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Stamp Duty query

My wifes mother passed away last year and owned a three bedroom house, my wife is the next of kin and has inherited the house.
Her sister and partner want to buy it as they have a one bedroom flat, that is too small, they own the flat outright.
The house has a value of £325000 and my wife is gifting her sister £100000 and they are getting a mortgage for the remaining £225000
My question is about the amount of stamp duty they need to pay, is it £22500 for owning a second property or is it £13250 because the amount they are paying is £225000 for the house. They do believe it is going to be £22500
thank you



Comments

  • user1977
    user1977 Posts: 18,373 Forumite
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    Tax is on the net consideration so on the £225k.
  • EssexHebridean
    EssexHebridean Posts: 24,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That depends how things are being done, surely? If the £100k that the wife is giving to them is in the form of a gifted deposit, that will make the consideration still the full value of the property? 
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  • user1977
    user1977 Posts: 18,373 Forumite
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    edited 22 October at 3:34PM
    That depends how things are being done, surely? If the £100k that the wife is giving to them is in the form of a gifted deposit, that will make the consideration still the full value of the property? 
    She's the seller though. She gets the £100k straight back (if it actually goes anywhere) so it doesn't form part of the net consideration.
  • SDLT_Geek
    SDLT_Geek Posts: 2,976 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    neil7462 said:
    My wifes mother passed away last year and owned a three bedroom house, my wife is the next of kin and has inherited the house.
    Her sister and partner want to buy it as they have a one bedroom flat, that is too small, they own the flat outright.
    The house has a value of £325000 and my wife is gifting her sister £100000 and they are getting a mortgage for the remaining £225000
    My question is about the amount of stamp duty they need to pay, is it £22500 for owning a second property or is it £13250 because the amount they are paying is £225000 for the house. They do believe it is going to be £22500
    thank you



    I agree with @EssexHebridean.  The chargeable consideration for SDLT will depend on the type of mortgage and whether the lender requires that £325,000 is put on the transfer, or is content for the transfer to show a below market value price of £225,000.

    There is a blog about the issues here: https://www.blakemorgan.co.uk/bank-of-mum-and-dad-concessionary-purchases/
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