How Much Money Can Be Legally Given to a Family Member as a Gift? Property Solvers Explain... (2024)

Our We Buy Any House service here at Property Solvers regularly speaks with people that wish to use the capital they release from the home sale to pass on to family.

Technically speaking, you can give any amount of money you wish as a gift to one or more of your children or any other member of family. Some parents also choose to buy property and put it into their child’s / children’s name(s).

However, you’ll need to check if the amount you give does not fall below a certain annual threshold. If so, it is likely to be subject to Inheritance Tax (IHT). Note that IHT will only be due if you died within seven years of giving it.

What is Inheritance Tax in the UK?

Inheritance Tax, or IHT, is a duty paid on receipt of money or property given to any individual by someone who has since died. Her Majesty’s Revenue and Customs provides a tax-free threshold, which dictates the amount below which Inheritance Tax is never payable.

It is also possible for IHT to be avoided if the deceased individual’s estate is valued below a certain amount upon their death.

Who Pays Inheritance Tax on a Gift?

IHT is payable by any individuals who have received money or property as gifts. This can only be from a person who has since passed away, apart from the person’s spouse or civil partner.

Charities and community amateur sports clubs are also exempt from IHT.

IHT may also be payable on money or property left to the beneficiaries of a person’s will. However, it is rare that those individuals will be required to pay the tax themselves.

The amount is usually covered using funds from the deceased’s estate. This is something that is managed by the executor, or the person overseeing activities related to the estate.

When Do You Pay Inheritance Tax?

IHT must usually be paid within six months of the death of the individual who gave the money or property in question.

It is possible for the tax to be paid in installments.

If IHT is not paid by the end of the six-month period, interest will begin to accumulate on the amount. This means that more will be owed the longer the tax is left unpaid.

How Much Money Can Be Legally Given to a Family Member as a Gift? Property Solvers Explain... (1)

How Much Money Can I Give as a Gift Without Tax?

How Much Can You Gift Before Inheritance Tax?

If you’re planning to give an amount of money to another individual – whether that is a family member or someone you know who is unrelated – there may be Inheritance Tax payable on it under particular circ*mstances.

Firstly, i’s important to work out whether the amount will be considered a “gift” by HMRC. See the following section for further information on this.

Next, you’ll need to find out what the current Inheritance Tax threshold is in the UK. This is also known as the IHT Annual Exemption or Inheritance Tax Gift Allowance. You can read up on it on the gov.uk website ( a simple Google search will get you there).

If the money you are giving as a gift is worth less than the IHT Annual Exemption, Inheritance Tax will not be payable.

It’s worth noting that you do not need to use the exemption in its entirety in one year. Any unused tax-free amount will be carried over to the next year and added to the existing threshold. This means you may be able to give a larger amount during that period.

What Counts as a Gift for Inheritance Tax Purposes?

For an amount of money to constitute a gift, the receiver will not do anything in return that provides a material benefit to the giver.

For example, say the receiver uses the money to purchase a rental property. Should the giver take a share of the income, the original funds would not count as a gift.

Similarly, if the money is a loan that the receiver plans to pay back – it does not constitute a gift.

You can essentially give any amount of money you like as a gift to family members, friends or other individuals – as long as you do not benefit from that action in any way.

However, to avoid large amounts of tax being payable on that gift, it is advisable to keep the overall amount you give in a year below the current IHT threshold.

You can find plenty more information and advice about giving money as a gift on the gov.uk website. A quick Google search will also help you find current IHT thresholds and allowances.

Another option worth considering is to sell the house to a family member below its market value. It can minimise the ‘hassle factor’ from both legal and tax perspectives.

The team at Property Solvers are specialists in the field of property sales, purchasing and management.

For further information or to receive a free, no-obligation upfront cash offer for your home (or explore or auction and estate agency services), please feel free to contact us 24/7. We will be more than happy to assist you.

How Much Money Can Be Legally Given to a Family Member as a Gift? Property Solvers Explain... (2024)

FAQs

How much money can you be gifted without reporting? ›

The annual gift tax exclusion is a set dollar amount that you may give someone without needing to report it to the IRS. The threshold is typically adjusted to account for inflation each year. The IRS announced that the annual gift tax exclusion will be $18,000 in 2024, up from $17,000 in 2023.

How much money can be legally given to a family member as a gift? ›

A gift tax is a government tax imposed on those who give money or property to others in exchange for nothing (or less than total value). There is typically a tax-free gift limit to family members until a donation exceeds $15,000 (jumping up to $16,000 in 2022). In these instances, the IRS is usually uninvolved.

What is a letter of explanation gift money? ›

A gift letter is a statement that ensures your lender the money that came into your account is a gift and not a loan. The person who gave you the money must write and sign the gift letter as well as provide their personal information.

Is property received as a gift taxable? ›

The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. The tax applies whether or not the donor intends the transfer to be a gift. The gift tax applies to the transfer by gift of any type of property.

How does the IRS know you gifted money? ›

The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.

Does gift money need to be reported? ›

If you receive a gift, you do not need to report it on your taxes. According to the IRS, a gift occurs when you give property (like money) without expecting anything in return. If you gift someone more than the annual gift tax exclusion amount ($17,000 in 2022), the giver must file Form 709 (a gift tax return).

Do I have to prove money was a gift? ›

Keep in mind that while a gift letter alone is a great start, some lenders may request further information to ascertain the money is actually a gift. They may want to see the donor's bank statements to ensure he or she actually had enough money to give you.

How do you prove something is a gift legally? ›

A Gift Affidavit can help you show that no money was involved, that it wasn't a loan, and that nothing else was sought for in exchange for the gift.

How do you show proof of money as a gift? ›

A gift letter is a formal document proving that money you have received is a gift, not a loan, and that the donor has no expectations for you to pay the money back. A gift can be broadly defined to include a sale, exchange, or other transfer of property from one person (the donor) to another (the recipient).

What are the disadvantages of gifting property? ›

4 Reasons You Might Not Want to Hand Over the House
  • You May Need the Money One Day.
  • You Could Be Giving Your Child a Huge Tax Bill.
  • Your Mortgage Might Be an Obstacle.
  • You Might Still Want to Live There.

Is it better to inherit or be gifted? ›

From a financial standpoint, it is usually better for your heirs to inherit real estate than to receive it as a gift from a living benefactor.

How do I transfer property to a family member tax free in the USA? ›

Family members can transfer property to one another without estate tax penalties by putting the property into a trust. When placed into an irrevocable trust, the property is no longer considered part of your estate after you die.

Do I have to pay taxes on money that was gifted to me? ›

Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $17,000 per recipient for 2023.

Can I gift my child $100 000? ›

Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.

Do I have to report money my parents gave me? ›

All About Gift Taxes: Do I Pay Tax on Gifts From Parents? If you recently received a sizable gift from Mom and Dad, don't fret about the gift tax. The IRS generally holds the giver liable for taxes. And unless the person is handing over a small fortune, he or she won't owe any gift taxes either.

How do I gift a large sum of money to my family? ›

Giving cash is the easiest and most straightforward way to accomplish gifting money to family members. You can write a check, wire money, transfer between bank accounts, or even give actual cash.

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