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Where Taxpayers and Advisers Meet

stamp duty

steven13
Posts:28
Joined:Sat Nov 11, 2017 3:32 pm
stamp duty

Postby steven13 » Thu Feb 08, 2018 4:28 pm

My wife and I are in the process of a 'friendly' divorce. We jointly own two properties, one being our private residence with a market value of £420,000 and on which there is a mortgage of £180,000. The other property is rented out and worth £220.000. We have agreed that I will retain the private residence, with my wife being released from the mortgage. My wife will take the property at present rented out and I will also make a payment to her of £20,000.
Will the above give rise to stamp duty? If it does can it be avoided, I read somewhere that stamp duty is calculated by reference to consideration rather than actual worth, so if we both gifted the other our interest in the property not being retained, would that avoid stamp duty

SDLT Geek
Posts:232
Joined:Sun Apr 30, 2017 5:45 pm

Re: stamp duty

Postby SDLT Geek » Thu Feb 08, 2018 10:38 pm

There is a special relief from stamp duty land tax for property transactions on a divorce: https://www.gov.uk/guidance/stamp-duty-land-tax-transactions-that-dont-need-a-return


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