Vanessa Rush’s Post

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Tax Partner at Olivine Partners LLP

SDLT: is the solution in the valuation? I have come across a number of situations in recent months which start with an enquiry as to eligibility for First Time Buyers relief and conclude with my advising there is an obligation to pay the 3% surcharge. That makes me unpopular, to say the least. Many are grandchildren whose grandparent left them their interest in their home on their death. If the interest is a trust in land that would generally be a bare trust. And if the value of that interest is £40k or more, the aforementioned downsides arise. Let me preface what follows with: I am not a valuer, which will become quite apparent as you read on. The valuation of the interest is determined as it would be for Capital Gains Tax. I expect a joint ownership discount should apply which, looking at Inheritance Tax cases, may range from 10% to 15% if say, the property is occupied by the surviving grandparent. Nonetheless I am surprised and dismayed at the valuations arrived at given surely, you would struggle to sell these interests in the open market. If any valuers out there have a view I would welcome it. But also, where possible, thought could be given to the form of the bequest to minimise the SDLT downsides. I would be happy to discuss so please get in touch if this resonates with you.

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