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Where Taxpayers and Advisers Meet

First Time Buyer Status and

Pippo
Posts:1
Joined:Thu Dec 19, 2024 10:53 am
First Time Buyer Status and

Postby Pippo » Thu Dec 19, 2024 11:22 am

Hello Everyone,

I understand this has been discussed in many threads in the past here. However, nobody of the original posters has ever clarified what was the outcome of their case (I promise I will report mine to make such discussion more useful for others in the future ;) ).

I have a 'bare ownership (usufruct)' abroad of a flat. My Dad can live there until he is alive, I have no rights to sell, rent, or do anything with that flat as long as my dad is alive. Hence, I will inherit the full property only after my dad passes away (luckily, I don't think this is going to happen anytime soon).

I have gone through dozens of articles and posts online but it seems to me that there are contrasting opinions and not a single case of final outcome with HMRC is reported.

I have several doubts about this but the main question (the most important) I need an answer is:

- Am I still FTB for the stamp duty purpose? AM I right thinking as my dad the one with 'major interest' in the property until he is alive and me just waiting to gain it afterwards (hence, at the moment I have not gained a 'major interest' yet)?
- What would be the best way to proceed in this case? For the moment I have not talked to my Solicitor about it because I sense that in order to avoid any responsibility they will just dismiss it and force me to pay the higher SDLT.

Any help would be highly appreciated.....

Thanks!

AGoodman
Posts:1964
Joined:Fri May 16, 2014 3:47 pm

Re: First Time Buyer Status and

Postby AGoodman » Fri Dec 20, 2024 3:16 pm

You haven't found an answer because the law us unclear. It doesn't mention usufructs at all.

The position you may end up in is to either:

- seek prior clearance under the non-statutory clearance system https://www.gov.uk/guidance/non-statutory-clearance-service-guidance OR
- claim FTB relief but declare in SDLT4 that you are the bare owner of a usufruct over a [country] property, which does not give you any current rights in possession and you do not consider this to be a "major interest".

If your conveyancer won't or can't give proper advice you will need to find a specialist tax adviser.


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