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Stamp duty when buying out joint owner?

BigBird2013
Posts: 5 Forumite
Hey Experts,
Please can someone advise? I'm currently buying out my ex partner (joint owner, never married). The Flat is valued at £181,000 we bought it for £165,00 4 years ago and have a current mortgage of £143,500. We have agreed between us to that I pay him £12,500 (the money he put into the flat and a little extra I am being given by my family) for his share on top of the legal and admin fees.
My solicitor has asked me to sign a Stamp Duty Land Declaration form allowing them to contact HRMC. Does this mean I a liable to pay some Stamp duty? If so does anyone know what I am looking at?? How do I do the sums?
Ahhhhhhh!:(
Please can someone advise? I'm currently buying out my ex partner (joint owner, never married). The Flat is valued at £181,000 we bought it for £165,00 4 years ago and have a current mortgage of £143,500. We have agreed between us to that I pay him £12,500 (the money he put into the flat and a little extra I am being given by my family) for his share on top of the legal and admin fees.
My solicitor has asked me to sign a Stamp Duty Land Declaration form allowing them to contact HRMC. Does this mean I a liable to pay some Stamp duty? If so does anyone know what I am looking at?? How do I do the sums?
Ahhhhhhh!:(
0
Comments
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See here:
http://www.hmrc.gov.uk/sdlt/calculate/transfer-ownership.htm
I *think* the consideration would be £84,250 (12,500 cash plus 50% of the mortgage) so under the SDLT threshold. The form still needs to be completed though.
Why not ask your solicitor?0 -
Yep...
SDLT is based on consideration (which is payment in cash, goods, and taking over any os mge balance).
As joint owners, HMRC for SDLT purpoes, will deem the mge to be split on a 50/50 basis.
Nil rate threshold is currently 125k.
So yes, based on the figs given here, there won't be any Stamp duty liability.
Hope this helps
Holly0 -
Thanks guys...x0
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just out of interest....
When your solicitor asked you to sign the SDLT form did you not think to ask him/her, "er, why?"...Sealed pot challange no: 3390
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