SDLT and property development
SDLT and property development
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blueg33

Original Poster:

46,808 posts

255 months

Friday 15th April 2016
quotequote all
My tax solicitor has just firmed up his advice following the SDLT changes at the budget. I thought I would share his summary of the impact on a singe development

solicitor said:
1.1 MDR under new rules (rates increased by 3%)
(a) Divide total consideration by number of dwellings: £3,000,000/15 = £200,000
(b) Calculate SDLT that would be payable on the answer to (a). above: (£125,000 x 3%) + (£75,000 x 5%) = £7,500
(c) Multiply the answer to (b) above by number of dwellings: £7,500 x 15 = £112,500;
(d) SDLT is the higher of the answer to (c) above and 1% of the total consideration: £112,500 (i.e. as higher than £30,000).
1.2 In this example the new rules potentially increase the SDLT from £30,000 to £112,500.
So we complete 20 of these developments pa, giving my business an additional SDLT hit of £1.6m or a profit hit of 19%. I have no way of passing this onto the customer as this business develops homes for low income vulnerable disabled people and there is a maximum rent that will be paid.

So the upshot is that we stop building homes for disabled people. Not ideal IMO

Petrus1983

11,256 posts

193 months

Friday 15th April 2016
quotequote all
I can't see this being the case - we'd have heard the big developers kicking off by now. I could well be wrong though. A quick Google reveals -

"Where the acquisition of a chargeable interest is exclusively for the purpose of development or re-development and resale in the course of a property development trade, the 15 per cent higher rate charge will not apply to the transaction. Instead, SDLT will be charged at the standard rates."

https://www.gov.uk/hmrc-internal-manuals/stamp-dut...

blueg33

Original Poster:

46,808 posts

255 months

Friday 15th April 2016
quotequote all
Petrus1983 said:
I can't see this being the case - we'd have heard the big developers kicking off by now. I could well be wrong though. A quick Google reveals -

"Where the acquisition of a chargeable interest is exclusively for the purpose of development or re-development and resale in the course of a property development trade, the 15 per cent higher rate charge will not apply to the transaction. Instead, SDLT will be charged at the standard rates."

https://www.gov.uk/hmrc-internal-manuals/stamp-dut...
House builder model is different. We sell completed developments to pension funds.

Our advice comes from two leading property tax lawyers.

Oi_Oi_Savaloy

2,315 posts

291 months

Friday 15th April 2016
quotequote all
Could you not place the completed units into an SPV and then sell the shares of the SPV to the pension fund? 0.5% on that basis?

Or rent them out prior to the onward sale and make the transaction a TOGC?


Just trying to think laterally - please don't shoot me down!

blueg33

Original Poster:

46,808 posts

255 months

Friday 15th April 2016
quotequote all
Oi_Oi_Savaloy said:
Could you not place the completed units into an SPV and then sell the shares of the SPV to the pension fund? 0.5% on that basis?

Or rent them out prior to the onward sale and make the transaction a TOGC?


Just trying to think laterally - please don't shoot me down!
Nice ideas but neither work. First will still attract SDLT and it's pretty much how we do it anyway. I can't recall why we dismissed the second idea a couple of years ago. Will speak with lawyer

Oi_Oi_Savaloy

2,315 posts

291 months

Friday 15th April 2016
quotequote all
Also - it's a pity you can't sell the pension fund some or all of the commercial element of the scheme too. I think I'm right in saying that 3% stamp doesn't apply to mixed-use purchases.

blueg33

Original Poster:

46,808 posts

255 months

Friday 15th April 2016
quotequote all
Oi_Oi_Savaloy said:
Also - it's a pity you can't sell the pension fund some or all of the commercial element of the scheme too. I think I'm right in saying that 3% stamp doesn't apply to mixed-use purchases.
No commercial element. We can choose between commercial and residential rates but the difference is minimal as the tiers apply to commercial too.

Jobbo

13,892 posts

295 months

Friday 15th April 2016
quotequote all
Oi_Oi_Savaloy said:
Or rent them out prior to the onward sale and make the transaction a TOGC?
A TOGC might have an effect on VAT (though these are new-build resi, I think, so not relevant since no VAT anyway), but has no effect on SDLT.

blueg33

Original Poster:

46,808 posts

255 months

Friday 15th April 2016
quotequote all
Jobbo said:
Oi_Oi_Savaloy said:
Or rent them out prior to the onward sale and make the transaction a TOGC?
A TOGC might have an effect on VAT (though these are new-build resi, I think, so not relevant since no VAT anyway), but has no effect on SDLT.
Funds dont like buying trading businesses. All sorts of potential liabilities and heaps more DD

Jobbo

13,892 posts

295 months

Friday 15th April 2016
quotequote all
The point I was making was that it wasn't even relevant to SDLT, so it's not a scheme which could be offered anyway.