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Is stamp duty payable on purchase price or house value?

Hi,

As per the title of the thread, is stamp duty payable according to the purchase price of a property or the value of the property?

My husband and I are intending to buy the property we currently rent from our parents for the price they purchased it at two years ago. According to estimates on zoopla, the house is now "worth" about 10% more than they paid for it.

Will we pay stamp duty on the purchase price or the valuation?

Also, just out of interest, taking an extreme example: if I won a house in a raffle that had cost me £1 to enter, or a friend/family member sold their house to me for £1 (assuming it was all done legally) - how would stamp duty work in this case?

Cheers guys
MFW2023 challenge #99: £1090.11 / £1,000 MFiT-T6 (Jan 2022 - Jan 2025) challenge #99: Reduce mortgage to £400,000. Current balance = £413,551.19 Initial MF date (23rd Aug 2022): Sep 2051 Current MF date: Jul 2051 Last updated: 15/06/2023

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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:
    • goods
    • works or services
    • release from a debt
    • transfer of a debt, including the value of any outstanding mortgage
    Find out how to work out the consideration if your situation is complicated.
    https://www.gov.uk/stamp-duty-land-tax/overview
  • kingstreet
    kingstreet Posts: 39,186 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SDLT is based on the 'consideration' the actual amount being paid and changing hands, not the market value.

    However, CGT is based on the market value, so if this was a second property, the liability will be based on that, if any.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Good point. For the avoidance of doubt, the CGT liability, if any, would be your parents', not yours, since it is not their main residence that they are selling.
  • pinknsparkly
    pinknsparkly Posts: 545 Forumite
    Ninth Anniversary 500 Posts Name Dropper
    G_M wrote: »
    kingstreet wrote: »
    SDLT is based on the 'consideration' the actual amount being paid and changing hands, not the market value.

    However, CGT is based on the market value, so if this was a second property, the liability will be based on that, if any.

    Thanks both for your speedy answers! I'd found the information about it "usually" being based on the purchase price but couldn't find out in which circumstances it wouldn't be based on the purchase price. Your link explains it nicely G_M :)
    MFW2023 challenge #99: £1090.11 / £1,000 MFiT-T6 (Jan 2022 - Jan 2025) challenge #99: Reduce mortgage to £400,000. Current balance = £413,551.19 Initial MF date (23rd Aug 2022): Sep 2051 Current MF date: Jul 2051 Last updated: 15/06/2023
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    According to estimates on zoopla, the house is now "worth" about 10% more than they paid for it.
    Zoopla estimates are a waste of electrons.

    You and your parents are definitely "connected parties", so there's a whole range of traps you could fall into. Part of the under-declared value could count as a gift. Your solicitor can give you a much better idea.
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