stamp duty - date

[JohnK]

Is the date that determines what stamp duty is due the date that the TR1 is dated?
i.e. if TR1 dated 30/12/09 the £175000 will still apply
Thanks for any information, John

[AvocadoK]

The relevant date is normally the date of completion.

The (rare) exception to this rule is where 'substantial performance' of the contract occurs before completion - e.g. where occupation is taken up before completion.

[JohnK]

Thanks for your info, which I have just seen.
What if house is a gift and the recipient already lives there?
John

[AvocadoK]

If it's a gift to an individual, there is no stamp duty (unless donee is taking over the mortgage).
AK

[JohnK]

Thanks again for taking the trouble to reply.
There is a mortgage, so the date is important.
Not clear what completion means in this case, is it the TR1 signing or
or when the BS approves the change?
John

[AvocadoK]

In this case, the TR1 date would be the relevant date.

[maths]

Not sure I agree that the relevant date is the date of signing the TR1.

Date of completion is still the relevant date.

[JohnK]

But what does completion mean in this case?
They already live in the house.
John