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Stamp Duty Avoidance

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Comments

  • dudes_2
    dudes_2 Posts: 93 Forumite
    Is it illegal for you to offer to pay for the house (£175k), and because you want a quick sale, their estate agent fees and solicitors fees (£5k)?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If all else fails.....gazunder them.
  • Also remember the loan to value ratio of any mortgage is calculated on the £175K.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • confused31_2
    confused31_2 Posts: 1,272 Forumite
    just tell them, you will pay 5000 pound direct to them through the bank, ive transefered 1000's pounds between people direct through the bank without any soclicitor.
    I am not a Mortgage Adviser
    You should note that this site doesn't check my status as not being a Mortgage Adviser, so you need to take my word for it. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    confused31 wrote: »
    just tell them, you will pay 5000 pound direct to them through the bank, ive transefered 1000's pounds between people direct through the bank without any soclicitor.

    The problem here is that this is definitely a provable attempt to defraud the tax. The penalties are not worth the risk.

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Matty0682
    Matty0682 Posts: 119 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    schoey123 wrote: »
    Hi All,

    We put in an offer of 175k on a house the vendors want to sell for 180k.

    They rejected 175k saying the will not go below 180k. Having considered this we are now happy to go to 180k as we love the house.

    However I would like to avoid paying Stamp duty by completing on 175k and coming to some agreement on the remaining 5k.

    Can anyone provide any advice on how I can legally get round this ?

    If you are prepared to pay £180k, I would only do so if the seller agrees to pay the stamp duty.

    So the seller would get £180k - £1.8k = £178.2k. Therefore both parties are better off
  • pawpurrs
    pawpurrs Posts: 3,910 Forumite
    1,000 Posts Combo Breaker
    Davesnave wrote: »
    If all else fails.....gazunder them.

    Thats rarther out of character :eek:
    Pawpurrs x ;)
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pawpurrs wrote: »
    Thats rarther out of character :eek:

    Not really. [strike]The sellers aren't 'selling to buy' and [/strike]the offer is around 9-10% under, which isn't out of the way, as you and I know, so in this instance it might actually be doing the sellers a favour. i.e. saving them from themselves! [strike]Probate sales are notorious, and OP is lucky s/he's only dealing with two people, not a committee[/strike].

    I always try to see things from both sides. Here, I admit, I don't know the full circumstances. ie whether the £180k represents a reduction which is 'final.' OP has not told us there's a previous history of reduction, so I'm assuming not.

    I still think the best solution is Doozergirl's, but as a last resort, and if the OP is struggling, I don't see the amount of 'pain' which would be inflicted as excessive. Unlike others, I'm not suggesting something illegal either!:A

    ETA: I have just realised that I've muddled this house up with another one on the 'To those selling....' thread! :o They are similar, but this one isn't a probate sale. I still think the OP is sensible to be avoiding Stamp Duty and that the vendors are so close to the threshold this will happen again and again.
  • mel19632
    mel19632 Posts: 647 Forumite
    you can offer to pay their estate agency fees - on a 175k sale including VAT this will be £2,000-£3,000 depending on the fee they are being charged. hopefully this should be enough, if you are on good terms with the vendor/agent you can always have 'a gentlemans agreement' for the additional cash.
    Paying down the mortgage:
    At 1 October 2011: £226,000
    Currently: £224,499
    Aim: 85% LTV (£212,500)
    Paid £1,500
    Target remaining: 88.89%
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