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Stamp Duty calculations for adding spouse to BTL property

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Comments

  • SDLT_Geek
    SDLT_Geek Posts: 2,971 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper


    So based on the above replies, is the following a correct summary?
    Before 31 March 2021:
    • If I transfer 50% of the BTL property share to my wife (having £300,000 pending mortgage, no cash payment involved), amount for chargeable consideration would be 300000/2=£150,000 but as this amount is less than current SDLT threshold (£500,000) we pay NO Stamp Duty. Understood.
    Geek: Correct for the position up to 31 March 2021, the extra 3% does not apply.

    After 31 march 2021
    (likely to be the case in my situation):
    • If I transfer 50% of the BTL property share to my wife (having £300,000 pending mortgage, no cash payment involved), amount for chargeable consideration would be 300000/2=£150,000 but as this time the "Stamp duty holiday" would be over by this time, so threshold becomes £125,000, I'll have to PAY Stamp Duty on £150,000, which is (3% on 125k + 5% on 25k) =  £5,000.
    • So in this case I cann't avoid paying stamp duty (so above StampDuty is applicable) even though I am transferring share of my property to my wife as a gift?

    Geek: Incorrect, for the position after 31 March 2021.  The extra 3% does not apply.  So your wife will pay SDLT at 2% on the slice of the chargeable above £125,000.  2% of £25,000 is £500.
  • SDLT_Geek said:
    Geek: Incorrect, for the position after 31 March 2021.  The extra 3% does not apply.  So your wife will pay SDLT at 2% on the slice of the chargeable above £125,000.  2% of £25,000 is £500.
    That's great news. Appreciate the reply.
    Could you please share any link supporting this statement for my reference. Just to remind, this is for our Buy to let property to which I am the sole owner and would want to transfer 50% share to wife's name after 31 March 2021. Thanks
  • SDLT_Geek
    SDLT_Geek Posts: 2,971 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper

    That's great news. Appreciate the reply.
    Could you please share any link supporting this statement for my reference. Just to remind, this is for our Buy to let property to which I am the sole owner and would want to transfer 50% share to wife's name after 31 March 2021. Thanks
    Here is the supporting link: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820
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