First Time Buyer buying parent's rental property

smndly

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62
Age: 30
Spouse’s/Partner's age: 30

Annual gross income from employment or profession: €60,000 with €25,000-30,000 overtime
Annual gross income of spouse: 0, Fiancee recently finished a diploma and is jobseeking. Will likely get private sector job c €40,000-50,000 per annum in next few months.

Monthly take-home pay: From me: Net €5,000

Type of employment: e.g. Civil Servant, self-employed
Me: public sector, good job security. Increasing annual salary scale.
Partner: NA



We're saving:
Saving €1900 per month
Total Savings between us: €72,000


Accommodation: Renting

Rent = €1800/month


Other borrowings – car loans/personal loans etc: None

Do you pay off your full credit card balance each month? Yes


Savings and investments:

Do you have a pension scheme? Public sector pension. Will look at private pension in addition once set up with new home.

Do you own any investment or other property? Stocks €20,000

Ages of children: None

Background:

We are currently renting from my partner's Mum. She needs to sell the house in the next 12-18months and we are considering buying it off her. The market value of the house is about €400,000

She will be giving us a €100,000 euro gift towards the purchase.

We have mortgage AIP from Ulster bank for €270,000 from a joint application with my fiancee as a dependent.

We are living in my Fiancees mother's rental property and are currently paying €1800/month in rent.

We're saving €1900 per month.

We like the house and the area and are considering buying the house in the next few months. I will likely have to spend a year or two years of the next 4 years working in another county and renting there. When that occurs, we would likely rent one of the rooms in the house and take advantage of the rent a room scheme. If my Fiancee gets a job which is fully remote working, then she will likely move with me and we would fully rent out the house for the two years. I'm employed in a job which involves moving around the country a lot and finding colleagues to move into the house should not be an issue. We all rotate jobs at the same time of year so moving in and out of the house will easily coincide.

We're due to get married in August but at this stage its all very speculative with bloody COVID! (We've already postponed from last summer)

Ultimately, we would look at trading up in about 5 years as the house is not very practical for children. My salary will have increased by about €17,000 at that point and my fiancee will hopefully be employed. We should have no problem with a 20% deposit at that time given our equity in the house from the gift and repayments along with additional savings in the meantime.


What specific question do you have or what issues are of concern to you?:

(1) I am keen to proceed with the Ulster Bank mortgage given their rates and I have a home saver account with them which will result in €2000 cash in addition to the €1500 cashback offer they have. I see media commentators saying there is nothing to worry about if you have a mortgage with UB but am I being naive going ahead and opening a new mortgage with them and should I just look elsewhere in case of any issues in the next few years?

(2) My Fiancee's mother is gifting us €100,000 towards the purchase of the home. As far as i can see, this can be done in two ways: By reducing the price of the house from 400,000 to 300,000 or by paying full price but her gifting my Fiancee the amount into her account and us paying full price. I am not sure if it makes any difference. We are aware that my Fiancees mum will have to pay CGT on the 400,000 value regardless.

(3) Gift Tax: I understand that my Fiancee could get the full €100,000 gift without having to pay gift tax due to the high threshold from mother to daughter (group A). However, of course this doesnt apply to me. Does the €100,000 have to be split evenly between us in which case I would have to pay CAT on 50,000-16250= 33,750? As the majority of savings are mine and the income from the mortgage is my own, could it be possible to arrange a tenancy in common so that we can avoid this tax bill? Also when we do get married does a tenancy in common get altered to equal ownership as that is what we would like? The Gift Tax issue would make me lean towards the plan of my fiancees mother just gifting her the money directly into her bank account and then we purchase the house at full market price rather than going down the reduced price option mentioned in Question 2.

(4) Some family are advising just waiting for the next few years before buying a house. I tend to disagree but would like an opinion. My fiancee is looking for jobs close to where the house is and would live in the house even when I'm in another county. My feeling is that our mortgage repayments will be c1000/month and if we rent a room during those two years I'm away, the rent would cover a large amount of the repayments. If my fiancee is able to work remotely and come with me when I have to move away, then we could fully rent the house for 1-2 years. Also, I like the idea of having some exposure to the housing market as I envisage appreciation in the next few years. The alternative is for my partner to either rent a smaller place when I'm away (both of us paying rent in different counties) or else she moves back in with family which is not ideal.
 
Why not look to buy your forever home now? Presumably you'll still have the €100K gift so that's a huge pot towards it. Buying and selling houses is a pain in Ireland especially timing both at the same time. It can be alot of stress. And potentially throw kids into the mix and the stress doubles.
 
Thanks for the suggestion. We're not in a position right now to buy a forever home as our mortgage approval is 270,000 whereas I would hope in a couple of years we would be able to get in excess of 500k AIP when my partner is back in employment and finished her probationary period which would open up a lot more doors for us.

Of course renting until then is an option and does avoid the stress of buying and selling simultaneously but I feel the rent of 1800/month versus a mortgage repayment of less than 1000/month doesn't make financial sense especially when the mortgage includes capital repayments.
 
You will have cash of €172k + €22k stocks or a total of €194k
You have €270k mortgage approval
So your firepower is €464k

Option A) Wait a while until you have more firepower and buy the second rung on the ladder - maybe even your final home.
Let's say that takes two years.
You will pay €1,800 x 24 €43k in rent in those two years
You only need to borrow €200k to buy your mother in law's home. The interest in that two years will be about €200k@3% or €6k

So you are saving €37k by going for this now.

+/- any changes in property prices.

Option B) Buy now
1) You won't have the disruption of a move as you are already living there
2) You know and like the house
3) If you wait two years, you will have to move when your mother sells the house

I don't see that buying your mother's house is more disruptive.
You are staying where you are and just swapping renting for buying.

Either way, you will face disruption when you move.

Option C) Buy your forever home now

As you point out, you are not in a position to do this and as your earnings improve, your idea of your forever home will probably change.

Brendan
 
Make sure that you and your partner read this forum in some detail:


Relationships break up and you need to allow for that. If you have an agreement in place now, it will make the break up much smoother. If you live happily ever after, having the agreement will not have cost you anything.

You are putting in €92k. Your MIL gives your spouse €100k . No tax consequences for you.
You are putting up roughly half the deposit each. Much easier to frame an agreement around.

It is much cleaner if you MIL gives the child €100k and you pay full price for the house.

I have seen quite a few cases where her parents gave a loan to them to buy a house. Except it was never clear. Was it a loan to her? Was it a gift to them jointly. It just added to the conflict.

Your mother should give your spouse a gift and your spouse should declare it as a gift. Make it absolutely clear.

Brendan
 
the income from the mortgage is my own,
What does that mean?

- nothing wrong with going with UB now.
- CGT would not be on 400K but on the increase in value less costs and indexation if it applies
- way too messy you getting the gift, and you'd be stupid to pay the tax, plus it's not really a gift to you, it's to your fiancee by her mother who wants her daughter on the property ladder, or married to you or the financee wants to get on the property ladder, see next point
- your family advising you not to buy, maybe they are smart people, see above point
- How are the savings joint if your fiancee is not working?
- seems odd to buy a house and then take off, but having said that it's exactly what I did
- rent a room only applies if you reside there
- you both should put in exactly the same amount, so that it is 50/50 from the get go
- things get messy then on who is paying the mortgage, but getting married smooths that out somewhat.
- nothing stopping you getting married now, you don't have to have a big wedding, plus you'd save a fortune on a day that cost wise is not worth it
- who decided the figure of 400K?
 
I haven't done the math's on this but surely there is a consideration to get the property valued as low as reasonably possible for the loan offer valuation to minimize the CGT on your MIL.

It doesn't make sense for her to gift €100k and then get it back as €100k gain (if she bought at €300k) and pay €33k CGT on it, effectively costing her €133k to give a gift of €100k. Surely there is a better balance to strike on this one by gifting less and selling for less?
 
The CGT is based on the market value if she sells it at a discount.

It's much cleaner to do it right. Imagine the arguments if they split up - it was sold at undervalue to defraud Revenue of CGT.

Brendan
 
It's not about selling at a discount to avoid CGT, it's getting it properly valued. It's not going on the open market so the mortgage and CGT will rely on the auctioneers valuation for the loan offer.

Every valuation is subjective, fine if it is in an estate where 3/4 properties have sold in the past 12 months but if there is no direct comparison then it is reasonable for there to be a range on the expected market value. And in this case, it makes sense to request that the valuation is at the low end of that range
 
Thanks for the views everyone.
who decided the figure of 400K?
I haven't done the math's on this but surely there is a consideration to get the property valued as low as reasonably possible for the loan offer valuation to minimize the CGT on your MIL.

The 400k valuation is an estimate on our part given a similar house sale on the terrace 4 years ago in a similar condition plus local inflation. We would need to get an official valuation which is what we would the base taxation on. We have no intention of undervaluing the house, however, the valuation process will be relatively subjective as OkGO mentions, as there are very few similar houses for comparison.

So, would it make sense to get a number of valuers out (2 or 3) and then choose the valuation that is least to limit the capital gains tax the MIL will have to pay? I would expect the extra expense of the multiple valuations would be more than worth it if we get a valuation difference of even just €5k.

Option A) Wait a while until you have more firepower and buy the second rung on the ladder - maybe even your final home.
Let's say that takes two years.
You will pay €1,800 x 24 €43k in rent in those two years
You only need to borrow €200k to buy your mother in law's home. The interest in that two years will be about €200k@3% or €6k

So you are saving €37k by going for this now.

+/- any changes in property prices.

Thanks for doing the maths here. It definitely makes it clearer for us. And I think, realistically, we will be longer than two years until we are ready for the second rung which would only increase the savings.

How are the savings joint if your fiancee is not working?

My Fiancee was working up until 6 months ago had been saving until then.

- rent a room only applies if you reside there
If one of us resides there for most of the year, which is likely when my fiancee gets new employment, she can then claim the rent a room tax exemption in its entirety as far as I understand it.
 
It's not about selling at a discount to avoid CGT, it's getting it properly valued. It's not going on the open market so the mortgage and CGT will rely on the auctioneers valuation for the loan offer.

Every valuation is subjective, fine if it is in an estate where 3/4 properties have sold in the past 12 months but if there is no direct comparison then it is reasonable for there to be a range on the expected market value. And in this case, it makes sense to request that the valuation is at the low end of that range
OkGo,would you think the valuation could be changed too suit the OP ? As a much lower valuation.would revenue check the valuation is close or would the dig deeper if undervalued by 100-200k ?
 
OkGo,would you think the valuation could be changed too suit the OP ? As a much lower valuation.would revenue check the valuation is close or would the dig deeper if undervalued by 100-200k ?
No that is not at all what I am saying. That would clearly be undervaluing to avoid paying tax.

What i mean when I say 'reasonable' is that this property may only be worth, for example, €380k instead of €400k. There are a number of genuine reasons for it not to be overvalued. If the OP's rent is market rent then it is poor return and does not look like it should be valued at €400k. Equally, if this property was never owner occupied, the finish of the house may be below other comparable properties that have sold recently and should not be valued the same.

To reiterate, I am not suggesting that the house be undervalued, rather that it is valued appropriately
 
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