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Buying a share in a property

A relative wants to pay off their mortgage and I have offered to give them the money in return for a 25% share of their flat.

They then intend to move abroad and we wish to rent out the property and receive income in our respective 75% / 25% share.

Will I be liable to pay Stamp Duty on the 25% share?

Comments

  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Will I be liable to pay Stamp Duty on the 25% share?

    Depends on how much you are paying for the 25% share.

    If the flat is worth over £500K and you are paying over £125K for a 25% share then you will have to pay SDLT.
    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.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 June 2011 at 1:57PM
    Have you/your relative (esp your relative!) considered this fully?

    1) At present R owns 100%. If the property increase in value by, say, £50K over time, that 50K belongs to them. Under this arrangement, only £37,500 is theirs.
    2) if the property is rented, income tax is payable on the rent. The mortgage interest can be offset against tax. No motgage = more tax = less income.
    3) What if in the future one of you wants your money back? Can you ask/force the other to buy your share? Or to sell the property?

    Seems to me your relative would do better to move the mortgage to a buy To Let or get Consent To Let (CTL) from their lender, and just rent out their property.

    You are getting a good deal out of this, but if you have your relative's interests at heart, you need to think this through together.

    I've ignored your original Q as Richard has answered it.
  • Good_Money
    Good_Money Posts: 109 Forumite
    Part of the Furniture Combo Breaker
    The 25% share would be 32,500 (value of property 130,000)

    I would be happy to agree that if they wanted to sell in the future I would receive 25% of proceeds.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Good_Money wrote: »
    The 25% share would be 32,500 (value of property 130,000)

    I would be happy to agree that if they wanted to sell in the future I would receive 25% of proceeds.

    I bet you would! You've got yourself a nice little investment there. Your relative is getting, well, a very bad investment.

    I hope you don't like your relative. (though if so that bodes ill for being joint landlords)
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