Hi All,
I have never owned a property in the UK. For the last 15 years I have lived with my elderly mother in her property. I am on the electoral roll at this address, HMRC send my tax returns to this address, my doctor, banks and everybody else has me as being resident at this address.
Four years ago I bought an apartment in Spain. It is a holiday home for me and my mother and we spend three months a year there on average. I am not on any electoral roll over there and have never applied for any firm of residency in Spain.
I now wish to buy a property in the UK around the corner from my mother. Am I liable for the additional 3% SDLT on this purchase ?
I suspect that the answers I get back will be "yes" as all my reading leads me to believe that I am liable. But somehow I get the feeling that my situation is not one intended to be caught up by this tax and wonder whether I would ever be prosecuted if I pleaded lack of clarity at the time of purchase and did not declare my property in Spain to the conveyancer.
On a very similar theme, there must be hundreds of thousands of couples (or individuals) in this country with main residences in the UK and holiday homes abroad. Are we to believe that every time one of these couples (or individuals) decides to move their main residency in the UK from one house to a different house then they will always be liable for the additional SDLT because they also have a holiday home in Spain ? I strongly suspect such people would not be liable for this SDLT as otherwise there would be uproar amongst all these people. Isn't my situation identical to this situation and hence shouldn't I just plead ignorance and not tell my conveyancer about the Spanish property.
Any thoughts gratefully received.
Des
- Home
-
Tax News
- Budgets and Autumn Statements
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings & Investments, Pensions & Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations & Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practice and Methods
- Professionals in Practice & Industry
- General
- TaxationWeb
-
Tax Articles
- Budgets and Autumn Statements
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings and Investments, Pensions and Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations & Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practice & Methods
- Professionals in Practice & Industry
- General
- Tax Tips
-
Tax Forum
- Income Tax
- Business Tax
- PAYE and Payroll Taxes, National Insurance, NICs
- Company Taxation
- Savings & Investments, Pensions & Retirement
- Capital Gains Tax, CGT
- Property Taxation
- Inheritance Tax, IHT, Trusts & Estates, Capital Taxes
- Tax Investigations and Enquiries
- VAT & Excise Duties
- Stamp Duty, Stamp Duty Land Tax, SDLT
- International Tax
- HMRC Administration, Practices & Methods
- Professionals in Practice & Industry
- General
- Tax Jobs
- Get in Touch