A joint interest (whether held as joint tenants or tenants in common) in property comes within the definition of property1. The value of such an interest, valued on its own, will often be less than the relevant proportion of the value of the whole. Where property is transferred into joint names by way of gift, the fact that the aggregate value of the respective shares of the property might be less than the value of the property as a whole could give rise to a transfer of value in excess of the value of the property taken by the donee, under the 'loss to the donor' rule2.
Example
A owns a house valued at £400,000.
A transfers the house into the joint names of himself and his son.
The value of the interest of each of them after the transfer is £190,000 (this reduction reflects the difficulty a joint owner has in selling their share).
| | |
| £ | |
| Before the gift, A's estate includes the house valued at | 400,000 | |
| After |
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