FTB claim back Question

F

Fee

Registered User
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I'm sorry if this has been asked before.

My partner is divorced in the divorce he signed the family home over to his ex wife he made no profit at all, she up & sold the house within a month,
on the other hand I am a FTB, we bought a house last year & had to pay nearly €20,000 in Stamp duty.. I did write to my local TD & he said that there was a flaw in the system & that they were going to change it sometime this year but that we would not be able to get any money back, but i have since heard that we might be able to claim back some of the Stamp Duty i also heard that it was a rule that Revenue don't publizise, as they would have to give back money. Does anyone know anything about this.. is it wishfull thinking???
 
Re: FTB claim back Question ??

From Revenue website : First Time Buyers


Are there any special situations where a person who is not a first time buyer can avail of first time buyer relief?
Yes. There are two particular situations where a person is deemed to be a first time buyer.




(a) Not relevant
(b) A spouse to a marriage the subject of a decree of judicial separation, a deed of separation, a decree of divorce or a decree of nullity in the case of the first acquisition of a house by the spouse following the separation or divorce provided that the spouse had, in relation to the former marital home,
• left that home;
• not retained an interest in that home;
whose separated/former spouse continues to occupy that home, which home was occupied by both spouses prior to the separation or dissolution of the marriage.

You should revisit the matter with your solicitor - it may be that the scenario does or does not apply to you depending on the particular circumstances.

mf
 
Re: FTB claim back Question ??

thats brillant mf thanks for that ...
 
Re: FTB claim back Question ??

got reply back
I am sorry but the change in the leigslation only applies to instruments
executed on or after 1/2/7.
 
Re: FTB claim back Question ??

Fee,

the legislation referred to is the new legislation.

However, the exemption referred to by MF1 has been in place for a few years.

If, when you bought the house your partner had signed over his share of the former home to his Ex and she was still living in it, then he would be treated as a FTB for stamp duty purposes.

However, I note that you say the Ex sold the house within a month, so if your house purchase did not occur during that month, there's no refund due to you.
 
Re: FTB claim back Question ??

Nige

they updated the legislation only a few months ago
that the ex did not have to be still living in the house.

But when i emailed the stamp duty department the girl told me
that yes it has changed but you can only claim back to 01/02/07
we bought our house last octobter so we are 4/5 months too late
to claim it..
 
Re: FTB claim back Question ??

Do you know if there has been a change in the legislation? Recently?

I got a refund for a client in July 2002 relating back to a Deed in 2000.

If you have a specific reference would you post it - its always important to know if there has been a change in Revenue policy.

mf
 
Re: FTB claim back Question ??

well this is the mail i got back from the stamp duty department.


I am sorry but the change in the leigslation only applies to instruments
executed on or after 1/2/7.
 
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