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A big thank you to Vanessa and the Tribes for bringing this to our attention,
‘A tax tribunal heard in Bristol this month found in favour of Paul and Nikki Bewley, who bought a derelict bungalow in Weston-super-Mare for £200,000 as a buy-to-let investment in January 2017’.
We bought an unfinished property in 2016, which had no downstairs floors , ceiling, walls and no kitchen or heating.
It had been started in the 1970's but never finished. At the time we successfully applied to have it zero Council Tax rated, with the Ratings Office, as uninhabitable.
As a result of Vanessa's post, above, we applied to HMRC for a full refund, quoting the stated case and received the cheque today, with no argument.
So once again a big thanks to Vanessa
This is wonderful news Derek - so pleased for you. It was in reference to this post:Legitimate way to avoid 3% SDLT surchargeAs knowledge shared by PT has secured you a refund, could you be so kind as to review Property Tribes on Trust Pilot? All that we politely ask is that you do not mention myself or Nick, as it is about the whole community sharing knowledge, not just us. What will you be spending your windfall on?!
Vanessa Warwick Landlord and Co-Founder of PropertyTribes.com **If you have got value from Property Tribes, find out how you can support it in remaining a free to use community resource**
Trust Pilot done.
The SDLT refund goes towards offsetting the original capital setup costs, so no spending spree I'm afraidThanks
Thank you so much for your review Derek. Really appreciate it. x
This is because it does not meet the criteria of "residential property"
Chartered Accountant, Tax Advisor and Mortgage broker
(and BTL portfolio owner)
Not, NO stamp duty, just not the additional 3%.
I think they will judge everyone on a case by case basis. One important advantage we had was that it was declared uninhabitable by The Ratings Office. I also think you need to read the Ruling in the Tax Tribunal case.From what I understand, if it is simply a case of doing some repairs or cleaning to make it habitable then you still have to pay.I do think we were lucky as ours had never been finished and therefore had essentials missing.We've just bought one where the ceiling was missing in the kitchen because of escaping water and I wouldn't think we'd get exempt because of that, as all it needed was a plumber for an hour and a new plasterboard ceiling, even though it was not habitable or mortgageable as it was.
We won't be trying it for our current purchase. I've been reading through the VERY LONG Judgement in this case and don't think it would apply. I couldn't cut and paste the relevant section so have put the link below
Para 101 is where they define 'Suitability to use as a dwelling'
The interesting thing is it's all about the suitability definition at the Moment of purchase. They state it's irrelevant what it was used for before or intended to be used for. So I would conclude that something like a badly fire damaged house would be exempt from the extra 3%.
They state things like 'just removing a kitchen or bathroom from a house wouldn't make it unsuitable as a dwelling'.
So as I said before they will judge every case on it's merit