Stamp duty question
Stamp duty question
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Discussion

TameRacingDriver

Original Poster:

20,566 posts

301 months

Friday 15th November 2019
quotequote all
So our landlord has decided to sell up. A bit inconvenient really at the moment for various reasons, but it is what it is...

However, I am a little confused about stamp duty.

My understanding is a first time buyer is exempt if the house is under £300k.

Problem is I'd be getting a mortgage with the other half and she isn't a first time buyer (but I am).

I can't quite tell if this means I would still be exempt if we did a joint mortgage due to me being a first time buyer, but I have a feeling we're going to be stung for 2% if the house is over £125K (which it likely will be although I'm in the North East so houses are quite cheap up here).

Can anyone advise? I've had a look at the gov website but I'm still not 100% sure to be honest.

The other way around it I would guess would be to get the mortgage in my name only, but then that's likely to affect my chances of being accepted (due to lower income)?

Cheers

cbmotorsport

3,065 posts

147 months

Friday 15th November 2019
quotequote all
You both have to be first time buyers.

eybic

9,212 posts

203 months

Friday 15th November 2019
quotequote all
cbmotorsport said:
You both have to be first time buyers.
This. We have just purchased a house and the main thing is that we are both 1st timers.

TameRacingDriver

Original Poster:

20,566 posts

301 months

Friday 15th November 2019
quotequote all
Thanks, thought as much. Bugger. Mind I've seen a house for £130k so maybe an offer of £124995 might be in order hehe

Don't really know where to start with all this stuff...

eybic

9,212 posts

203 months

Friday 15th November 2019
quotequote all
TameRacingDriver said:
Thanks, thought as much. Bugger. Mind I've seen a house for £130k so maybe an offer of £124995 might be in order hehe

Don't really know where to start with all this stuff...
It's not unusual for properties to be listed below stamp duty thresholds so an offer like that would be quite normal.

TameRacingDriver

Original Poster:

20,566 posts

301 months

Friday 15th November 2019
quotequote all
I've just seen that actually the stamp duty is now only £500 not 2% as it was before, so that's not so bad in the end. That rate was pre-2018 I believe.

I used this tool to calculate.

https://www.tax.service.gov.uk/calculate-stamp-dut...

That's made me feel better.

TameRacingDriver

Original Poster:

20,566 posts

301 months

Friday 15th November 2019
quotequote all
Another question, if anyone knows...

My dad has put his house into a trust for me, so that the property will be mine when my parents pass away.

Is this classed as me having a second property? If so, the duty will leap up to £5K which is even worse than I originally thought.

eybic

9,212 posts

203 months

Friday 15th November 2019
quotequote all
IANAL but would say that you don't actually own that property so you should be ok.

Alpinestars

13,954 posts

273 months

Friday 15th November 2019
quotequote all
TameRacingDriver said:
Another question, if anyone knows...

My dad has put his house into a trust for me, so that the property will be mine when my parents pass away.

Is this classed as me having a second property? If so, the duty will leap up to £5K which is even worse than I originally thought.
Depends on the type of trust. As a beneficiary, you are deemed to own the property if the trust is for example a bare trust, income in possession trust, or any other trust where you have life occupancy of a property.

wattsm666

741 posts

294 months

Friday 15th November 2019
quotequote all
Depending on the trust/structure this may not avoid the IHT in due course. Look up gifts with reservation.

If it was done a while ago the structure should be reviewed as rules have changed over the years.

TameRacingDriver

Original Poster:

20,566 posts

301 months

Saturday 16th November 2019
quotequote all
Literally just, done, I asked him about this and he thinks it won't apply in this case.

Alpinestars

13,954 posts

273 months

Saturday 16th November 2019
quotequote all
TameRacingDriver said:
Literally just, done, I asked him about this and he thinks it won't apply in this case.
What sort of trust is it?

TameRacingDriver

Original Poster:

20,566 posts

301 months

Saturday 16th November 2019
quotequote all
Alpinestars said:
What sort of trust is it?
Not sure exactly but said there's no income or occupancy so he thinks it will be ok - obviously he is not a solicitor though.

Ultimately I probably need some professional advice.

Another potential thorn is the fact my other half is 46 next year so will they even give us a mortgage?!

DavidY

4,492 posts

313 months

Saturday 16th November 2019
quotequote all
46 is not a problem but many lenders cap limit at 70, so you may have to go for a slightly (shorter) term

TameRacingDriver

Original Poster:

20,566 posts

301 months

Monday 18th November 2019
quotequote all
The solicitor who set up the trust has confirmed that I would not be affected by it. Guess I can go ahead and get a mortgage advisor to set the ball rolling. Thanks for all the replies.

Kev_Mk3

3,639 posts

124 months

Monday 18th November 2019
quotequote all
TameRacingDriver said:
Thanks, thought as much. Bugger. Mind I've seen a house for £130k so maybe an offer of £124995 might be in order hehe

Don't really know where to start with all this stuff...
We just sold one of our houses by doing this.