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Concessionary purchase and stamp duty not family!

Hi, could anyone please help?
We are buying our house from our private landlord. As we can’t actually afford it at the moment they have agreed to let us buy it for £900k with a further £250k to be paid within 24 months.
They will take a 2nd charge on the house until this debt is paid. My question is how we deal with stamp duty? Any help gratefully received!!

Comments

  • ciderboy2009
    ciderboy2009 Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Car Insurance Carver!
    This isn't a concessionary purchase - you are buying the property for £1.15M. It's just that the current owner is lending you £250k of the price.

    Stamp duty will be based on the price paid: £1.15M.

    Just think of the landlord as a kind of mortgage/ secured loan company.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Annasty wrote: »
    They will take a 2nd charge on the house
    I know it wasn't your question, but is the 1st charge lender happy with this?
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 1 May 2018 at 2:14PM
    Annasty wrote: »
    Hi, could anyone please help?
    We are buying our house from our private landlord. As we can!!!8217;t actually afford it at the moment they have agreed to let us buy it for £900k with a further £250k to be paid within 24 months.
    They will take a 2nd charge on the house until this debt is paid. My question is how we deal with stamp duty? Any help gratefully received!!
    the completion date for the purchase will be the date you become the owners of the property, that will be the date you make the initial 900k payment and the chargeable consideration is £1.15M so you will pay £58,750 in SDLT on that date (assuming the property is NOT subject to the higher rate)

    what you are doing is what is called "staged payments"

    read the example here:
    https://www.gov.uk/guidance/stamp-duty-land-tax-the-amount-used-to-calculate-whats-payable

    the total purchase price 1.15M has been agreed at the outset, the fact the payment is split is irrelevant for SDLT purposes. There is no uncertainty about how much will be paid (so it is not a "deferred payment") and it certainly is not a "concessionary" purchase
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