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Avoid Paying Tax

I have a friend who is moving into another house. He is exchanging with the current owners plus he will need to pay an additional payment. For the sake of argument lets presume my friends house is worth £400k and the house he is exchanging into is worth £500k. He will need to pay the existing owners an additional £100k.

His solicitors have advised that there is no way around paying Stamp Duty on the property.

Can somebody advise on the best way of completing this sale with paying minimal Tax? I was thinking that maybe my friend could agree the sale of £400k and give the owners £100k as a gift?

Anybody any ideas?

Comments

  • I have just thought. Could both parties agree to sell their homes at £12500 to aviod stamp duty. Then give the difference between what the homes are worth as a gift? This would be in this example £100k.

    Neither party are related and only know of each other through the estate agent if that would make any difference to gift
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    good idea
    but
    its illegal
    the solicitor will tell the HMRC or risk losing his livelihood
    if found out both will have to pay the tax due plus 100% penalty
    and face a lifetime of having their tax affairs investigated year on year
    and of course one of them has to trust the other to 'give' them 100,000 even though there is no contract ( and he knows the other guy is a crook)
  • Ian_W
    Ian_W Posts: 3,778 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Tell your mate to pay £400k for the house and a £100K for some tatty carpets and curtains.
    Still illegal,
    still get reported,
    still subject to tax +100% penalties
    but you will have a contract
    AND, most importantly -
    it will give the Inland Revenue a good laff!
  • RayWolfe
    RayWolfe Posts: 3,045 Forumite
    1,000 Posts Combo Breaker
    tomsocr wrote: »
    His solicitors have advised that there is no way around paying Stamp Duty on the property.
    Why do folk come here for advice on how to break the law?
    He pays his solicitor to advise on how the law works, he should take that advice.
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