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First time buy in Uk owning share of non habitual property outside uk

12 replies

Judemastr · 21/05/2023 05:34

Hi , I own a share of old and non habitual property in another country worth less than £10k in market value, am I considered as first time buyer or additional stamp duty has to be paid ? Is there any recent change in condition C or D for buyers like me ?

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Alongtimelonely · 21/05/2023 05:40

Sorry you are not a first time buyer. My friend had this issue as her Polish parents put a share of their little house in her name.

starrynight21 · 21/05/2023 05:44

Sorry but you part own a property. So you are not a first time buyer.

Judemastr · 21/05/2023 05:50

thank you for your response

so this purchase considered as additional property or moving Horne ? I can see higher rates for additional property

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RNBrie · 21/05/2023 05:51

It's a bugger but you won't be considered a first time buyer for stamp duty purposes. Same thing happened to my friend who owns a tiny percentage of a family property in Germany. Can you stop owning it somehow??

Judemastr · 21/05/2023 06:00

no buyers can’t sell it immediately due to non habitual state can lease out for long term wil it work

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Judemastr · 21/05/2023 06:18

Should I pay stamp duty for additional property or moving Horne ? There are higher rates for additional property

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WuTangGran · 21/05/2023 08:45

Horne?

ididntwanttopostthis · 21/05/2023 09:42

Judemastr · 21/05/2023 06:18

Should I pay stamp duty for additional property or moving Horne ? There are higher rates for additional property

You’re liable for the 3% additional SDLT, even if the property is abroad.

gogohmm · 21/05/2023 09:44

Double check with a knowledgable solicitor because I remember reading somewhere (I think the guardian) that there's an exemption for property worth under a certain threshold, £40k rings a bell. You still aren't a first time buyer but you wouldn't have to pay additional stamp duty as long as it's to be your main home, don't quire me but check

gogohmm · 21/05/2023 09:47

Here's another exemption:

But, if you have only inherited a share of a property you may be exempt. According to legislation if you inherit 50% or less of a property, and you buy a residential property within three years, you don’t have to pay the extra 3% stamp duty.

Christmascracker0 · 21/05/2023 10:05

If the property abroad is seen to be not residential then you will be a first time buyer.

Per HMRC manuals, if the property is notused or suitable for use as a single dwelling, or in the process of being constructed or adapted for use as a dwelling” then it’s not residential.

For context, HMRC also say ““Dwelling” takes its everyday meaning: a building, or a part of a building that affords those who use it the facilities required for day-to-day private domestic existence and a sufficient degree of permanence. The meaning of “dwelling” also includes buildings under construction where it can be evidenced that they are being built or adapted for use as a dwelling.”

What is the property abroad like - are there windows/a roof, is it connected to utilities, are local property taxes paid?

(Ps - I am a tax adviser!)

Judemastr · 23/05/2023 19:16

thanks for helpful advice.

property has roof utilities taxes paid due to major structural problem major documentation error in sale deed so cant be sold it needs rebuild and uncooperative previous seller to correct the old deed still lot more issues how to explain to hmrc

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