Tax implications of relative occupying property at less than market rent

Hello

A new client has contacted me as she and her brother have inherited a property and wish for another relative to remain living in the property for life, whilst only paying a small amount towards expenses. The property was inherited over two years ago and therefore a Deed of Variation will not be effective for IHT and CGT purposes.

I initially considered creating a settlement by way of a Life Interest Trust, however the tax implications of this (I believe treated under the relevant property regime under the circumstances) are not favourable.

If they create a tenancy over the property with the relative paying only a small amount of rent (towards outgoings) what are the implications? Any other suggestions would be greatly appreciated.

Here might be a good start:

Malcolm Finney

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