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Stamp duty land tax on property bought in son’s name

Question:

I already own a property in Liverpool and wondered if I could buy a second one (also in Liverpool) for my child who is only 12 years old and thus not have to pay stamp duty (SDLT)? If so, would I be able to sell it before he is 18 if needed?

Arthur Weller replies: 
Presumably, you want to avoid paying the extra 3% SDLT on the purchase of a second property. Unfortunately, the legislation specifically counters such a plan - see www.gov.uk/hmrcinternal-manuals/stamp-duty-land-taxmanual/sdltm09815. For SDLT purposes, this second property will be attributed to you, as the parent. With regard to your second question, if you did go ahead and buy it in his name, you could sell it before he was 18, if it was clearly to his advantage to do so, because you have a fiduciary responsibility towards him.

I already own a property in Liverpool and wondered if I could buy a second one (also in Liverpool) for my child who is only 12 years old and thus not have to pay stamp duty (SDLT)? If so, would I be able to sell it before he is 18 if needed?<>

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This question was first printed in Tax Insider in November 2019.