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Stamp duty - getting away without paying it

A friend of mine has sold his house and has moved back home last week. He has now put an offer in on another house and believes he wont have to pay stamp duty as he will be classed as a first time buyer.

Is this right, as im sure they must know if you have owned a house or not before.
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Comments

  • BeccaBell
    BeccaBell Posts: 92 Forumite
    If he has EVER owned a home be it inherited, bought for, whatever he will have to pay stamp duty.
    Hope that helps
    "It would be so nice if something made sense for a change" ~ Alice in Wonderland
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He is not a first time buyer for the purposes of the stamp duty rules. If he lies on the form, he will most likely be caught out; even if they didn't spot it, there's always 1000 people prepared to dob you in over the next 10 years. If he lies on the form that's tax evasion, which is highly naughty .... and he will be hung out to dry by her majesty's finest.

    So ... if he does 'get away with it', your role is: Chief Dobber.
  • FraudBuster
    FraudBuster Posts: 931 Forumite
    Check out National Hunter:

    http://www.nhunter.co.uk/
  • camper_1982
    camper_1982 Posts: 186 Forumite
    Thanks, i did tell him as ive just sld and brought and i paid it, but he wont have it, he reckons he is now a first time buyer.

    Im not saying anymore. Some people dont want to be helped.
  • sunshinetours
    sunshinetours Posts: 2,854 Forumite
    deleted **
  • martindow
    martindow Posts: 10,582 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm sure his solicitor will put him straight (unless he lies to them of course).
  • lee636
    lee636 Posts: 460 Forumite
    So ... if he does 'get away with it', your role is: Chief Dobber.

    :rotfl:

    He reckons he's now a first time buyer? He clearly has no understanding of what classes someone as such - let him make his own mistake, fool.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Point your friend at the HMRC notes under the heading 'SDLT relief for first time buyers' at

    http://www.hmrc.gov.uk/sdlt/calculate/reliefs-exemptions.htm#15

    .. particularly the fourth bullet point.

    HMRC may not KNOW he's owned before, but if he makes a false declaration with regard to an SDLT return, he's automatically guilty of tax fraud.
  • lee636
    lee636 Posts: 460 Forumite
    Scrap my first post, tell him to go for it! :j
  • timmyt
    timmyt Posts: 1,628 Forumite
    A friend of mine has sold his house and has moved back home last week. He has now put an offer in on another house and believes he wont have to pay stamp duty as he will be classed as a first time buyer.

    Is this right, as im sure they must know if you have owned a house or not before.

    you must have misquoted what he thinks, as no one is that daft to sell and then think they are a first time buyer.
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
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