A
aoservices
Guest
Gift Tax and parents property (not PPR)
Hi all,
My Father has a number of properties and he's willing to help me get a foot on the property ladder by selling one to me at below market value. My Dad is aged 58 and recently retired from his PAYE job.
The current market value of the house is about €150k and we're talking about setting the purchase price around €100-120k, thus, leaving me a reasonable level of equity to leverage as collateral against a future second purchase. The house is currently being rented for about €500 per month.
Obviously we'd like to minimise or avoid CGT and other associated costs.
We're looking at Gift and Inheritance Tax (CAT) where the threshold I believe is currently €466,725 and Propietary Director Pensions where up to 100% of salary can be placed tax free.
Here's my plan:
- The property is gifted to me (as the son I'm not liable to CGT)
- I take out a mortgage for €100k
- We form a new LTD Company with both of us as Directors and Shareholders
- We fund the Company with the EU100k from the mortgage
- Company pays Senior a salary of €10k per annum (low enough to avoid PAYE???)
- Company puts a further €10k (100% of salary is max???) into a Pension Fund for him
- He/We can put surplus cash to use making further investments through the Company
After 5 years:
A) I've paid him €100k (50k salary, 50k pension)
B) Assuming 6% annual growth, the €50k invested in the Pension will grow to €66,000, in round figures.
C) He will receive a tax free lump sum of €12,500 (25%) from the Pension fund and the remainder can be taken as taxable cash or converted into an Approved Retirement Fund (ARF).
So he will actually receive €66k (50k + 16k) in tax free cash plus has a further €50k in the Pension (ARF), total €116k. And we've minimised taxes as efficiently as possible plus through making use of the funds over five years the Company should have grown as an asset.
Questions:
1) Am I right in my assumptions? Is this the most efficient way? Anything else you'd advise?
2) How much could we shorten the term and still minimise taxes? For example pay salary 14k + pension 14k and term 3.5 years. Am I missing anything?
3) I presume I will still be - considered a first time buyer when taking out a mortgage on it even though in tax terms it will be a gift???
4) What mortgages should I look at considering it's a buy-to-let with a monthly rental value of between €480 and €650, a current market value of €150k, I have no need for an income from it and I plan on making additional purchases over time?
- type (fixed, endowment, buy to let, first time buyer, etc).
- length (interest only, 20, 30, etc)
- provider (EBS, NIB, etc)
I hope I've given sufficient info and thank you in advance for your input and advice.
Jay
PS - Another area we've been looking at is Retirement Relief as he has recently retired. All the properties are in his personal name and declared as rentals. Do they qualify as a business under the terms?
....
Retirement Relief - from Tax Ireland.ie
A gain on the disposal of a business or farm by an individual aged 55 years or older for a consideration not exceeding €500,000 is exempt from capital gains tax. There is no limit where the disposal is to a child or a niece/nephew that works in the business. Marginal relief applies where the consideration does not greatly exceed that amount. Where the disposal is made to a child of the individual (or, in certain circumstances, to a nephew or niece), the gain is exempt irrespective of the amount of the consideration. This relief also applies to the disposal of a family business where the business consists of a group of companies having at their head a holding company.
,,,,,,,,,,
.....
Hi all,
My Father has a number of properties and he's willing to help me get a foot on the property ladder by selling one to me at below market value. My Dad is aged 58 and recently retired from his PAYE job.
The current market value of the house is about €150k and we're talking about setting the purchase price around €100-120k, thus, leaving me a reasonable level of equity to leverage as collateral against a future second purchase. The house is currently being rented for about €500 per month.
Obviously we'd like to minimise or avoid CGT and other associated costs.
We're looking at Gift and Inheritance Tax (CAT) where the threshold I believe is currently €466,725 and Propietary Director Pensions where up to 100% of salary can be placed tax free.
Here's my plan:
- The property is gifted to me (as the son I'm not liable to CGT)
- I take out a mortgage for €100k
- We form a new LTD Company with both of us as Directors and Shareholders
- We fund the Company with the EU100k from the mortgage
- Company pays Senior a salary of €10k per annum (low enough to avoid PAYE???)
- Company puts a further €10k (100% of salary is max???) into a Pension Fund for him
- He/We can put surplus cash to use making further investments through the Company
After 5 years:
A) I've paid him €100k (50k salary, 50k pension)
B) Assuming 6% annual growth, the €50k invested in the Pension will grow to €66,000, in round figures.
C) He will receive a tax free lump sum of €12,500 (25%) from the Pension fund and the remainder can be taken as taxable cash or converted into an Approved Retirement Fund (ARF).
So he will actually receive €66k (50k + 16k) in tax free cash plus has a further €50k in the Pension (ARF), total €116k. And we've minimised taxes as efficiently as possible plus through making use of the funds over five years the Company should have grown as an asset.
Questions:
1) Am I right in my assumptions? Is this the most efficient way? Anything else you'd advise?
2) How much could we shorten the term and still minimise taxes? For example pay salary 14k + pension 14k and term 3.5 years. Am I missing anything?
3) I presume I will still be - considered a first time buyer when taking out a mortgage on it even though in tax terms it will be a gift???
4) What mortgages should I look at considering it's a buy-to-let with a monthly rental value of between €480 and €650, a current market value of €150k, I have no need for an income from it and I plan on making additional purchases over time?
- type (fixed, endowment, buy to let, first time buyer, etc).
- length (interest only, 20, 30, etc)
- provider (EBS, NIB, etc)
I hope I've given sufficient info and thank you in advance for your input and advice.
Jay
PS - Another area we've been looking at is Retirement Relief as he has recently retired. All the properties are in his personal name and declared as rentals. Do they qualify as a business under the terms?
....
Retirement Relief - from Tax Ireland.ie
A gain on the disposal of a business or farm by an individual aged 55 years or older for a consideration not exceeding €500,000 is exempt from capital gains tax. There is no limit where the disposal is to a child or a niece/nephew that works in the business. Marginal relief applies where the consideration does not greatly exceed that amount. Where the disposal is made to a child of the individual (or, in certain circumstances, to a nephew or niece), the gain is exempt irrespective of the amount of the consideration. This relief also applies to the disposal of a family business where the business consists of a group of companies having at their head a holding company.
,,,,,,,,,,
.....
Last edited by a moderator: