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Stamp duty

Hi.
wonder if anyone can help please ? 

looking at buying a small leasehold flat to rent out - initially  renting it to my step daughter. I live with my partner in her own home which she is the sole mortgage holder. I’ve previously been on a mortgage but am no longer on any mortgage.There will not be a mortgage on the flat if I do go ahead with it.  The purchase is over 40k. 

I’ve read various different information  regarding stamp duty and I’m not sure stamp duty will apply to this potential purchase other than it being treated as a buy to let but not sure if it being for a family member makes stamp duty none payable ? 

Can anyone clear this up for me please? A

Comments

  • moneysavinghero
    moneysavinghero Posts: 1,761 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Are you marred or in a civil partnership? If you are then you would need to pay Standard Stamp Rate + Second Home Rate. Otherwise it would just be the standard rate. (unless you own another property - you say you used to be on a mortgage, what happened to that property?)
  • Thanks for the reply. 
    We live together - we’re not married or in civil partnership. 
    I don’t own any another property. Had my own place till a few years ago and sold it. 
  • SDLT_Geek
    SDLT_Geek Posts: 2,907 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Are you buying in England?
  • Hi. Yes we are buying in England 
  • saajan_12
    saajan_12 Posts: 5,122 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hi.
    wonder if anyone can help please ? 

    looking at buying a small leasehold flat to rent out - initially  renting it to my step daughter. I live with my partner - married / civil partnership? in her own home which she is the sole mortgage holder. -and sole owner? I’ve previously been on a mortgage but am no longer on any mortgage. - and no properties owned? There will not be a mortgage on the flat if I do go ahead with it.  The purchase is over 40k. - over 125k? or 250k? or 500k? (for the various bands)

    I’ve read various different information  regarding stamp duty and I’m not sure stamp duty will apply to this potential purchase other than it being treated as a buy to let but not sure if it being for a family member makes stamp duty none payable ? - there's no separate segregation for a buy to let SDLT. What matters is whether its an additional property you own. 

    Can anyone clear this up for me please? A
    Forget about mortgages, that only affects acceptance by mortgages and/or various gvt schemes. 
    The tax is based on ownership - do you, or anyone you're married to own any other properties? If yes, then there could be additional 3% SDLT, unless you're in one of the exceptions. 

    Also whats the value of the new property, and timescale of when you expect to complete? That would affect the standard rate SDLT  if any. 
  • Thanks for the reply and pointers. 
    Hope this helps clarify my question - 
    Im not married / civil partnered to my lady
    she’s  the sole owner of the house we live in

    historically married - separated for some years - she doesn’t own a house or is on a mortgage. 


    I don’t  own any properties. 
    Place I’m looking at is sub 125k and I can complete ASAP. 
  • stig
    stig Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper
    SDLT generally doesn’t care who will be living in the property, it’s a transaction tax payable by a purchaser of property when it changes hands for consideration.

    if the property costs over £40k, you’ll have to submit a return. However, unless it costs over £125k in ‘normal’  times, or over £500k between now and the end of June, or £250k between July and September, there won’t be any tax to pay if you don’t own other residential property or are married or in a civil partnership with someone who owns other residential property.

    I’d be really interested to know where you’ve seen that the tax  is different if a family member lives there? The only thing that will make a difference to you is if buying the property makes  you, or a spouse,  own more than one property.

    Stig.
  • Thanks for the info
    Just to clarify - I won’t have to pay SD even though it’s  going to be let out  ( as I don’t own another property or am married / civil partnered to someone else)? 
    ref the family member bit - with hindsight I think I’ve got it mixed up with something  I read about gifting property.  
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Whether it's being let out is literally irrelevant. On the other facts you've stated there is no SDLT to pay. 
  • Thanks for the info 
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