Stamp duty for first time buyers has been abolished for most purchasers.
Stamp duty for buy to let property has increased substantially from April 2016 following the introduction of a 3 percent surcharge.
Stamp duty for second homes has also increased as a result of the 3 percent surcharge. Mobile homes, caravans and houseboats are exempt.
Stamp duty refunds are available for home movers replacing their main residence. The original home must be sold within 3 years.
Stamp duty liability for second home purchases increased substantially from April 2016.
In his 2015 Autumn statement the chancellor announced an increase in stamp duty levels for anyone buying an additional property including second homes. Since April 2016 homeowners purchasing a second home now pay considerably more in stamp duty.
Second homes attract an additional SDLT surcharge even if they are not let out. With a much lower starting threshold of £40,000, most second home purchases attract an additional 3% stamp duty tax.
The higher rates of stamp duty should not apply if someone decides to move house. Even if someone owns two properties in the short term, they can apply for a refund of the higher SDLT rates once they sell their previous main residence. Final stamp duty liability will then be applied at the normal rate.
The Government will allow up to 3 years for the sale of the existing property to allow for any delays or difficulties with the transaction. Stamp duty will initially be charged at the higher rate for the new property, a stamp duty refund can then be claimed when the old home is sold.
If someone already owns more than one property, and they sell their main residence, they won’t have to pay the 3% stamp duty surcharge if they buy a new main residence within 3 years.
After the sale of the original property it will be possible to claim a refund of stamp duty applied to the new property at the higher rate.
The refund must be claimed through the HMRC by completing a form called "Apply for a repayment of the higher rates for additional properties". The stamp duty refund must now be claimed within 12 months of the sale of the previous main residence.
If someone still owns their original home after 3 years, the higher rate of stamp duty will apply to the new purchase and a refund of stamp duty will not be possible.
There are a number of determining factors for a property to be classed as a main residence. The HMRC may ask for evidence to confirm the following criteria:
Other factors may also be taken into account including the degree of furnishing of the property and the correspondence addresses given to third parties.
For the purpose of property ownership, married couples and civil partnerships are seen as one unit. This means that if one person already owns a property, any subsequent residential purchase by either person will be seen as an additional property for both individuals.
Married couples living separately, who are separated in circumstances that are likely to be permanent, will now be treated individually and not as one unit.
The Government has confirmed the following position with regards to joint property ownership: "The joint purchase of a property that is an additional property transaction for one or more of the joint purchasers is considered to be the purchase of an additional property and thus the higher rates will apply"
For stamp duty purposes this means joint purchasers will be treated as one unit, the same as for married couples and civil partners.
If parents, who are homeowners themselves, wish to help their children buy their first home, they could now face the higher rate of stamp duty. In these cases, if the parents take out a joint mortgage with their children, they will appear on the deeds. Legally the parents would now own a second property.
However if the parents simply help with the deposit or act as a guarantor then the higher SDLT rates should not apply.
The SDLT surcharge will generally apply to additional property being purchased by limited companies. This applies to both existing companies and new companies formed for the sole purpose of purchasing an additional property.
If someone owns property abroad, and wishes to purchase an additional property in England or Northern Ireland, they will now be liable for the higher SDLT rate.
However, if they already own a main residence in the UK in addition to their home abroad, it will still be possible to move house without being liable for the 3% SDLT surcharge. This is on condition that the original UK main residence is sold within 3 years of purchasing the new home in the UK.
When applying the higher rate of stamp duty, foreign nationals and UK expats are treated in exactly the same way as UK residents.
If someone owns another property anywhere else in the world and they decide to purchase an additional property in England or Northern Ireland, they will need to pay the 3% stamp duty surcharge.The same 3% surcharge applies LTT rates in Wales and in Scotland there is an "Additional Dwelling Supplement" of 4%.
This can be particularly relevant to UK Expats looking to move back to the UK after a spell overseas.
The new higher stamp duty rates only apply to additional residential property. The following types of property, and land, are therefore exempt and would not be considered when determining ownership of additional property for stamp duty purposes.
Mobile homes, caravans and houseboats are not classed as residential so these are also exempt when considering ownership of an additional property.
Stamp Duty does not apply to inhertited property so there is no SDLT to pay. If someone who has inherited a property then goes on to purchase another home this could be counted as an additional property.
If however someone has inherited a small share (50% or less) in a single property within 36 months prior to purchasing a new property, they should not be liable for the higher SDLT rate.
This exemption has been introduced to provide flexibility for purchasers who may find it difficult to dispose of a share in an inherited property.
Generally Annexes are exempt from the higher rate of stamp duty as long as they are purchased at the same time as the main dwelling. This is on condition that the Annex itself is worth no more than a third of the total purchase value, and the annex lies within the grounds of the main home.
Stamp duty calculations with new stamp duty thresholds. One click SDLT Calculations!
Following Changes in 2018, Land Transaction Tax (LTT) has replaced Stamp Duty in Wales.