SDLT advice
Twelve situations where the treatment is not obvious.
Stamp duty is a transaction tax. The rules that apply depend on what is being bought, by whom, alongside what else, and on what date. Find the situation closest to yours.
01Additional propertyWhether the higher rates apply is not a question about how many properties you own.02Limited company purchaseA company is not simply an individual with a different name on the title.03Replacing a main residenceThe replacement exception is one of the most valuable positions in stamp duty and one of the easiest to lose.04Mixed-use propertyMixed use is a question of what the property actually is on the effective date, evidenced properly, not a label that can be applied to make a number smaller..05Linked transactionsTwo or more transactions between the same parties may have to be looked at together.06Non-UK resident purchaserThe residence test for stamp duty is its own test.07Transfer to a companyTransferring property you already own into a company is a chargeable transaction, and in most cases it is charged on market value rather than on what changes hands..08Transfer between spousesA transfer between spouses or civil partners is not automatically outside the charge.09Partnership transactionsPartnership stamp duty rules are their own world.10Commercial propertyNon-residential transactions use different rates, and leases are charged in a way that catches people out, on the rent as well as on any premium..11SDLT already paidWhere a transaction has completed and the return has gone in, the question is what the correct figure was, and then separately what can still be done about the difference..12HMRC enquiryWhere a return or an amendment is under enquiry, the position needs to be set out properly, in writing, on the evidence, and early..
Not sure which one you are in?
The differences that matter are often not the ones people expect, and more than one of these can apply to the same transaction. Call 024 7745 5333 or book a free case check and we will tell you in fifteen minutes which of them you are actually dealing with, and whether it is worth doing anything about.