Stamp Duty Tax Guide

You have to digest a lot of information when you buy a property and Stamp Duty Tax is one of the single biggest costs you’ll face. The amount will vary depending on your circumstances, but we’ll show you how to figure that out.

What is stamp duty tax?

This guide has been produced for information purposes only. As a mortgage broker, we’re not able to offer tax advice.

Stamp Duty is a UK property tax you pay when you purchase a property or a piece of land. Otherwise known as Stamp Duty Land Tax or SDLT, it applies to people buying properties over a certain price in England and Northern Ireland – Scotland and Wales have slightly different schemes but the principles remain the same. The amount you pay depends on the purpose and value of the property you want to purchase, as well as the type of buyer you are – e.g. first-time buyer, previous homeowner, landlord, etc.

If you’re new to this, remember:

  • The buyer of a property, not the seller, pays Stamp Duty. You never pay Stamp Duty when you sell. You may however have to pay Capital Gains Tax when you sell a property that’s not your main residence
  • You can’t deduct Stamp Duty from Income Tax, even on buy-to-let properties. However, you can deduct it from your taxable gains to reduce the Capital Gains Tax you pay when you sell a property
  • You don’t pay VAT on Stamp Duty – it’s a tax in itself. Also you don’t pay VAT on the purchase of a property
  • Stamp Duty exemption areas don’t exist. Whether you qualify for an exemption depends on your situation and your property value

Why do you pay stamp duty tax?

Buying a property is expensive enough, so it’s disheartening when additional costs like Stamp Duty start to pile on. Learning what Stamp Duty is for won’t reduce the cost, but at least you’ll understand why you have to pay it.

The original reason we used to pay Stamp Duty was to cover the cost of the legal documents required when you purchase a property. The name comes from the physical “stamp” of approval that the Government used to impress upon your paperwork. Most documents are digital now and don’t require an actual stamp, but you still pay Stamp Duty.

Nowadays, Stamp Duty is normally more than is needed to cover the costs of the documents – the Government mainly use SDLT as a means of gathering revenue, rather than simply processing paperwork.

When and how do you pay?

You pay Stamp Duty Tax when you purchase land or property. HMRC need to receive payment of Stamp Duty within 30 days of completion. To pay, you simply fill out an SDLT return and send it to HMRC. Your solicitor normally handles this for you at the same time they manage the transaction and submits the money to HMRC after completion.

Who pays stamp duty tax?

Almost everyone who purchases a property above a certain value pays Stamp Duty. There are certain exceptions, but whether you qualify depends on what kind of buyer you are.

You pay normal Stamp Duty when:

  • You purchase a main or second residential property, buy-to-let or piece of land worth over £250,000
  • You purchase a new main residence to replace your previous one – this doesn’t include remortgaging
  • You previously owned a property, but sold it and now rent or live with friends or family, and are buying another property
  • You marry and then buy a property with your partner – even if one of you is a first-time buyer
  • You’re a first-time buyer and you purchase a property valued over £300,000
  • You buy a shared ownership property
  • You purchase a non-residential property above £150,000
  • You buy mixed-use land or property above £150,000
  • You are being added to a mortgage/title deeds – this is considered as “buying” a share of property or land

You also pay a Stamp Duty surcharge – otherwise known as Additional Stamp Duty – when:

  • You purchase a second residence
  • You’re a private landlord and you purchase a buy-to-let
  • You purchase a buy-to-let through a limited company

You won’t pay any Stamp Duty at all if you’re a previous or current homeowner and you purchase a main residential property for up to £250,000 and you complete on or before 30/09/21.

You won’t pay any Stamp Duty at all if you’re a first-time buyer and you purchase a main residential property for up to £300,000 and you complete on or before 30/09/21.

You won’t pay any Stamp Duty at the standard rates if you purchase a second residential property or buy-to-let for up to £250,000 on or before 30/09/21, but you will pay the Stamp Duty surcharge. 

Exemptions and relief

You’re exempt from Stamp Duty if:

  • You receive land or property ownership in exchange for any payment or other consideration as stipulated by HMRC – e.g. through divorce
  • A property is left to you in a will – instead of paying Stamp Duty on inherited property, you pay Inheritance Tax

There are Stamp Duty relief options for:

  • People purchasing multiple dwellings where a transaction, or several linked transactions, include freehold or leasehold interests in more than one dwelling
  • Situations where a building company buys an individual’s home and the individual buys a home from the building company
  • Employers that purchase an employee’s home because they’re moving with their work
  • Compulsory purchases – e.g. a council purchases a property to sell it on to a property developer
  • Instances where a property developer is subject to planning obligations
  • There is a transfer of property between companies
  • Charities that purchase land and property for charitable purposes
  • Right to buy properties where a residence is sold at a discount by a public-sector body or there’s a preserved right to buy – the Stamp Duty on right to buy properties is worked out on the discounted price the buyer pays
  • Certain situations in which registered social landlords buy land or property

Can you add stamp duty to your mortgage?

It can be a struggle to scrape together a deposit, let alone Stamp Duty Tax. What are your options in this situation? One option is to add Stamp Duty to your mortgage.

It’s sometimes possible to borrow the amount you need to cover Stamp Duty when you take out your loan. You simply add the Stamp Duty amount onto the mortgage value you want to borrow.

You need to carefully consider whether adding Stamp Duty to your mortgage is the best choice for your situation. There are consequences you need to think about before making your decision.

The main consequences of adding Stamp Duty to your mortgage are:

  • You’ll have to pay interest on the amount you borrow for the entire length of your mortgage
  • Borrowing more money could affect your loan-to-value ratio (LTV) and stop you from obtaining the most competitive deals

You can discuss adding Stamp Duty to your mortgage with your adviser as they’ll explain how it could affect your deal and your monthly payments.

Do you pay stamp duty on shared ownership properties?

You still pay Stamp Duty on shared ownership properties even though you only buy a portion. In fact, you pay Stamp Duty on the total value of the home, unless you’re a first-time buyer.

Do you pay stamp duty on new build properties?

You pay Stamp Duty on new builds like you would on any other residential property, but a lot of people think you don’t. There’s no exemption criteria specifically relating to new build properties.

Can you avoid paying stamp duty?

Looking for tips on how to avoid Stamp Duty isn’t advisable. Unfortunately, it’s a tax you simply have to pay. You may be lucky enough to qualify for certain exemptions.

If you’re not, remember that Stamp Duty avoidance schemes aren’t the same thing. They’re also often unreliable. If they’re indeed deemed against HMRC rules, then you’re likely to have to pay the Stamp Duty anyway – plus any penalties or charges incurred.

It’s our duty as a mortgage broker to protect our clients, which is why we advise you to speak with a qualified accountant about tax.

How do you claim a stamp duty refund?

To claim back Stamp Duty, you need to complete an SDLT return and send it to HMRC either online or by post. You can hire a solicitor or legal conveyancer to carry out the return for you, but it’s your responsibility to organise.

Who is eligible?

You can only reclaim Stamp Duty if you’re eligible for a refund.

You may be able to claim a Stamp Duty refund if you purchased a new main residence without selling your previous residence, but then sold that previous residence within 3 years.

Want to speak to one of our advisors?

Important information

Your home may be repossessed if you do not keep up repayments on your mortgage.

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