no longer owner occupier - is stamp duty payable?

[aoc]

Friend married with 2 houses - 1 they rented out, one they lived in - owner occupier.

her husband has died and she no longer lives in the house they shared, she rents another house (not their own). she has rented out the house that they lived in also, so has 2 rental incomes.

Given that she is no longer an owner occupier does she have to pay stamp duty on this house now? (like as an investor etc??)

 

[ClubMan]

I'm not clear on the relevance of the second house to this query?

When was the family home house purchased and when was it first rented out? If it was rented out before December (13th?) 2007 and this happened within 5 years of purchase then SD clawback applies. If it was rented out since December (13th?) 2007 and this happened within 2 years of purchase then the SD clawback applies. Otherwise not. There are obviously other tax implications of renting out a property - former PPR or otherwise and the Property Investment FAQ, key posts and many existing threads on such issues cover many of them.

 

[aoc]

family home purchased approx Jan '06, rented out approx Feb '07 - so i think there may be a stamp duty claw back.

All above board as regards renting house etc, just wondering about how much stamp duty would be payable, how is it calculated..

will have a look at other posts re investments..

 

[ClubMan]

family home purchased approx Jan '06, rented out approx Feb '07 - so i think there may be a stamp duty claw back.

Yes.

All above board as regards renting house etc, just wondering about how much stamp duty would be payable, how is it calculated..

The difference between what an investor would have paid on the purchase and what was actually paid.

 

[aoc]

Is there any way you can make an appeal to the revenue re the payment - or is it x amount, pay it and move on....

friend's husband committed suicide in the house, so she will never live there again... wondering can she appeal due to circumstances??

 

[ClubMan]

Is there any way you can make an appeal to the revenue re the payment - or is it x amount, pay it and move on.... friend's husband committed suicide in the house, so she will never live there again... wondering can she appeal due to circumstances??

I'm not aware of any grounds for waiving this tax. I doubt that there are any but no harm in asking Revenue or a good tax advisor.

 

[aoc]

ok, thanks - will mention it to her, I did speak to someone recently that works in a solicitors office and she mentioned that if it were here she would get a solicitor to try appeal / negotiate it for her... will see how she gets on...