• Tax on payment by benefactor

    From Pamela@21:1/5 to All on Wed Dec 6 14:27:46 2023
    As the result of a court case, a person may be required to pay damages
    or settle a disputed bill but, in this instance, it gets paid by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person and therefore is a form of income subject to tax?

    I'm wondering about substantial amounts. Something like 10,000 or even 250,000.

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  • From Roger Hayter@21:1/5 to Pamela on Wed Dec 6 15:30:23 2023
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:

    As the result of a court case, a person may be required to pay damages
    or settle a disputed bill but, in this instance, it gets paid by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to IHT which is beyond my pay grade. It is not income.




    I'm wondering about substantial amounts. Something like Ģ10,000 or even Ģ250,000.


    --
    Roger Hayter

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  • From Pamela@21:1/5 to Roger Hayter on Thu Dec 7 16:05:01 2023
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com>
    wrote:


    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid
    by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like 10,000 or
    even 250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Pamela on Thu Dec 7 17:40:25 2023
    On 07/12/2023 04:05 pm, Pamela wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com>
    wrote:


    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid
    by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like £10,000 or
    even £250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    If the payments were taxable, they'd only "lose" 20% or 40%.

    Proceeds of Crime confiscations can tax it at 100%.

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Pamela on Thu Dec 7 19:07:06 2023
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:

    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com>
    wrote:


    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid
    by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or
    even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals they probably won't pay it) but the law asking where they got the money.
    Hence money laundering rules. Generally "someone unidentified gave it me in a pub" isn't going to satisfy either authority.

    --
    Roger Hayter

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  • From Norman Wells@21:1/5 to Pamela on Thu Dec 7 18:59:21 2023
    On 07/12/2023 16:05, Pamela wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com>
    wrote:


    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid
    by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ł10,000 or
    even Ł250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    Yes. Provided gifts are made more than 7 years before the donor dies,
    they are tax-free regardless of the amount involved. Otherwise, they
    are tax-free to the recipient but the donor's estate cops a tax bill on
    a sliding scale.

    --- SoupGate-Win32 v1.05
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  • From Norman Wells@21:1/5 to Roger Hayter on Thu Dec 7 21:16:48 2023
    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com>
    wrote:

    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid
    by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or
    even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals they probably won't pay it) but the law asking where they got the money. Hence money laundering rules. Generally "someone unidentified gave it me in a pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired illegally.

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Norman Wells on Thu Dec 7 23:44:07 2023
    On 7 Dec 2023 at 21:16:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> >>>> wrote:

    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid >>>>> by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person
    and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to
    IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or
    even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals >> they probably won't pay it) but the law asking where they got the money.
    Hence money laundering rules. Generally "someone unidentified gave it me in a
    pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired illegally.

    I think you may be misinformed. I believe very limited evidence of where that particular money came from is required in order to confiscate it. We have progressed quite a long way on the totalitarian road in recent decades

    --
    Roger Hayter

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  • From Norman Wells@21:1/5 to Roger Hayter on Fri Dec 8 08:01:48 2023
    On 07/12/2023 23:44, Roger Hayter wrote:
    On 7 Dec 2023 at 21:16:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> >>>>> wrote:

    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid >>>>>> by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person >>>>>> and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to >>>>> IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or >>>>>> even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug
    dealers and other criminals to claim they received a large cash gift
    from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals >>> they probably won't pay it) but the law asking where they got the money. >>> Hence money laundering rules. Generally "someone unidentified gave it me in a
    pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired
    illegally.

    I think you may be misinformed. I believe very limited evidence of where that particular money came from is required in order to confiscate it. We have progressed quite a long way on the totalitarian road in recent decades

    I think not.

    "The police cannot seize your assets solely based on probable cause. The standard for the seizure of assets is higher. It requires the
    authorities to successfully demonstrate a link between the assets and
    the proceeds of crime or intended use in criminal activities.
    Additionally, the burden of proof must be higher than for probable
    cause. The evidence will then be presented to the court who will decide
    whether to grant an order to seize the assets."

    https://cartwrightking.co.uk/articles/corporate-financial-crime/can-the-police-seize-assets/#:~:text=How%20Does%20Asset%20Seizure%20Work,a%20warrant%20from%20a%20judge.

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Norman Wells on Fri Dec 8 09:15:38 2023
    On 8 Dec 2023 at 08:01:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 23:44, Roger Hayter wrote:
    On 7 Dec 2023 at 21:16:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> >>>>>> wrote:

    As the result of a court case, a person may be required to pay
    damages or settle a disputed bill but, in this instance, it gets paid >>>>>>> by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person >>>>>>> and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to >>>>>> IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or >>>>>>> even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug >>>>> dealers and other criminals to claim they received a large cash gift >>>>> from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals
    they probably won't pay it) but the law asking where they got the money. >>>> Hence money laundering rules. Generally "someone unidentified gave it me in a
    pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired
    illegally.

    I think you may be misinformed. I believe very limited evidence of where that
    particular money came from is required in order to confiscate it. We have
    progressed quite a long way on the totalitarian road in recent decades

    I think not.

    "The police cannot seize your assets solely based on probable cause. The standard for the seizure of assets is higher. It requires the
    authorities to successfully demonstrate a link between the assets and
    the proceeds of crime or intended use in criminal activities.
    Additionally, the burden of proof must be higher than for probable
    cause. The evidence will then be presented to the court who will decide whether to grant an order to seize the assets."

    https://cartwrightking.co.uk/articles/corporate-financial-crime/can-the-police-seize-assets/#:~:text=How%20Does%20Asset%20Seizure%20Work,a%20warrant%20from%20a%20judge.

    And on the same site:


    "The owner of the seized property must prove their innocence and the
    legitimate source or assets to retrieve them."


    Which is the point I was originally making. Seizure of assets does *not* require a conviction for any crime, and you *do* have to demonstrate where you got the money.




    --
    Roger Hayter

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  • From Roger Hayter@21:1/5 to Roger Hayter on Fri Dec 8 09:18:45 2023
    On 8 Dec 2023 at 09:15:38 GMT, "Roger Hayter" <roger@hayter.org> wrote:

    On 8 Dec 2023 at 08:01:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 23:44, Roger Hayter wrote:
    On 7 Dec 2023 at 21:16:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> >>>>>>> wrote:

    As the result of a court case, a person may be required to pay >>>>>>>> damages or settle a disputed bill but, in this instance, it gets paid >>>>>>>> by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person >>>>>>>> and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to >>>>>>> IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or >>>>>>>> even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug >>>>>> dealers and other criminals to claim they received a large cash gift >>>>>> from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals
    they probably won't pay it) but the law asking where they got the money. >>>>> Hence money laundering rules. Generally "someone unidentified gave it me in a
    pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired >>>> illegally.

    I think you may be misinformed. I believe very limited evidence of where that
    particular money came from is required in order to confiscate it. We have >>> progressed quite a long way on the totalitarian road in recent decades

    I think not.

    "The police cannot seize your assets solely based on probable cause. The
    standard for the seizure of assets is higher. It requires the
    authorities to successfully demonstrate a link between the assets and
    the proceeds of crime or intended use in criminal activities.
    Additionally, the burden of proof must be higher than for probable
    cause. The evidence will then be presented to the court who will decide
    whether to grant an order to seize the assets."

    https://cartwrightking.co.uk/articles/corporate-financial-crime/can-the-police-seize-assets/#:~:text=How%20Does%20Asset%20Seizure%20Work,a%20warrant%20from%20a%20judge.

    And on the same site:


    "The owner of the seized property must prove their innocence and the legitimate source or assets to retrieve them."


    Which is the point I was originally making. Seizure of assets does *not* require a conviction for any crime, and you *do* have to demonstrate where you
    got the money.

    Having said that, much of that page you quoted seems to have been copy pasted from American sources; but then so was our law on criminal assets.


    --
    Roger Hayter

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  • From Norman Wells@21:1/5 to Roger Hayter on Fri Dec 8 10:42:31 2023
    On 08/12/2023 09:15, Roger Hayter wrote:
    On 8 Dec 2023 at 08:01:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 23:44, Roger Hayter wrote:
    On 7 Dec 2023 at 21:16:48 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/12/2023 19:07, Roger Hayter wrote:
    On 7 Dec 2023 at 16:05:01 GMT, "Pamela" <uklm@permabulator.33mail.com> wrote:
    On 15:30 6 Dec 2023, Roger Hayter said:
    On 6 Dec 2023 at 14:27:46 GMT, "Pamela" <uklm@permabulator.33mail.com> >>>>>>> wrote:

    As the result of a court case, a person may be required to pay >>>>>>>> damages or settle a disputed bill but, in this instance, it gets paid >>>>>>>> by a some benefactor like a relative or friend.

    Is that payment considered to have been made direct to that person >>>>>>>> and therefore is a form of income subject to tax?

    If it is a gift it is not taxable. Except perhaps for a liability to >>>>>>> IHT which is beyond my pay grade. It is not income.

    I'm wondering about substantial amounts. Something like Ģ10,000 or >>>>>>>> even Ģ250,000.

    I hadn't expected cash gifts were not taxable. It seems to allow drug >>>>>> dealers and other criminals to claim they received a large cash gift >>>>>> from some benefactor and have no obligation to pay tax on it.

    Drug dealers are not necessarily too worried about tax (except as criminals
    they probably won't pay it) but the law asking where they got the money. >>>>> Hence money laundering rules. Generally "someone unidentified gave it me in a
    pub" isn't going to satisfy either authority.

    The burden of proof, however, lies with those alleging it was acquired >>>> illegally.

    I think you may be misinformed. I believe very limited evidence of where that
    particular money came from is required in order to confiscate it. We have >>> progressed quite a long way on the totalitarian road in recent decades

    I think not.

    "The police cannot seize your assets solely based on probable cause. The
    standard for the seizure of assets is higher. It requires the
    authorities to successfully demonstrate a link between the assets and
    the proceeds of crime or intended use in criminal activities.
    Additionally, the burden of proof must be higher than for probable
    cause. The evidence will then be presented to the court who will decide
    whether to grant an order to seize the assets."

    https://cartwrightking.co.uk/articles/corporate-financial-crime/can-the-police-seize-assets/#:~:text=How%20Does%20Asset%20Seizure%20Work,a%20warrant%20from%20a%20judge.

    And on the same site:

    "The owner of the seized property must prove their innocence and the legitimate source or assets to retrieve them."

    That's once they have been seized on a legitimate Court order, not to
    stop them being 'confiscated' in the first place which is what you were concerned about.

    Which is the point I was originally making. Seizure of assets does *not* require a conviction for any crime,

    No, that was not your original point. It requires a Court order, which
    it will only grant if the authorities can demonstrate a link between the
    assets and the proceeds of crime or intended use in criminal activities.

    and you *do* have to demonstrate where you got the money.

    Only to get it back.

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  • From Vir Campestris@21:1/5 to Norman Wells on Sun Dec 10 11:53:10 2023
    On 07/12/2023 18:59, Norman Wells wrote:
    Yes.  Provided gifts are made more than 7 years before the donor dies,
    they are tax-free regardless of the amount involved.  Otherwise, they
    are tax-free to the recipient but the donor's estate cops a tax bill on
    a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

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  • From Roger Hayter@21:1/5 to vir.campestris@invalid.invalid on Sun Dec 10 12:00:53 2023
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris" <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor dies,
    they are tax-free regardless of the amount involved. Otherwise, they
    are tax-free to the recipient but the donor's estate cops a tax bill on
    a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts within seven years have to pay at least some of it. I don't know the precise rules about how much they can be asked to pay but I expect it depends what fraction of the seven years has elapsed.

    --
    Roger Hayter

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  • From JNugent@21:1/5 to Roger Hayter on Sun Dec 10 14:30:55 2023
    On 10/12/2023 12:00 pm, Roger Hayter wrote:
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris" <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor dies,
    they are tax-free regardless of the amount involved. Otherwise, they
    are tax-free to the recipient but the donor's estate cops a tax bill on
    a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts within seven years have to pay at least some of it. I don't know the precise rules about how much they can be asked to pay but I expect it depends what fraction of the seven years has elapsed.

    You answered a question the PP didn't ask and didn't answer the one he
    did ask.

    It may all sum down to something similar to what you said, but there are
    a few important steps and processes which would intervene.

    For a start, if someone gave an adult child £50,000 as a house deposit
    and died six and a half years later, how would the state even know about
    the gift? Does HMRC trawl back seven years through bank accounts?

    [Asking for a friend.]

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  • From Norman Wells@21:1/5 to Vir Campestris on Sun Dec 10 16:26:11 2023
    On 10/12/2023 11:53, Vir Campestris wrote:
    On 07/12/2023 18:59, Norman Wells wrote:

    Yes.  Provided gifts are made more than 7 years before the donor dies,
    they are tax-free regardless of the amount involved.  Otherwise, they
    are tax-free to the recipient but the donor's estate cops a tax bill
    on a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    No, this is tax we're talking about! And the second sentence of what I
    said seems to be incorrect as regards an insolvent estate.

    "Any Inheritance Tax due on gifts is usually paid by the estate, unless
    you give away more than £325,000 in gifts in the 7 years before your
    death. Once you’ve given away more than £325,000, anyone who gets a gift from you in those 7 years will have to pay Inheritance Tax on their gift."

    https://www.gov.uk/inheritance-tax/gifts

    Also:

    "3.9 The OTS has heard that many people who make large lifetime gifts to individuals, and many recipients of such gifts, assume that the gift is
    for the recipients to spend, without considering that:
    - the recipient may have to pay Inheritance Tax if the donor dies
    within 7 years"

    https://assets.publishing.service.gov.uk/media/5d274fc4e5274a5864497e51/Final_Inheritance_Tax_2_report_-_print_copy.pdf


    And, from another source:

    "Most people know that if you fail to survive a gift by 7 years it will
    form part of your estate. It is likely that banks will co-operate with
    HMRC if the tax men are suspicious about whether gifts have been
    properly declared. An investigation could follow that will be
    uncomfortable for executors and could mean additional tax and fines as well.

    If you are an executor and are not sure about whether substantial gifts
    have been made, the very least you should be doing is trawling through
    bank statements for the last 7 years or so. A common misunderstanding
    is that if the deceased had survived a few years, but not 7, the
    inheritance tax would be reduced. This can sometimes occur but very
    often it is not the case. The rules are complicated and executors
    should take professional advice if they are dealing with an estate in
    which substantial gifts feature."

    https://probaters.com/executors-dont-forget-to-investigate-gifts/#:~:text=If%20you%20are%20an%20executor,inheritance%20tax%20would%20be%20reduced.

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  • From kat@21:1/5 to JNugent on Mon Dec 11 10:32:18 2023
    On 10/12/2023 14:30, JNugent wrote:
    On 10/12/2023 12:00 pm, Roger Hayter wrote:
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris"
    <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes.  Provided gifts are made more than 7 years before the donor dies, >>>> they are tax-free regardless of the amount involved.  Otherwise, they >>>> are tax-free to the recipient but the donor's estate cops a tax bill on >>>> a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts >> within seven years have to pay at least some of it. I don't know the precise >> rules about how much they can be asked to pay but I expect it depends what >> fraction of the seven years has elapsed.

    You answered a question the PP didn't ask and didn't answer the one he did ask.

    It may all sum down to something similar to what you said, but there are a few
    important steps and processes which would intervene.

    For a start, if someone gave an adult child £50,000 as a house deposit and died
    six and a half years later, how would the state even know about the gift? Does
    HMRC trawl back seven years through bank accounts?

    [Asking for a friend.]


    Also, what if the £50,000 came from a joint bank account, and one of the holders
    is still alive? ( Assuming the estate of the deceased is suffficient after all allowances to pay tax).

    Just curious.

    --
    kat
    >^..^<

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  • From Roger Hayter@21:1/5 to kat on Mon Dec 11 11:14:21 2023
    On 11 Dec 2023 at 10:32:18 GMT, "kat" <littlelionne@hotmail.com> wrote:

    On 10/12/2023 14:30, JNugent wrote:
    On 10/12/2023 12:00 pm, Roger Hayter wrote:
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris"
    <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor dies, >>>>> they are tax-free regardless of the amount involved. Otherwise, they >>>>> are tax-free to the recipient but the donor's estate cops a tax bill on >>>>> a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts
    within seven years have to pay at least some of it. I don't know the precise
    rules about how much they can be asked to pay but I expect it depends what >>> fraction of the seven years has elapsed.

    You answered a question the PP didn't ask and didn't answer the one he did ask.

    It may all sum down to something similar to what you said, but there are a few
    important steps and processes which would intervene.

    For a start, if someone gave an adult child £50,000 as a house deposit and died
    six and a half years later, how would the state even know about the gift? Does
    HMRC trawl back seven years through bank accounts?

    [Asking for a friend.]


    Also, what if the £50,000 came from a joint bank account, and one of the holders
    is still alive? ( Assuming the estate of the deceased is suffficient after all
    allowances to pay tax).

    Just curious.

    In theory it would be necessary to establish whose money it actually was and who gave it. But anyway if the joint account holders are married then
    different rules apply to inheritance tax.

    --
    Roger Hayter

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From kat@21:1/5 to Roger Hayter on Mon Dec 11 12:37:33 2023
    On 11/12/2023 11:14, Roger Hayter wrote:
    On 11 Dec 2023 at 10:32:18 GMT, "kat" <littlelionne@hotmail.com> wrote:

    On 10/12/2023 14:30, JNugent wrote:
    On 10/12/2023 12:00 pm, Roger Hayter wrote:
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris"
    <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor dies, >>>>>> they are tax-free regardless of the amount involved. Otherwise, they >>>>>> are tax-free to the recipient but the donor's estate cops a tax bill on >>>>>> a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_ >>>>> their money less than 7 years before death no tax will be payable, as >>>>> the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts
    within seven years have to pay at least some of it. I don't know the precise
    rules about how much they can be asked to pay but I expect it depends what >>>> fraction of the seven years has elapsed.

    You answered a question the PP didn't ask and didn't answer the one he did ask.

    It may all sum down to something similar to what you said, but there are a few
    important steps and processes which would intervene.

    For a start, if someone gave an adult child £50,000 as a house deposit and died
    six and a half years later, how would the state even know about the gift? Does
    HMRC trawl back seven years through bank accounts?

    [Asking for a friend.]


    Also, what if the £50,000 came from a joint bank account, and one of the
    holders
    is still alive? ( Assuming the estate of the deceased is suffficient after all
    allowances to pay tax).

    Just curious.

    In theory it would be necessary to establish whose money it actually was and who gave it. But anyway if the joint account holders are married then different rules apply to inheritance tax.


    Many couples live together without being married these days, and have a joint account into which they both put money, generally to cover joint expenses, but, let us assume they both earn a fair amount and the balance mounts up.

    Could be great fun working out whose money it is.
    --
    kat
    >^..^<

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Peter Walker@21:1/5 to Roger Hayter on Mon Dec 11 13:01:36 2023
    Roger Hayter <roger@hayter.org> wrote in
    news:ktlnjlFq62hU1@mid.individual.net:

    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris" <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor
    dies, they are tax-free regardless of the amount involved.
    Otherwise, they are tax-free to the recipient but the donor's estate
    cops a tax bill on a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_
    their money less than 7 years before death no tax will be payable, as
    the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received
    gifts within seven years have to pay at least some of it. I don't know
    the precise rules about how much they can be asked to pay but I expect
    it depends what fraction of the seven years has elapsed.


    It raises an interesting question:

    If, let's say, a terminally ill person with a substantial estate decides
    to distribute their wealth as they they see fit before they die and
    either doesn't make a will, renounces it or destroys it, and instructs
    their family to simply fail to administer their (bankrupt) estate then it appears to be a substantial load off the family in their administration
    of the estate and the complexities of raising funds for inheritance tax
    in advance of probate. Simply put, warn the beneficiaries that here will
    be some inhgeritance tax claw back and let HMRC sort out the mess. Any
    holes in that?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to kat on Mon Dec 11 13:52:52 2023
    On 11 Dec 2023 at 12:37:33 GMT, "kat" <littlelionne@hotmail.com> wrote:

    On 11/12/2023 11:14, Roger Hayter wrote:
    On 11 Dec 2023 at 10:32:18 GMT, "kat" <littlelionne@hotmail.com> wrote:

    On 10/12/2023 14:30, JNugent wrote:
    On 10/12/2023 12:00 pm, Roger Hayter wrote:
    On 10 Dec 2023 at 11:53:10 GMT, "Vir Campestris"
    <vir.campestris@invalid.invalid> wrote:

    On 07/12/2023 18:59, Norman Wells wrote:
    Yes. Provided gifts are made more than 7 years before the donor dies, >>>>>>> they are tax-free regardless of the amount involved. Otherwise, they >>>>>>> are tax-free to the recipient but the donor's estate cops a tax bill on >>>>>>> a sliding scale.

    That's interesting. Does that imply that if someone gives away _all_ >>>>>> their money less than 7 years before death no tax will be payable, as >>>>>> the estate is essentially bankrupt?

    Andy

    No it doesn't. If the estate can't pay the tax then those who received gifts
    within seven years have to pay at least some of it. I don't know the precise
    rules about how much they can be asked to pay but I expect it depends what
    fraction of the seven years has elapsed.

    You answered a question the PP didn't ask and didn't answer the one he did ask.

    It may all sum down to something similar to what you said, but there are a few
    important steps and processes which would intervene.

    For a start, if someone gave an adult child £50,000 as a house deposit and died
    six and a half years later, how would the state even know about the gift? Does
    HMRC trawl back seven years through bank accounts?

    [Asking for a friend.]


    Also, what if the £50,000 came from a joint bank account, and one of the >>> holders
    is still alive? ( Assuming the estate of the deceased is suffficient after all
    allowances to pay tax).

    Just curious.

    In theory it would be necessary to establish whose money it actually was and >> who gave it. But anyway if the joint account holders are married then
    different rules apply to inheritance tax.


    Many couples live together without being married these days, and have a joint account into which they both put money, generally to cover joint expenses, but,
    let us assume they both earn a fair amount and the balance mounts up.

    Could be great fun working out whose money it is.

    In that situation HMRC might accept half each. Going to court would be unwise unless we are talking millions, in which case their accountants would have sorted it in advance.


    --
    Roger Hayter

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