) for a value of 300k.
 
CGT would be minimal as he bought (or received it) for a value of 300k.

The value of the gift for CGT purposes is the market value and not the price.

If you are saying that it is really worth only €200k but they are declaring €300k to minimise future CGT, then it is tax evasion i.e. a criminal offence.

You raise another good reason for not doing this. Any future gains in the value of the property while your dad owns it will be exempt from CGT.

If Johnny owns it, any gains will be subject to CGT.

So Dad will have lost his financial independence and the bigger family might not save any money anyway.
 
Thanks again for replies, all very helpful.
As per initial post, the house is currently worth 300k, so nothing underhand being proposed.
Dad is 82 and is finding it difficult to spend his savings at this stage of life and his wishes are to avoid, where possible, the tax man (or Fair Deal) taking his hard earned life savings while his grandchildren struggle to start out on life's journey of starting a home etc.
300k in savings would mean Fair Deal would be a non-runner and the 300k would be gone in 4-5 years on Nursing Home fees. That's difficult for him to accept while his grandchildren are approaching the stage where 30K would make a huge difference in their lives.
His own children are "financiallv fine".