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Where Taxpayers and Advisers Meet

(Un)lucky property tax situation

oxford20
Posts:2
Joined:Sun Jan 29, 2017 8:37 pm
(Un)lucky property tax situation

Postby oxford20 » Sun Jan 29, 2017 9:19 pm

Hi all,

In 2012 my parents bought their retirement house to retire in. They bought the property the property as Tenants in Comment, with a separate Trust Deed. In this trust deed, it is stated that:

"It is agreed that the Property is owned by the parties as beneficial tenants in common in the following shares:
i) my father (50%)
ii) my mother (50%)
iii) me"

As I am named on the Trust Deed, the official copy of the Register has me as a legal owner of the property.

I am now trying to purchase my own home, and given that I am named on the property above, I cannot participate in any of the governmental schemes (e.g. help-to-buy) and I have to pay the additional stamp duty.

Is anybody able to help me out with:
i) Why my parents/their solicitor decided to add me to the Trust Deed with 0% share (i.e. is there any benefit for having me on there at all)?
ii) Is there anything I can do that is relatively simple to remove me from the property so that I do not have to pay the additional stamp duty when purchasing my own home?

Thanks in advance (and I can give further information if needed).

section 44
Posts:4467
Joined:Thu Oct 30, 2008 12:47 pm

Re: (Un)lucky property tax situation

Postby section 44 » Mon Jan 30, 2017 2:18 pm

You, your mother and your father could together transfer the legal title to the property to your mother and father.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: (Un)lucky property tax situation

Postby maths » Mon Jan 30, 2017 3:34 pm

With a zero percentage beneficial interest the only reason I can see to have you on the legal title is that on the deaths of parents the legal title will then reside exclusively with you (but it wasn't really not necessary).

The 3% SDLT charge won't apply to you because of being on the legal title.

section 44
Posts:4467
Joined:Thu Oct 30, 2008 12:47 pm

Re: (Un)lucky property tax situation

Postby section 44 » Mon Jan 30, 2017 3:44 pm

With a zero percentage beneficial interest the only reason I can see to have you on the legal title is that on the deaths of parents the legal title will then reside exclusively with you (but it wasn't really not necessary).
I wonder whether something around means-tested benefits/care home fees etc?

oxford20
Posts:2
Joined:Sun Jan 29, 2017 8:37 pm

Re: (Un)lucky property tax situation

Postby oxford20 » Mon Jan 30, 2017 8:14 pm

Thanks all for your reply.

1) Any idea how I can transfer the title such that it includes only my parents rather than all three of us? Do I need a solicitor/conveyancer?

2)
The 3% SDLT charge won't apply to you because of being on the legal title.
Please could you explain this? I am on the legal title, and hence I was assuming that I would have to pay the 3% SDLT...

3) Don't think it was to do with means-tested benefits/care home fees as they are not on benefits, and our community/traditions are not to use care homes and have family look after each other.

Thanks again all!


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