Definition of second hand for stamp duty purposes

CreNaCille

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What is the definition of second hand for stamp duty purposes?

I'm found a "new" house I like. It's new in that it is unfinished and has never been occupied.

However the seller is an estate agent who owns a few such houses in the estate and is now selling them on.

He says no stamp duty applies for first time buyers.

Is this correct?
 
This has come up before - if he was the builder/developer and there has been no sale transfer/deed executed before now and the properties have never been occupied, I can see an argument saying that they are new standing up. If he bought them and is now selling them, then they are not new.

The only way to establish is to have your solicitor ask the questions and then get on to Revenue to get a view. Make your decision based on the view - if there are doubts, factor them in.

mf
 
Irrespective of the views of anyone: solicitor, tax advisor, estate agent, me, you, it's Revenues opinion that matters and it'll be solely your tax liability if one is applicable .
 
how much is he selling it to you for ? if its less than 317,500 and your a first time buyer then you wont have stamp duty, you could also speak to your solicitor about a sub-sale if the auctioneer hasnt been registered as owner yet
 
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