Gift tax write-off against CGT

T

Taxaco

Guest
Hi
My mother has a piece of land which she intends on gifting to each of her three sons. It was bought by her and my late father in 1982 at a cost of 10,000 and is currently valued at about 3m.
We have been advised that my mother should pay CGT at 20% and we should pay stamp duty at 4.5% and gift tax on anything above the max. gift threshold (ie. 478,000 approx).

We (my two brothers and myself) intend to pay my mothers CGT bill for her.
The total value of the gift to each son is approx 1m - indexed value since 1980 which for the sake of simplicity can be treated as 1m here.

So for each son, the cgt bill would be 20% of 1m.
The stamp duty would be 4.5% of 1m.
The gift tax would be 20% of approx 522,000 (1m - 478,000)

My question is whether we can write off the gift tax against the CGT?
 
As the CGT you will pay for your mother will in fact be a "gift" to her, you can't set this against CGT - It is her CGT, and she can only set against this any costs of disposing of the property e.g. soliciotr's fees etc.
 
If the land is worth €3m, you should be getting professional tax advice on your situation - you are really wasting your time looking for information here as the availability or otherwise of possible reliefs/exemptions will depend on specific matters relating to your family's circumstances.
 
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