SDLT on residential property overhauled overnight

SDLT on residential property overhauled overnight

Wed 03 Dec 2014

A major change announced at today’s Autumn statement is an overhaul of the stamp duty land tax rates that apply to residential purchases.  This introduces a marginal system with each SDLT rate payable only the portion of purchase price falling within each rate band, instead of the current ‘slab’ system.  Set out below are the new rates below, with the current SDLT and land and buildings transaction tax (‘LBTT’) rates by way of comparison.

This change aligns the SDLT rate system with the LBTT system (to be introduced for Scottish property purchases from 1st April 2015) but the thresholds are different and SDLT has an intermediate 5% rate.

The new system replaces the current rules which tax the entire purchase price to the rate for the particular band within which it falls.

Mazars’ stamp taxes expert Matt Scott-Pearce comments:

  1. The new rate regime will increase the SDLT cost of purchasing residential properties at the higher end of the market.  The Chancellor said that this would only impact on 2% of purchasers of residential property.
  2. It is not clear why the existing system has been retained for purchases of commercial property.  This may be because most commercial properties are bought for over 4% and therefore the slab rate system does not have such a prominent effect in distorting the market.  It might be expected that the Government’s focus may be on the residential market owing to the widespread benefits (i.e. reductions in SDLT for 98% of purchasers) to the voting public.
  3. Differences between the new regime and the Scottish land and buildings tax may cause distortion in property investment between Scotland and the rest of the UK.
  4. Property purchasers should ensure that they take advantage of transitional rules, which for example allow a choice to be made between the existing and the new rate regime where contracts have been exchanged before 4th December 2014.  They should also exercise caution in correctly calculating and reporting SDLT as systems, understanding and practices may take time to adjust to the change in the rate system and the differences between the various rate regimes.

NOTE OF RATE SYSTEMS

 SDLT rates from 4th   December 2014Residential property Part of purchase price  Rate
Up to £125,0000%
Between £125,000 and £250,0002%
Between £250,000 and £925,0005%
Between £925,000 and   £1,500,00010%
Above £1,500,00012%

 

 SDLT rates from 4th   December 2014Commercial propertyEntire purchase price  Rate
Up to £150,0000%
Between £150,000 and £250,0001%
Between £250,000 and £500,0003%
£500,000 or more4%

Proposed Land and Buildings Transaction Tax rates from 1 April 2015

ResidentialCommercial
Part of purchase   price                   .Rate               .Part of purchase   price                   .Rate               .
Up to £135,0000%Up to £150,0000%
£135,001 to £250,0002%£150,001 to £350,0003%
£250,001 to £1,000,00010%Over £350,0004.5%
Over £1,000,00012%

 

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