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Stamp duty surcharge help
toffee'n'tom
Posts: 425 Forumite
I'd be grateful if anyone could help with the stamp duty surcharge.
I am one of two directors of a small limited company which has been established two years. In those two years we have bought land and built and sold five houses. We're now thinking of changing direction and buying property to renovate.
As we've only dealt with new builds we've not dealt with stamp duty before and are concerned that we will be subject to the new stamp duty surcharge.
If we only buy one propety to renovate and sell it before buying another will we be subject to the surcharge? As we are a limited company do our own private residences count as owning a main residence?
I am going round in circles trying to find an answer on the internet which applies to our circumstances.
Does anyone have the answer to this?
Thank you
I am one of two directors of a small limited company which has been established two years. In those two years we have bought land and built and sold five houses. We're now thinking of changing direction and buying property to renovate.
As we've only dealt with new builds we've not dealt with stamp duty before and are concerned that we will be subject to the new stamp duty surcharge.
If we only buy one propety to renovate and sell it before buying another will we be subject to the surcharge? As we are a limited company do our own private residences count as owning a main residence?
I am going round in circles trying to find an answer on the internet which applies to our circumstances.
Does anyone have the answer to this?
Thank you
0
Comments
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For a limited company the first purchase of residential property is subject to the surcharge.
The only way to avoid as far as I know is to purchase Commercial or Mixed Use property.0 -
toffeentom wrote: »I am going round in circles trying to find an answer on the internet which applies to our circumstances.
All you need to read is the official guidance - in particular paragraph 5.1.
Broadly speaking, any purchase of a dwelling by a company will be subject to the surcharge.0 -
also bear in mind that as the company's intention is to buy the property for redevelopment, and to trade in property development activity, it is therefore exempt from the 15% rate applicable to "non natural persons" who buy residential property. the fact that you own your own residential properties outside of the company is therefore very important as it means you are not residing in properties owned by the company - were you doing so then the 15% rate certainly applies.
https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09560
however, as stated that simply means it is still liable to the +3% higher rate SDLT as it is a company and there is no way it can avoid that higher rate0 -
Thank you for the reply. However, I've read that link over and over and not quite understanding it?also bear in mind that as the company's intention is to buy the property for redevelopment, and to trade in property development activity, it is therefore exempt from the 15% rate applicable to "non natural persons" who buy residential property. the fact that you own your own residential properties outside of the company is therefore very important as it means you are not residing in properties owned by the company - were you doing so then the 15% rate certainly applies.
https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09560
however, as stated that simply means it is still liable to the +3% higher rate SDLT as it is a company and there is no way it can avoid that higher rate0
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