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  • FIRST POST
    • NicholaRooke
    • By NicholaRooke 7th Aug 18, 2:17 PM
    • 1Posts
    • 0Thanks
    NicholaRooke
    Complicated Stamp Duty Question
    • #1
    • 7th Aug 18, 2:17 PM
    Complicated Stamp Duty Question 7th Aug 18 at 2:17 PM
    My husband and I are buying a house.
    He is technically a home-owner already since he and his sister inherited their parents house, owning 50% of the property each. His sister lives in this property.
    He has not lived in the property for 6 years as we have been co-habiting in rental accommodation.
    We are now buying our first property, his sister will remain in the inherited house.
    It seems stamp duty applies to him, is that right? Even though the inherited property is not his main residence and hasn't been for some time?
    Is there any way around this?
Page 1
    • Doozergirl
    • By Doozergirl 7th Aug 18, 2:21 PM
    • 25,945 Posts
    • 70,152 Thanks
    Doozergirl
    • #2
    • 7th Aug 18, 2:21 PM
    • #2
    • 7th Aug 18, 2:21 PM
    Not just Stamp Duty, but the Additional 3% Stamp Duty if his share is worth more than 40k.

    The additional 3% is solved by selling his half of the house. There isn't a solution to the FTB element as he isn't a first time buyer (owner, in this case)

    Everything that is supposed to be in heaven is already here on earth.
    • Pixie5740
    • By Pixie5740 7th Aug 18, 2:26 PM
    • 13,129 Posts
    • 18,900 Thanks
    Pixie5740
    • #3
    • 7th Aug 18, 2:26 PM
    • #3
    • 7th Aug 18, 2:26 PM
    My husband and I are buying a house.
    He is technically a home-owner already since he and his sister inherited their parents house, owning 50% of the property each. His sister lives in this property.
    He has not lived in the property for 6 years as we have been co-habiting in rental accommodation.
    We are now buying our first property, his sister will remain in the inherited house.
    It seems stamp duty applies to him, is that right? Even though the inherited property is not his main residence and hasn't been for some time?
    Is there any way around this?
    Originally posted by NicholaRooke
    When you say. "he is technically a home-owner already," what you actually mean is that he is legally a home-owner already, it's not a technicality.

    As well as a legal owner is your husband also a beneficial owner of the property his sister lives in? Can his sister afford to buy him out?
    • SDLT Geek
    • By SDLT Geek 7th Aug 18, 3:11 PM
    • 321 Posts
    • 190 Thanks
    SDLT Geek
    • #4
    • 7th Aug 18, 3:11 PM
    • #4
    • 7th Aug 18, 3:11 PM
    Has he inherited his half share in the last three years? There are special SDLT rules around shares not exceeding 50% acquired in the last three years.
    • susansday
    • By susansday 9th Sep 18, 3:38 PM
    • 8 Posts
    • 2 Thanks
    susansday
    • #5
    • 9th Sep 18, 3:38 PM
    Special SDLT rules ?
    • #5
    • 9th Sep 18, 3:38 PM
    Where can I find out about these?
    • frugalmacdugal
    • By frugalmacdugal 9th Sep 18, 3:46 PM
    • 6,371 Posts
    • 5,483 Thanks
    frugalmacdugal
    • #6
    • 9th Sep 18, 3:46 PM
    • #6
    • 9th Sep 18, 3:46 PM
    Hi,



    have a look here.
    Y'all take care now.
    • 00ec25
    • By 00ec25 9th Sep 18, 3:59 PM
    • 7,075 Posts
    • 6,776 Thanks
    00ec25
    • #7
    • 9th Sep 18, 3:59 PM
    • #7
    • 9th Sep 18, 3:59 PM
    Where can I find out about these?
    Originally posted by susansday
    the rules are here
    https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09795

    and the example at the bottom covers your scenario
    Last edited by 00ec25; 10-09-2018 at 6:04 PM.
    • Hoseman
    • By Hoseman 10th Sep 18, 2:32 PM
    • 368 Posts
    • 175 Thanks
    Hoseman
    • #8
    • 10th Sep 18, 2:32 PM
    • #8
    • 10th Sep 18, 2:32 PM
    You may also want to look at this resource which has a wide range of SDLT scenarios in the form of Questions and Answers. There may be something here that is similar to your circumstances:

    https://www.annlhumphrey.com/sdltquestions/
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