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Claiming 3% SDLT surcharge by disposing off property (gifting)

I moved to a new house 2 years back and was unable to sell my old house which was mortgage free. I had to pay 3% surcharge on SDLT for my second home, but I was told that as long as I sell my first house within 36 months, I will be able to claim refund on SDLT. Now due to Brexit and Covid issues I cannot find a suitable buyer.
In this situation if I dispose off my first property by gifting it to my child, will I be able to get the SDLT refund?

Comments

  • oldbikebloke
    oldbikebloke Posts: 1,096 Forumite
    1,000 Posts Name Dropper
    how old is your "child"?

    if >18 years old do you, as a parent, wish to wreck their chance of buying their OWN property as a first time buyer?
  • Anu22
    Anu22 Posts: 3 Newbie
    First Post
    He is 23 years. He really likes our old home and he wants to live there.
  • Wkmg
    Wkmg Posts: 232 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    how old is your "child"?

    if >18 years old do you, as a parent, wish to wreck their chance of buying their OWN property as a first time buyer?
    1) Surely a free house is worth more than first time buyer stamp duty exemption (assuming they would even qualify, I didn’t).
  • MovingForwards
    MovingForwards Posts: 17,164 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    Be aware of it falling back into your estate if you die with 7 years.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • xylophone
    xylophone Posts: 45,751 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would be gifting a property that is no longer your PPR - any CGT implications?
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