Help to Buy ISA not getting the bonus!

Options
Hi all

Would appreciate some help if possible.

Daughter has just today completed on a property.

She has a Help to Buy ISA worth about £4000.

Solicitor has informed her that the bonus on top of that from the Government as been rejected.

She's phoned her bank and they say because she closed one HTB ISA and opened another in the same year with a different bank she's not entitled to the bonus. Is this correct?

She's set to lose out on approx £1150

Thanks for any help!

Comments

  • eskbanker
    eskbanker Posts: 31,210 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    It's correct that closing one and opening another in the same tax year (other than via the proper transfer process) is against the rules but paying no bonus at all seems a bit harsh. Exactly which accounts were opened and closed when and how much was paid into each? What was she asked to declare when opening the second one?

    There is a dispute process after a bonus rejection, see section 7.5 (G) of the scheme rules, but worth establishing all of the relevant facts first to determine if there's a case to be made....
  • MrsJam
    MrsJam Posts: 134 Forumite
    Options
    Thanks for the reply and the info.

    It was in December 2015 when she closed down one ISA, then opened another one because it had a better interest rate. All this was done online, she said she wasn't asked to declare anything.

    She had approx £1200 in her account at that time.
  • Ed-1
    Ed-1 Posts: 3,894 Forumite
    First Anniversary Name Dropper First Post
    Options
    MrsJam wrote: »
    Thanks for the reply and the info.

    It was in December 2015 when she closed down one ISA, then opened another one because it had a better interest rate. All this was done online, she said she wasn't asked to declare anything.

    She had approx £1200 in her account at that time.

    Why didn't she transfer it rather than close it down?
  • isasmurf
    isasmurf Posts: 1,999 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    edited 9 June 2017 at 10:23PM
    Options
    If the first ISA was fully closed before the second ISA was opened then I think, if I've interpreted Scheme Rule 5.5B correctly, it should still qualify for the bonus under the self-transfer clause in the ISA regulations, but I'd welcome opinions from others.
    In the event that HMRC “repairs” (as that term is used under and for the purposes of Regulation 4A of the ISA Regulations) a Help to Buy: ISA, or determines that a Help to Buy: ISA is “eligible for the relief in paragraph (2)” of Regulation 4B(1) of the ISA Regulations (as the term “eligible for the relief in paragraph (2)” is used under and for the purposes of Regulation 4B(1) of the ISA Regulations), an Eligible Customer shall remain entitled to claim a Bonus in respect only of amounts paid into, and that remain in, that Help to Buy: ISA, following the application by HMRC of such relief.

    Regulation 4B says
    1) Where -
    (a) an account investor, within the same year -
    (i) subscribes to a cash account,
    (ii) then closes it (“the closed account”), and
    (iii) subsequently first subscribes to another cash account, and

    (b) the closed account was (apart from under this regulation) exempt from tax under regulation 22(1), the earliest account in that year to fall within the terms of sub-paragraph (a)(iii) (the “first later account”) shall be eligible for the relief in paragraph (2).

    (2) The first later account shall be treated, as from the date of the first subscription to it mentioned in paragraph (1)(a)(iii) as complying with the conditions of regulation 4(1B)(a) in the same manner as the closed account.

    (3) In this regulation, an account is closed where -
    (a) the account investor withdraws from the account all account investments, other proceeds in respect of such investments and cash, representing subscriptions to the account (and closure shall be treated as occurring at the date of such withdrawal), and
    (b) no further subscriptions to the account are made during the remainder of the year, after such withdrawal.
  • eskbanker
    eskbanker Posts: 31,210 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    MrsJam wrote: »
    Thanks for the reply and the info.

    It was in December 2015 when she closed down one ISA, then opened another one because it had a better interest rate. All this was done online, she said she wasn't asked to declare anything.

    She had approx £1200 in her account at that time.
    The scheme only started in December 2015 and it was indeed possible to have paid £1200 into a new HTB in that month. However, the published FAQ at https://www.helptobuy.gov.uk/help-to-buy-isa/faq/#919a24ea-e1f7-648f-8ce9-ff0000ad17aa clearly states:
    If I close my account, can I open a new Help to Buy: ISA?
    If you hold a Help to Buy: ISA, and close it without claiming your government bonus, you can open a new account in the following tax year (provided the new account is opened before 30 November 2019).
    so if she closed her newly-opened account in December 2015, she should have been able to open a new one in April 2016. However, starting one from £0 in April 2016, it wouldn't have been possible to reach £4600 (for a £1150 bonus) by June 2017, so something doesn't add up - if the second account was opened before April 2016 (having already opened one in December 2015) then there should have been a declaration about not having contributed to a cash ISA in tax year 2015/16.

    Opening online doesn't make any difference, the account holder is still responsible for ticking a box (or the equivalent) to say that they've adhered to the relevant Ts & Cs....
  • MrsJam
    MrsJam Posts: 134 Forumite
    Options
    Thank you all for the replies,

    Will pass this onto her.
  • atush
    atush Posts: 18,730 Forumite
    Name Dropper First Anniversary First Post
    Options
    Ed-1 wrote: »
    Why didn't she transfer it rather than close it down?

    Yes, the proper procedure with ISAs is to get the new ISA to transfer the money in from the old isa.

    If you close it yourself, you lose out.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards