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Where Taxpayers and Advisers Meet

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by SDLT Geek
Fri Jun 02, 2017 5:46 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Will I be hit by 3% extra SDLT?
Replies: 18
Views: 3391

Re: Will I be hit by 3% extra SDLT?

I agree with Maths, the surcharge will be due because the wife is treated as a joint buyer for surcharge purposes. Although it seems they have their main residences in different cities, that does not make them "separated". There is a spcial cgt rule that a married couple who are "living together" ca...
by SDLT Geek
Thu May 18, 2017 9:24 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Higher Rate of SDLT for Limited Company?
Replies: 2
Views: 876

Re: Higher Rate of SDLT for Limited Company?

I agree with bd6749. The interest the company is buying is itself a lease. It is not subject to a lease. So the 3% surcharge applies.
by SDLT Geek
Tue May 09, 2017 8:08 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Stamp Duty on Annexe
Replies: 2
Views: 944

Re: Stamp Duty on Annexe

There is quite a lot about it here and the articles linked from it:http://www.zoopla.co.uk/discover/buying ... pI4Ry0r.97
by SDLT Geek
Sun May 07, 2017 11:58 am
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Employer supplied accomm and PPR and BTL
Replies: 13
Views: 2671

Re: Employer supplied accomm and PPR and BTL

As far as I can tell, the only way for you to avoid the higher rate SDLT is to sell all your properties before buying P3. I agree. Or if you are in a position to sell just shares in the other properties, to sell enough of a share that each of you has a share worth less than £40,000 in each other pr...
by SDLT Geek
Wed May 03, 2017 8:40 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Selling residence overseas, but already have rental property in the uk
Replies: 5
Views: 1213

Re: Selling residence overseas, but already have rental property in the uk

I agree with maths that the higher rates do not apply. SDLT is a self assessed tax, so there is no need to send evidence of the sale of your previous home. It would be sensible to keep some evidence of the sale in case HMRC enquire into your return. Perhaps a copy of the document completing the sale...
by SDLT Geek
Wed May 03, 2017 8:31 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Stamp Duty advice needed!
Replies: 1
Views: 686

Re: Stamp Duty advice needed!

I wonder if A and B did for a period live in Property 3 as their only or main residence? If so they should escape the higher rates of SDLT on the purchase if just Property 3 is transferred to a company owned by A and B. There will be many factors to consider before doing this, including the SDLT mar...
by SDLT Geek
Wed May 03, 2017 8:20 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Employer supplied accomm and PPR and BTL
Replies: 13
Views: 2671

Re: Employer supplied accomm and PPR and BTL

in your case as far as I can tell, the only way for you to avoid the higher rate SDLT is to sell all your properties before buying P3.
Agreed. Or to sell or give away shares in them so that neither of you have a share worth more than £40,000 in any one of the existing properties.
by SDLT Geek
Sun Apr 30, 2017 6:10 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: Employer supplied accomm and PPR and BTL
Replies: 13
Views: 2671

Re: Employer supplied accomm and PPR and BTL

If both P1 and P2 are sold prior to the acquisition of P3 then the 3% charge is not automatically avoided.. I respectfully disagree with Maths on the point quoted above. If both P1 and P2 are sold before the acquisition of P3, the higher rates of stamp duty land tax should not apply as this will be...
by SDLT Geek
Sun Apr 30, 2017 6:06 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: SDLT on part of inherited property
Replies: 10
Views: 3579

Re: SDLT on part of inherited property

Whilst it is the case that your wife is not connected with her mother's estate for stamp duty land tax purposes, that is not of much relevance here. It sounds as if your wife is buying two shares of 1/3 each from two siblings of hers. The two siblings are connected with each other, so the two transa...
by SDLT Geek
Sun Apr 30, 2017 5:55 pm
Forum: Stamp Duty, Stamp Duty Land Tax, SDLT
Topic: SDLT query please
Replies: 7
Views: 2004

Re: SDLT query please

It sounds as if pretty much everything you have been told is wrong! Based on what you say: 1. You should not have paid the higher rates of stamp duty land tax on your October 2016 purchase because at the point of completion it was the only property you owned. 2. You should not pay the higher rates o...

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