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Complete guide to stamp duty

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Stamp Duty explained

Stamp Duty is the tax payable to the government for changing the documents that specify who owns a particular property.

Stamp duty was first introduced in the UK in 1694; and continues to this day through a series of
stamp acts.

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Stamp duty land tax

The "Stamp duty land tax" (SDLT) was introduced by the Finance Act 2003. It largely replaced stamp duty
with effect from 1 December 2003. SDLT is a form of self-assessed transfer tax charged on "land transactions".

For typical transactions in land, such as the buying and selling of a residential house, there is little change from stamp duty, except that a tax return is required to be made to the HM Revenue & Customs (previously Inland Revenue) and documents no longer need to be given a physical stamp. Like any other self-assessed tax, but unlike stamp duty, HM Revenue & Customs is able to enquire into an SDLT return and raise assessments to recover unpaid SDLT.

Whether or not tax is payable Her Majesty's Revenue and Customs require a Return to be received by them within four weeks of the transaction completion. Failing which, they have power to levy a fine on the tax payer - the fine is not for failure to pay the tax but for failure to make the return.

When a return is accepted by HMRC they provide a Certificate without which it is impossible to register a change in the land ownership.

Stamp duty for residential land purchases

The amount of stamp duty for residential land purchases depends on several key factors: what status of buyer you are e.g. first time, property type e.g. New build home, economic area and lastly the value of the property. It works on a percentage basis where the percentage payable applies to the whole of the purchase price.

For example, a house priced at £250,000 would attract an SDLT of £2,500, but one of £250,001 would be liable to SDLT of £7,500.

One result of this banding is that it has a distorting effect on the market, because a house is very difficult to sell at prices just above each threshold, for example, £255,000.

Today, there is no stamp duty payable on properties up to £125,000.  It is charged at 1% on houses costing between £175,001 and £250,000, 3% on those worth from £250,000 to £500,000 and 4% for those sold for more than £500,000. Note that if you are a First Time Buyer (FTB), from the Budget of 2010, FTBs are not required to pay Stamp Duty on properties up to £250,000.  This is set to end in 2012.

From April 2011, properties being sold for over £1,000,000 will incur an increased SDLT of 5% (currently 4%).

In London, the average asking price for a home is £402,000, which would mean stamp duty of more than £12,000.

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Stamp Duty calculator

Here is a link to MoneySavingExpert's simple Stamp Duty Calculator

Consideration

Rate

up to £125,000

0%

over £175,000 to £250,000

1% (except FTBs who pay 0%)

over £250,000 to £500,000

3%

over £500,000

4%

 

Related links

Free guide to property conveyancing
Guide to conveyancing solicitors in England and Wales
Guide to conveyancing solicitors in Scotland
Conveyancing in London

Last updated:  30th March 2010



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