First time buyer stamp duty relief - proceeds from sale of inherited property abroad

SDLT_Geek

Rich2808 wrote: »

On a separate point is there clarity on the trigger date for ceasing to be an FTB in the case of inheritance. Would it be the date of death of the person leaving the house, date of probate, the date of sale by the executor or the date the property was transferred into the names of those inheriting (not applicable here) or the date the proceeds of sale were received from the executor? In Ireland that process from death to probate to sale can take many months if not years compared to the UK.

I assume you are asking about the relief from SDLT for a first time buyer. This falls to be tested on the "effective date" of the purchase in England. The "effective date" is usually the date of completion. If by that date the buyer has not acquired an interest in a property then the buyer is a first time buyer. so, if the rules in Ireland are the same, your niece would be looking to establish that at no time before her English purchase completes did any of these happen:

(a) The Irish property, or a share in it, was assented to her.
(b) The Irish property, or a share in it, was appropriated to her.
(c) The personal representatives completed the administration of the estate at a time before the Irish property was sold.