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Interesting Jurisdictions

Tax Planning for UK Investments – Stamp Duty

Diagram shows investors, a non-UK SPV company, a property, and a tenant with lease and rent connections.

Stamp taxes section discusses UK Stamp Duty Land Tax (SDLT) and UK stamp duty.

S.42 of Finance Act 2003. 
You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land
over a certain price in England, Wales and Northern Ireland.

  • ·        
    The current SDLT threshold is £125,000
    for residential properties and £150,000 for non-residential land and
    properties.
  • ·        
    SDLT no longer applies in Scotland. Instead
    you pay Land
    and Buildings Transaction Tax
     when you buy a property.

You pay the tax when you:

  • ·        
    buy a freehold property
  • ·        
    buy a new or existing leasehold
  • ·        
    buy a property through a shared
    ownership scheme
  • ·        
    are transferred
    land or property
     in exchange for payment, eg you take on a mortgage or
    buy a share in a house

Rates – How much you pay depends on whether the land or
property is:

  • ·        
    residential
  • ·        
    non-residential
    or mixed-use
  • ·        
    You can use HM Revenue and Customs’ (HMRC) Stamp Duty Land
    Tax calculator
     to work out how much tax you’ll pay. (There’s a
    differentcalculator for
    leases.
    )
  •        You may be able to reduce the amount of tax you
    pay by claiming
    relief
    , eg if you buy more than one property (‘multiple dwellings’).
  •        The value you pay SDLT on (the ‘consideration’)
  •        The total value you pay SDLT on (sometimes called the ‘consideration’) is usually the price you pay for the property or land.
  •         Sometimes it might include another type of payment like:

o  
Goods

o  
works or services

o  
release from a debt

o  
transfer of a debt, including the value of any
outstanding mortgage

o  
Find out how
to work out the consideration
 if your situation is complicated.

·

How and when to pay

  • ·        
    You must send an SDLT return
    to HMRC and pay the tax within 30 days of completion.
  • ·        
    If you have a solicitor, agent or conveyancer,
    they’ll usually file your return and pay the tax on your behalf on the day of
    completion and add the amount to their fees.
  • ·        
    If they don’t do this for you, you can file a return and pay the tax yourself.
  • ·        
    There are certain situations where you don’t
    need to send a return
    .

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