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  • FIRST POST
    • And1234
    • By And1234 26th May 19, 4:40 PM
    • 1Posts
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    And1234
    Stamp Duty Avoidance
    • #1
    • 26th May 19, 4:40 PM
    Stamp Duty Avoidance 26th May 19 at 4:40 PM
    Hello. I am planning to purchase a new build property in Scotland (for £265,000) as my main residence. I'm currently renting in Spain, where I have been resident for a number of years.

    I own a flat in the UK (worth about £75,000) which I rent out, so I understand that as things stand, Iíll have top pay the higher rate of stamp duty (£11,200 rather than £3,250) even though the property will be my own home.

    Anyone know if there is a way to avoid the additional charge other than selling the flat before buying the new house, which is something I donít want to do.

    Many thanks
Page 1
    • sheramber
    • By sheramber 26th May 19, 5:01 PM
    • 6,570 Posts
    • 4,943 Thanks
    sheramber
    • #2
    • 26th May 19, 5:01 PM
    • #2
    • 26th May 19, 5:01 PM
    When buying in Scotland you pay Land and Buildings Transaction Tax which is different from Stamp Duty.

    You can check it out here https://www.revenue.scot/land-buildings-transaction-tax

    Without selling your flat you will have to pay the additional tax.
    • 00ec25
    • By 00ec25 26th May 19, 5:03 PM
    • 8,131 Posts
    • 7,884 Thanks
    00ec25
    • #3
    • 26th May 19, 5:03 PM
    • #3
    • 26th May 19, 5:03 PM
    which is something I don’t want to do.
    Originally posted by And1234
    the WHOLE point of ADS is to tax people doing exactly that

    you want to own 2 properties. You are buying an additional property and must pay the supplement. End of.

    a more complex answer would require you to explain how long have you been in Spain and where did you live when previously living in the UK.... although the likelihood of that altering your position is slim
    • Caz3121
    • By Caz3121 26th May 19, 6:10 PM
    • 12,065 Posts
    • 7,878 Thanks
    Caz3121
    • #4
    • 26th May 19, 6:10 PM
    • #4
    • 26th May 19, 6:10 PM
    I’ll have top pay the higher rate of stamp duty (£11,200 rather than £3,250) even though the property will be my own home.
    Originally posted by And1234
    its not the higher rate instead of the lower. It is the higher rate as well as the lower...so it is an additional £10,600 on top of £2,850...total due £13,450
    Last edited by Caz3121; 27-05-2019 at 4:56 AM. Reason: corrected figures
    • DoctorStrange
    • By DoctorStrange 26th May 19, 10:29 PM
    • 45 Posts
    • 12 Thanks
    DoctorStrange
    • #5
    • 26th May 19, 10:29 PM
    • #5
    • 26th May 19, 10:29 PM
    You can perhaps look into gifting/selling a 50% share in the flat. This would bring your interest in it below £40k and so wouldn't be counted in the ADS calculations.

    You could also maybe look at selling the flat, buying the new place then buying another flat for similar value so that the ADS is 4% of the value of the flat rather than the house.
    • lr1277
    • By lr1277 26th May 19, 11:39 PM
    • 579 Posts
    • 321 Thanks
    lr1277
    • #6
    • 26th May 19, 11:39 PM
    • #6
    • 26th May 19, 11:39 PM
    You can perhaps look into gifting/selling a 50% share in the flat. This would bring your interest in it below £40k and so wouldn't be counted in the ADS calculations.

    You could also maybe look at selling the flat, buying the new place then buying another flat for similar value so that the ADS is 4% of the value of the flat rather than the house.
    Originally posted by DoctorStrange
    If you choose to gift or sell your rental property, you will have to pay CGT.
    CGT on properties is 28%.
    So you should work out if the additional duty is more or less than the CGT you will have to pay. And if you gift a share of property, you will have to find the proceeds for tax without having the benefit of any monies received on selling the property.
    • tempus_fugit
    • By tempus_fugit 27th May 19, 12:42 AM
    • 657 Posts
    • 621 Thanks
    tempus_fugit
    • #7
    • 27th May 19, 12:42 AM
    • #7
    • 27th May 19, 12:42 AM
    its not the higher rate instead of the lower. It is the higher rate as well as the lower...so it is an additional £11,200 on top of the £3,600...total due £14,800
    Originally posted by Caz3121
    £13,450 according to the tax calculator.
    Retired at age 56 after having "light bulb moment" due to reading MSE and its forums. Have been converted to the "budget to zero" concept and use YNAB for all monthly budgeting and long term goals.
    • campbell19925
    • By campbell19925 27th May 19, 1:03 AM
    • 169 Posts
    • 204 Thanks
    campbell19925
    • #8
    • 27th May 19, 1:03 AM
    • #8
    • 27th May 19, 1:03 AM
    If you choose to gift or sell your rental property, you will have to pay CGT.
    CGT on properties is 28%.
    So you should work out if the additional duty is more or less than the CGT you will have to pay. And if you gift a share of property, you will have to find the proceeds for tax without having the benefit of any monies received on selling the property.
    Originally posted by lr1277
    So much mis-information here.

    CGT is 18% unless you are a higher rate tax payer then it is 28%.

    You have a CGT-free allowance to use up first of £12,000. And unless you have ridiculous circumstances you will not have to pay any capital gains tax on the sale of that flat. Or a minimal amount depending on how much you bought that flat for in the first place.
    • 00ec25
    • By 00ec25 27th May 19, 6:13 AM
    • 8,131 Posts
    • 7,884 Thanks
    00ec25
    • #9
    • 27th May 19, 6:13 AM
    • #9
    • 27th May 19, 6:13 AM
    £13,450 according to the tax calculator.
    Originally posted by tempus_fugit
    agreed...although ADS is calculated differently to higher rate SDLT since it is a separate addition, rather than being an across the board rate increase

    LBTT (normal rate)
    145,000 @ 0% = £0
    105,000 @ 2% = 2,100
    15,000 @ 5% = 750

    plus ADS @ 4% flat rate on 265,000 = 10,600

    total payable 13,450
    https://www.revenue.scot/land-buildings-transaction-tax/guidance/calculating-tax-rates-and-bands
    Last edited by 00ec25; 27-05-2019 at 6:16 AM.
    • 00ec25
    • By 00ec25 27th May 19, 6:20 AM
    • 8,131 Posts
    • 7,884 Thanks
    00ec25
    So much mis-information here.

    CGT is 18% unless you are a higher rate tax payer then it is 28%.
    Originally posted by campbell19925
    technically that statement is misleading since it is not based on whether you are a higher rate taxpayer to start with, the gain may take your "total income" above the higher rate band and so trigger the 28% rate since CGT is worked on "total income"


    it is also not an either/or situation. Depending on the amounts, if you span the threshold you can pay a bit at 18% and the rest at 28%.

    i agree though for a flat "worth" 75k any CGT payable after any unused allowance has been knocked off the gain would be pretty small unless the flat has been owned a long time and was bought cheap obviously
    Last edited by 00ec25; 28-05-2019 at 12:38 PM.
    • lr1277
    • By lr1277 27th May 19, 10:12 PM
    • 579 Posts
    • 321 Thanks
    lr1277
    So much mis-information here.

    CGT is 18% unless you are a higher rate tax payer then it is 28%.

    You have a CGT-free allowance to use up first of £12,000. And unless you have ridiculous circumstances you will not have to pay any capital gains tax on the sale of that flat. Or a minimal amount depending on how much you bought that flat for in the first place.
    Originally posted by campbell19925
    I don't believe the calculation is as simple as you or I made it out to be.
    More details here: https://www.gov.uk/capital-gains-tax/rates

    Based on research for my own situation which I can't say I understand fully. However the website above suggests you add your capital gain (minus allowance) to your income, to find out your taxable band. This addition can push you up into the next tax bracket.
    I will be using an accountant to calculate my tax liability.

    OP: you should do your own research and/or get professional advice. Good luck.
    • 00ec25
    • By 00ec25 28th May 19, 6:56 AM
    • 8,131 Posts
    • 7,884 Thanks
    00ec25
    I don't believe the calculation is as simple as you or I made it out to be.
    More details here: https://www.gov.uk/capital-gains-tax/rates

    Based on research for my own situation which I can't say I understand fully. However the website above suggests you add your capital gain (minus allowance) to your income, to find out your taxable band. This addition can push you up into the next tax bracket.
    I will be using an accountant to calculate my tax liability.

    OP: you should do your own research and/or get professional advice. Good luck.
    Originally posted by lr1277
    have a look at step 5 on this example if you want to see the mechanics of the calculation
    https://forums.moneysavingexpert.com/showpost.php?p=73621764&postcount=2
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