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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10342
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am retired and 73 years old, my wife is retired and 67

Resolved Question:

I am retired and 73 years old, my wife is retired and 67 years old, we own the house we live in.
We have a son aged 31 who for 12years or so has lived with us, suffers from mental health problems and has been on benefits of £250 every 2 weeks.
His GP and we have decided that it would be best if he were to live on his own. So, we are in the process of buying him a flat for £147000. I have just found out that i will have to pay the second home stamp duty on this flat.
If we can show that the flat is for our unwell son, and promise to prove this on a regular bases can we be spared the second home stamp duty.
Should I try to discuss the situation direct with the Tax Office
Submitted: 8 months ago.
Category: Law
Expert:  Aston Lawyer replied 8 months ago.

Hi,

Thanks for your enquiry.

I'm afraid that unless the monies being used to purchase the property belong to your Son (and you are purchasing the property as his Attorney, which you are not), you will be liable for the higher rate of Stamp Duty.

I'm afraid there is nothing you can do to argue your case with HM Revenue & Customs- it is your money, and you will be entitled to the proceeds of Sale as and when the flat is sold. Therefore you will be liable for the Stamp Duty of £4,850.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have answered your question, please don't forget to rate my answer.

Thanks.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10342
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Customer: replied 8 months ago.
Thank you.....I think!!!!

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