Stamp duty

[Haille]

Just a query on stamp duty.I purchased original family home from my brother some time back and paid 3% stamp duty. My brother is married but I forgot to check if his wife's name was listed on the deeds as he was owner of property before he got married.I understand there is a reduction in stamp duty from brother to brother.Does the fact that he was married prohit this reduction irrespective of whether his wife's name was on deeds.

 

[eamonn22]

There is a relief for stamp duty between brothers called consanguinity relief however this relief would only apply if your brother was selling you the house. If your brother and his wife sold you the house then you would not be able to claim the relief. Your solicitor should have looked into this at the time.

 

[Haille]

My solicitor told me recently the fact that my brother was selling the house to my wife and I, I did nt qualify for relief.My wife being no blood relation to my brother. If I had known this my wife would gladly have kept her name of deeds and so qualify for relief?

 

[eamonn22]

My solicitor told me recently the fact that my brother was selling the house to my wife and I, I did nt qualify for relief.My wife being no blood relation to my brother. If I had known this my wife would gladly have kept her name of deeds and so qualify for relief?

That's right - if it was your brother selling to you only then you would have qualified for the relief. The fact that your wife was joined meant that you lost the relief.