Stamp duty-married couples

J

Jessiek

Guest
My husband and I are first time buyers. We are thinking that if we keep my name off the mortgage and off the deeds that when I buy the next house, I will be considered a first time buyer and will avoid stamp duty. Can this work? Or because we are married we are considered one unit for tax purposes? If anybody knows the answer, I'd be very grateful if you would take the time to respond. Thanks!
 
As you are first time buyers I assume this will be your Principal Private Residence so I can't imagine one of you would be allowed to purchase as sole owner.
Wasn't that the purpose of the Home-ownership Act, so that both spouses owned the marital home equally
 
If you mean buying now in one of your names and later in the other partners name will you not have to pay SD - then I believe this won't work from Tax/Revenue point of view.
If you do a search you should find similar examples on this board...
 
The Revenue publications on this point deal with the situation where the other spouse is, in fact, contributing towards the purchase of the house (by using funds from a house previously owned by them). It does not deal with the situation where one spouse entirely finances a house purchase on their own.

I cannot see any Revenue publication or legislation which would prevent the purchaser from claiming first time buyer's status in this case.
 
From your post, you seem to be suggesting that at some time in the future, your husband would sell his house and you would buy one. In this case, if the proceeds of selling the first house was used as a deposit to purchase the second, then this would negate you being a first time buyer, so SD would be applicable.

The Revenue might also oblige you to prove that you did not contribute to the first house.
 
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