This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Gift of property with mortgage

Question:

I own my property in Brighton and the mortgage still has 20 years until it is paid off. However, I decided to give it to my brother. He already has a flat that he pays a mortgage on. What are the tax implications?

Arthur Weller replies:
It seems that you are giving away your main residence, so there should be no capital gains tax for you to pay, due to principal private residence relief. Since you are gifting your property to your brother for no consideration, he will have no stamp duty land tax (SDLT) to pay. However, if he takes over responsibility for the mortgage, that will be deemed as though he paid you, and he will have to pay SDLT based on the amount of the mortgage he becomes responsible for.

I own my property in Brighton and the mortgage still has 20 years until it is paid off. However, I decided to give it to my brother. He already has a flat that he pays a mortgage on. What are the tax implications?

Arthur Weller

...


This question was first printed in Property Tax Insider in June 2019.