Stamp duty

Stamp duty land tax (SDLT) is payable on property and land purchases above set SDLT thresholds. The buyer pays stamp duty, which usually applies to both freehold and leasehold transactions.

Because SDLT can increase purchase costs by as much as 15%, it may be worth investigating any stamp duty planning opportunities when considering a property purchase. There is no longer a stamp duty exemption for first-time buyers.

Stamp duty land tax basics

Stamp duty land tax may be payable on purchases and other transfers of property or land. Most property transactions must be reported to HM Revenue & Customs even if SDLT is not payable.

For residential purchases and leases, SDLT is charged on the purchase price. There is a sliding scale from 0% (up to £125,000, or £150,000 for properties in designated disadvantaged areas) up to 15% (properties over £2m owned by non-natural persons such as companies). There may be an additional 1% stamp duty land tax payable on the total value of the rent payable over the life of a new lease if this is substantial.

For non-residential or mixed use purchases (and purchases of six or more residential properties in a single transaction) similar levels of SDLT apply, although there is no 5% rate — the top rate is 4% (over £500,000). Again, an additional 1% may be payable on substantial rent for new leases.

As of April 2012, residential homes worth more than £2 million attract a SDLT rate of 7 per cent, with 15 per cent levied on homes over £2 million bought through a company. This high charge aims to close a legal loophole whereby company-owned do not face stamp duty when sold.

Stamp duty land tax planning

Stamp duty land tax is based on the purchase price of the land and property. Separating out anything else included in a transaction — such as machinery, furniture or carpets — will reduce the taxable price on which SDLT is payable. If this reduction means the price falls into a lower SDLT band, the stamp duty land tax payable will also be charged at a lower percentage.

At the same time, you may want to use the opportunity to identify which items will qualify for capital allowances to be set against income tax or corporation tax.

It may be possible to reduce or eliminate SDLT on larger transactions, using complex stamp duty land tax mitigation schemes. You should take specialist advice, because HMRC may look to challenge any reduction in the SDLT paid.