SD payable on transferring house to one name

[roytheboyo]

Please consider the following,
Couple buy new build (no SD)house, him FTB her not. Year later couple go separate ways, agree to transfer house to her name, which is almost complete after about 7 months of waiting for solicitor.
At this stage solicitor is advising that SD 'may' be payable but 'due to a recent court ruling on a similar case' he may apply for this case to be copnsidered under this ruling....blah..blah.
He wants a cheque for the SD to be made payable to him, as 'revenue no longer accept personal cheques'.
Is he trying it on? Is SD payable? Why cheque payable to him?
Thanks in advance

 

[mf1]

That is not enough information.

Is house ready? Or did you buy it last year in joint names? How much is the house? What size is the house? How much stamp duty does your solicitor think might/may be paid?

Is SD payable? - answer the above and someone will try and answer.
Why cheque payable to him? - Revenue do not accept personal cheques.

mf

 

[roytheboyo]

Thanks MF1,
House was bought last year and occupied by both people since. Cost 330k, agreed to transfer to sole name at 370k, house under the SD threshold (125 square meters). Solicitor reckons €5,500 to be paid by party transferring into their name.

 

[mf1]

Half of 370K is 185K @ 3% is E5.5K.

BUT are you also taking over the mortgage or remortgaging to buy out other? If so, Stamp Duty should be calculated only on the difference between the mortgage and the equity which should be minimal/nothing.

Revenue have a calculation method that I don't like which takes no account of one party being relieved of their mortgage obligations while the other party takes on all of the responsibility.

Go back to solicitor and seek clarification. Also check out the Revenue website.

mf

 

[Gav2]

I thought revenue treated seperation cases with an open mind, suggest you contact them, the reason your solicitor requires the cheque is that it is his/her duty to collect it.