Query re First Time Buyer status of widow

[Z100]

(Hope it's okay to start this thread, I posted the same query in the middle of another general FTB thread but this is a more specific query)

I can't find an answer to this on the Revenue site so hoping someone can help.

House of relation, bought 40 years ago, was originally only in name of husband but later changed to joint names with his wife.

Husband died recently and wife is now sole owner of house.

She wants to sell and buy a smaller home.

I can't see any possible way that she could be categorised as a FTB, but some advice she has received suggests otherwise. She wasn't technically involved in the purchase of the house but is now the sole owner and will be the sole beneficiary from its sale.

Any opinions? Thanks.

 

[mf1]

My initial raction was Yeah Right, As If, In Your Dreams. But then I read the Revenue notes and technically she could be considered a FTB. She did not build or purchase. And she has now inherited a one half share. The gift into joint names must have occurred before June 2000.

However, if she wants to rely on this, my view would be that she should have any Deed adjudicated and completely disclose all the circumstances to Revenue. That way she can make her case and if she succeeds, grand and if she loses, no harm done and there will be no worry down the line of interest and penalties.

Interesting.

mf

 

[Vanilla]

Can I avail of first time buyer relief if I previously received a gift of a house? The relief can be claimed where the gift of the house was received prior to 22 June 2000 (or prior to 27 June 2000 in the case of part of a house). A gift received after the above date(s) is regarded as a prior purchase and would preclude a person from claiming the relief.


Can I avail of first time buyer relief if I have previously inherited a house? Yes. An inheritance is not regarded as a previous purchase and the first time buyer relief can be claimed provided all other conditions of the relief are satisfied.

Above taken from the Revenue website. So the first transfer of half the interest in the house was a gift from her husband and assuming it was prior to 27 June 2000 isn't counted and the second was an inheritance. It seems, strictly speaking, that she may qualify. Maybe contact the Revenue directly and ask.

Crossed with mf1s post.

 

[Z100]

Above taken from the Revenue website. So the first transfer of half the interest in the house was a gift from her husband and assuming it was prior to 27 June 2000 isn't counted and the second was an inheritance. It seems, strictly speaking, that she may qualify. Maybe contact the Revenue directly and ask.

Crossed with mf1s post.

Thanks mf1 and Vanilla.

Just wondering about the gift aspect of this - as the wife would have been entitled to half the house any way, and (I think) the other half on the death of her husband, can it strictly be categorised as a 'gift'?

 

[mf1]

"Just wondering about the gift aspect of this - as the wife would have been entitled to half the house any way, and (I think) the other half on the death of her husband, can it strictly be categorised as a 'gift'?"

There is no automatic entitlement and yes it will be seen as a gift.

mf

 

[Z100]

"Just wondering about the gift aspect of this - as the wife would have been entitled to half the house any way, and (I think) the other half on the death of her husband, can it strictly be categorised as a 'gift'?"

There is no automatic entitlement and yes it will be seen as a gift. mf

Okay, thanks.

By the way -

My initial raction was Yeah Right, As If, In Your Dreams.

That was a strange response. The widow in question isn't trying to pull a fast one, she simply wants to know what her status will be when she attempts to buy a new home.