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Level 10
June 30, 2025

Consulting engagement

  • June 30, 2025
  • 3 replies
  • 3 views

This illustrates, for me, the risk of having a client who is a friend.   As a friend I was going to answer his question quickly then I realized that this is more complicated that initially it appears.  I often have this niggling thought that friends would be quicker to forgive me should I make a mistake.  And that assumption could be highly consequential if it is wrong.

The dollars are significant, and he is one of the wealthiest clients in my portfolio.

Would you require an engagement letter for this client question?  here is the client question:

The UK has an onerous second home tax called the Stamp Duty (it would be 22,000 pounds for us which is roughly $30,000). People with 2nd homes around here avoid this tax by putting their home in their kids' names. Our UK solicitor has confirmed that this is legal and acceptable. We are thinking about doing this ourselves and putting the new place in our (adult) son's name even though all the money would come from us. We are working through different outcomes from this scenario. If we were both to die, we are okay with our son simply owning the Scotland place. However, if we needed to sell for some reason, this is a little more complicated. Assuming we had his cooperation, does it sound feasible to have him gift the proceeds back to each of us over a period of years at the maximum allowable annual limit that avoids gift taxes? 

3 replies

BobKamman
Level 15
June 30, 2025

They don't call it Stamp Duty in Scotland, it's Land and Buildings Transaction Tax, but in either case 

  • "Abusive Tax Avoidance": Note that if the entire purpose of your child buying a property is purely to avoid paying stamp duty (or LBTT in Scotland), this could be considered an "abusive tax avoidance arrangement".

 

Your friend is concerned about gift tax when the money comes back to him, but not when the house is given to the child in the first place?  My first question, though, would be if the child is married or ever plans to be.  And if so, who gets the house in the divorce? 

Level 10
July 1, 2025

Thank you, Bob.

Your friend is concerned about gift tax when the money comes back to him, but not when the house is given to the child in the first place?

I have explained to him about the gift from giving the house to the son. In my understanding, there will be no tax due but the lifetime exemption will be reduced.  I am pretty confident about this part of it.

And if so, who gets the house in the divorce? 

This illustrates quite well the law of unintended consequences.  He could pay the tax now, own the home, then leave the house per his wishes in a trust.  He could avoid the tax and the let problem be someone else's to deal with after he passes.  Despite being a newly wed to a hot woman, he is prudent, and sensible and will make a thoughtful decision. 

He has a second son, more bright than the other. I might ask if he has considered letting the two sons own it.

 

Abusive tax schemes are an issue.  What are the audit rates?  What is abusive?  Is the penalty a huge consideration.  I don't have time to research these questions.

sjrcpa
Level 15
July 1, 2025

"I don't have time to research these questions." Then it sounds like you don't have time to do the project.

Note: Is it really a gift if given with the stipulation that son will give it, or money's worth, back?

The more I know the more I don’t know.
Intuit Community Champion
September 16, 2025

Absolutely get an engagement letter for this type of consult. The old adage "Everything is fine until it isn't" applies here.

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Intuit Community Champion
September 16, 2025

Also, sometimes just offering/requiring an EL gets a friend-client/prospect to realize this isn't "simple" or "quick." They either then respect it and pay you, or they go elsewhere. Win-win.

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BobKamman
Level 15
September 16, 2025

For those who follow British politics (because it's just as messy as our own, including Epstein friendships), this is a reminder of what can happen when errors are discovered:

UK Deputy Prime Minister Angela Rayner resigned on September 5, 2025, after an independent inquiry found she had breached the Ministerial Code by underpaying property tax on a flat she had purchased. The situation led to her stepping down from her ministerial posts and as Labour's deputy leader.

The property: Rayner admitted that she had underpaid the stamp duty (a UK property tax) on an £800,000 flat she bought in Hove, East Sussex, in May 2025.
The error: Rayner initially relied on incorrect legal advice, but further counsel determined the Hove flat should have been classified as a second home due to complex arrangements related to a trust for her son. This meant she owed an additional £40,000 in stamp duty.