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Estate planning

Gifting property to children: the CGT, IHT and mortgage traps

Parents sometimes consider transferring a rental property or home to their children to reduce inheritance tax. This can produce an immediate CGT charge, leave IHT exposure in place or create practical risks that outweigh the intended benefit.

Information prepared: 13 October 2026. This is not a personalised tax calculation.

Trap one: CGT even if your children pay nothing

A gift of an investment property to a child is generally a CGT disposal at market value. The parent may have a chargeable gain based on today's value minus the appropriate acquisition cost and reliefs, even if the child pays £0. A family agreement describing the transaction as a gift does not cancel that CGT computation.

If the property was the parent's actual main residence, PPR may cover some or all of their gain, depending on the full history. It is unsafe to infer that a former home let for many years remains completely exempt.

Trap two: the seven-year IHT rule is not the whole answer

A genuine outright gift to an adult child may qualify as a potentially exempt transfer. Survival for seven years can be significant, but the rule does not undo the donor's CGT liability and is subject to benefits being genuinely given up.

A gift of a home that the parent continues to occupy rent-free can be caught by the gift-with-reservation rules and remain within the IHT estate. Paying market rent may change the position, but creates real costs and must be genuine. The same concern can arise if the parent gives away a let property but continues to receive its rental income rather than allowing the child genuine enjoyment of the investment.

Trap three: a mortgage can bring SDLT and consent issues

An existing mortgage cannot simply be ignored. A recipient who assumes liability for mortgage debt may provide chargeable consideration for SDLT purposes. A lender may refuse the proposed transfer, require a new mortgage or impose different conditions.

A child who becomes an owner may also have difficulty obtaining their own first home, may become exposed to future CGT on the gifted property, and could have relationship, creditor or estate-planning risks that the family had not intended.

Trap four: gifts to minors and income arrangements

Gifting a rental property or income-producing interest to a minor child can invoke settlements legislation, trust and legal-capacity issues. Where a parent provides assets yielding more than the statutory de minimis amount of income to their unmarried minor child, income can be taxable on the parent under the relevant rules.

A trust is not a simple workaround. An adult child's circumstances also matter; for example, their own mortgage eligibility, income tax bands and existing property ownership may change the family's overall result.

Compare gifting now with passing property on death

An outright gift today may incur CGT while a transfer on death generally does not crystallise the deceased's CGT gain, although IHT may be due and beneficiaries normally inherit a value for CGT purposes based on the death valuation. This makes an integrated CGT and IHT appraisal essential.

Before giving away a home, consider whether the parents need its rental income or occupancy, the children's long-term intentions, the wills, insurance, lender conditions, care-fee considerations and all applicable residence and tax rules.

Frequently asked questions

Can I put a rental house in my daughter's name and avoid tax if she pays nothing?

Not necessarily. CGT may arise on the market-value gift and mortgage debt may create SDLT consideration. The IHT result depends on the seven-year, reservation and other rules.

If I give my home to my child and continue living there, is it outside my estate after seven years?

Commonly not if you still benefit rent-free. Gift-with-reservation rules may keep its value within your IHT estate even after seven years.

Official sources and further reading

These links are provided to help you check the underlying HMRC and government guidance. Official information is not a substitute for advice on your own ownership, residence, borrowing or family circumstances.

Prepared 13 October 2026. Confirm subsequent legislative changes and HMRC updates before making any decision.

Considering letting or managing UK property?

Hermens provides property marketing, lettings and management in West London and Surrey. We can discuss the property's letting arrangements and rental market position, but we do not prepare tax returns or advise on personal tax planning, deeds or legal ownership structures.