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I brought a second home 2 years ago, as I was self employed

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I brought a second home 2 years ago, as I was self employed and had a low income I got my mother in law to put her name on the mortgage. she put no money towards the purchase and was simply to help me with the mortgage. I now have a good income and have had a mortgage approved in my name and my wife's and am transferring the deed over. My solicitor has now said we need to pay stamp duty at the higher rate for my wife to be put on the house deeds. Is there a way I can do this without paying the stamp duty? What if I just have my name on the deeds and not my wife? Thank you
Submitted: 5 months ago.
Category: Tax
Expert:  Sam replied 5 months ago.

Hi

Thanks for your question - I am Sam and I am one of the UK tax experts here on Just Answer.

No there is no way to avoid stamp duty, on either proposal and I should also advsie your mother in law will be liable to capital gains tax on this transfer - whether she transfers all or half to you as she is disposing of all or part of a property that has never been her main residence.

Capital gains would apply even if there was no mortgage on the property and she gifted it to you - I am afraid there is no avoiding thee charges unless she continues to pay off the mortgage and transfers it through her will ( but then if her estate of more than £325,000 then there is Inheritance tax to consider)

Let me know if I can assist further

Thanks

Sam

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