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Petition to extend the SDLT holiday to be debated in Parliament on Monday

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Comments

  • SDLT_Geek said:
    The Parliamentary debate on the petition occurred today.  Jesse Norman spoke for the Government.  You can watch the debate from a link here:https://propertyindustryeye.com/watch-live-mps-debate-petition-relating-to-stamp-duty-holiday-extension/

    Unsurprisingly Jesse Norman said he "could not comment on tax policy outside of a fiscal event" and that the Government would continue to listen to representations.  He did point out that to benefit from the holiday it is not only completion by 31 March which will achieve the saving, but also "substantial performance" of the contract.
    Is there a definition of what constitutes 'substantial performance' though?
  • SDLT_Geek
    SDLT_Geek Posts: 3,059 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Yes, there is a definition of substantial performance.  There is some guidance on it in the SDLT Manual in a number of pages starting here: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm07700
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SDLT_Geek said:
    Yes, there is a definition of substantial performance.  There is some guidance on it in the SDLT Manual in a number of pages starting here: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm07700
    Not likely to be all that relevant to a standard residential purchase though, where the expectation is that possession/title/price all change hands simultaneously.
  • Broadly, substantial performance is the point at which

    • any payment of rent is made
    • payment of most of the consideration other than rent is made
    • the purchaser is entitled to possession of the subject matter of the transaction

    Looks like if you're not buying leasehold then the only option is to be able to move in even though you haven't completed? Doesn't seem like it's practical for most people then...
  • SDLT_Geek
    SDLT_Geek Posts: 3,059 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Agreed, not practical for most people.
  • I'm not sure why any tax payer should be subsidising anyone's home purchase.
    The housing market is booming if you beleive the reports from Nationwide etc., so it is hardly in need of help.
  • I'm not sure why any tax payer should be subsidising anyone's home purchase.
    The housing market is booming if you beleive the reports from Nationwide etc., so it is hardly in need of help.
    Because it's a regressive tax and there's plenty of evidence that removing it leads to increased receipts for the treasury from other sources as well as increased spending in the local economy? 

    From a quick google: https://www.financialreporter.co.uk/finance-news/permanent-stamp-duty-cut-could-provide-139m-tax-boost-for-treasury.html
  • I'm not sure why any tax payer should be subsidising anyone's home purchase.
    The housing market is booming if you beleive the reports from Nationwide etc., so it is hardly in need of help.
    Because it's a regressive tax and there's plenty of evidence that removing it leads to increased receipts for the treasury from other sources as well as increased spending in the local economy? 

    From a quick google: https://www.financialreporter.co.uk/finance-news/permanent-stamp-duty-cut-could-provide-139m-tax-boost-for-treasury.html

    In that case why didn't they abolish it altogether?
  • I'm not sure why any tax payer should be subsidising anyone's home purchase.
    The housing market is booming if you beleive the reports from Nationwide etc., so it is hardly in need of help.
    Because it's a regressive tax and there's plenty of evidence that removing it leads to increased receipts for the treasury from other sources as well as increased spending in the local economy? 

    From a quick google: https://www.financialreporter.co.uk/finance-news/permanent-stamp-duty-cut-could-provide-139m-tax-boost-for-treasury.html

    In that case why didn't they abolish it altogether?
    In my view, because the government response to all things Covid has been a panicked mess. You'd have to ask the Chancellor though.
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