can we avoid stamp duty?

N

nina

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My husband and I are selling our house. The house is in my name solely. We are building a house on his parents' land and we were wondering if we just put his name on the deeds of the new house could we avoid stamp duty as he is not on the deeds of this house? I bought this house before we got marriedso it is under my maiden name. Does anyone know if we can avoid stamp duty this way?
 
This issue comes up time and again. My understanding is that a married couple (or even a cohabiting couple who are in fact joint beneficial owners in spite of the paperwork acrobatics) cannot avoid SD in this way and to attempt to do so would actually be tax evasion. If in doubt ask your solicitor or a professional tax advisor.
 
You would only be paying stamp duty on the site not the building. If the site is worth less than €254,000 and was given as a gift from your husbands parents to your husband (not you, just your husband) then there is no sd payable as it is a gift. If you are paying for the site then you have to pay stamp duty on the site.
 
As BK2 said above if it is a gift of a site from his parents and the site is one acre or less and valued less than €500,000 there will be no stamp duty if the transfer is into his sole name. There is also no stamp duty on transfers between spouses so a subsquent transfer to you would be exempt, however, for CAT purposes it would be better to leave any such transfer for 3 years. Your solicitor should be able to advise in more detail
 
Thnks all for the advice. Don't know whtat i'd do without this website! Excellent news. My husband is getting it as a gift and it is less than an acre and valued that high, so that will be one last expense for us. Thanks again.
 
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