First timer buyer?

[cross]

A divorced mother and her adult son have purchased a buy to let property for £212,500. The mother has already purchased a previous property so is not a first time buyer.

However the son has never previously purchased a property and is therefore a first time buyer.

Is the son entitled to claim exemption from stamp duty on his half of the property?

[maths]

No, due to the joint purchase with mother.

[Generix]

S44 - Would this work:

Adult son buys 100% of property as first time buyer.

Then sells 50% to mother.

Presumably stamp duty would only be applicable then on the 50% interest sold to the mother (subject to thresholds) - which I guess would be at 1%?

[section 44]

No. Section 75A would deem there to be a land transaction by the son and mother as joint purchasers.

Also, practically, the son would need to fund the acquisition out of his own funds. If the mother put the sons in funds such that he held purchase monies on trust for his mother then in any event there would be an acquisition (beneficially) by the son and mother as joint purchasers.