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Stamp Duty confusion...

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Comments

  • SuzieSue
    SuzieSue Posts: 4,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    ddavis wrote: »
    No, but if I did give him something for it then we'd be in exactly the same position as we are now but I won't have paid a penny in SD.

    I wonder how many people do that instead...

    I wouldn't have thought very many people would do that as you would have to be very trusting even if it was your son or daughter - you just never know. What if, after you gave away the property, the person you gave it to wasn't able to get a mortgage?
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 November 2012 at 9:59PM
    ddavis wrote: »
    What I find most interesting is I could entirely avoid stamp duty by getting my dad to gift me the house for nothing, then mortgaging it and giving him £140k. What a crazy system.

    HMRC are very likely to consider that tax evasion, unless you are planning on there being years between the two events. The two transactions are still linked, even if not done simultaneously. The taxman really is not that stupid and there really are very few loopholes left. A gift has no expectation for anything in return, your scheme there is an expectation even if you haven't documented that, what you suggest is more like a loan.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • ddavis
    ddavis Posts: 336 Forumite
    Fire_Fox wrote: »
    HMRC are very likely to consider that tax evasion, unless you are planning on there being years between the two events. The two transactions are still linked, even if not done simultaneously. The taxman really is not that stupid and there really are very few loopholes left. A gift has no expectation for anything in return, your scheme there is an expectation even if you haven't documented that, what you suggest is more like a loan.

    Makes senese. I'm not doing that, just wondered why they'd leave such an opportunity open.

    Are we any closer to a resolution of what I should pay? I'm thinking go with the lower (and jot down the name of who told me) and then if they come after me for the difference I'll pay it. I'll have acted in good faith and followed the advice of their representative.
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