We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Stamp duty query

I'm in a slightly unusual situation in that the house my partner and I are first time buyers, the house we are buying is worth £425,000 but the mortgage I have is for £300,000 - as the remaining value is a gift of equity from my parents.
Do I have to pay stamp duty?
Is stamp duty based on the consideration value - the £300,000 or the property value - £425,000?


Thank you :)



Comments

  • DE_612183
    DE_612183 Posts: 4,203 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    based on the value of the property - you get discount if it's first time buyer and it depends if you're in england Wales or scotland.

    Your solicitor will sort it out for you
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Kiwi08 wrote: »
    I'm in a slightly unusual situation in that the house my partner and I are first time buyers, the house we are buying is worth £425,000 but the mortgage I have is for £300,000 - as the remaining value is a gift of equity from my parents.
    Do I have to pay stamp duty?
    Is stamp duty based on the consideration value - the £300,000 or the property value - £425,000?
    I'm assuming that the property isn't being bought by you from your parents...?

    "The consideration" is the amount you're paying. £425k.

    You might not be funding the £125k out of your own pocket, but it's going from you to the vendors. The fact it's going from your parents to you then on to the vendor is irrelevant to the actual sale.

    If it is being bought from your parents, then HMRC will view it as a below-market-value transaction between related persons, which is exactly what it is, and treat it as if the transaction was at the market value.

    Either way, you're paying SDLT on £425k - £6,250
  • Kiwi08 wrote: »
    I'm in a slightly unusual situation in that the house my partner and I are first time buyers, the house we are buying is worth £425,000 but the mortgage I have is for £300,000 - as the remaining value is a gift of equity from my parents.
    Do I have to pay stamp duty?
    Is stamp duty based on the consideration value - the £300,000 or the property value - £425,000?


    Thank you :)




    Are you buying the property from your parents?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dave46049 wrote: »
    based on the value of the property

    No, it's based on the consideration for the transaction. So if the OP is buying the property for £300k from their parents (which I'm guessing is what they mean), it's based on £300k.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AdrianC wrote: »
    If it is being bought from your parents, then HMRC will view it as a below-market-value transaction between related persons, which is exactly what it is, and treat it as if the transaction was at the market value.

    Citation for this? It's how Capital Gains Tax is treated, but not SDLT AFAIK.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604.1K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.