Stamp Duty: House Purchase Two People
Stamp Duty: House Purchase Two People
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Discussion

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Monday 19th June 2017
quotequote all
Dear Financial Wizard type people.

Before I start, yes, I am going to pay a non electronic cyber person who probably doesn't frequent a motoring based website to answer this question. But, I have (amongst the abuse) often received sensible & sometimes non mainstream pointers on here.

So, me & her indoors are jointly buying a property. We are not married, and I really don't want to do so to improve cash flow biggrin

She will have sold her property, I won't sell mine until we've refurbished the new joint home.

At the moment we are being told we need to pay the 3% extra SDLT on the whole of the purchase price.

Why not on 50% ?

I understand (as long as the rules don't change again) that if mine sell within 3 years we will get a refund. So, hopefully it's (the extra 3%) only a cash flow thing rather than an absolute cost.

Any extra advice will be gratefully accepted.

I thank you

TooMany2cvs

29,008 posts

156 months

Monday 19th June 2017
quotequote all
2 sMoKiN bArReLs said:
So, me & her indoors are jointly buying a property. We are not married, and I really don't want to do so to improve cash flow biggrin

She will have sold her property, I won't sell mine until we've refurbished the new joint home.

At the moment we are being told we need to pay the 3% extra SDLT on the whole of the purchase price.
Yup.

2 sMoKiN bArReLs said:
Why not on 50% ?
Because the 3% hike applies to the whole purchase price, not just to the one person's split.

2 sMoKiN bArReLs said:
I understand (as long as the rules don't change again) that if mine sell within 3 years we will get a refund. So, hopefully it's (the extra 3%) only a cash flow thing rather than an absolute cost.
Yup.

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Monday 19th June 2017
quotequote all
TooMany2cvs said:
2 sMoKiN bArReLs said:
So, me & her indoors are jointly buying a property. We are not married, and I really don't want to do so to improve cash flow biggrin

She will have sold her property, I won't sell mine until we've refurbished the new joint home.

At the moment we are being told we need to pay the 3% extra SDLT on the whole of the purchase price.
Yup.

2 sMoKiN bArReLs said:
Why not on 50% ?
Because the 3% hike applies to the whole purchase price, not just to the one person's split.

2 sMoKiN bArReLs said:
I understand (as long as the rules don't change again) that if mine sell within 3 years we will get a refund. So, hopefully it's (the extra 3%) only a cash flow thing rather than an absolute cost.
Yup.
Ta. It's a bit of a devil isn't it!

CubanPete

3,806 posts

218 months

Monday 19th June 2017
quotequote all
Yep,

We got hit by it too frown, right at the time you're maxed out!

You have 18months to sell so you can reclaim.

If anyone wants to buy a nice flat...!

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Monday 19th June 2017
quotequote all
CubanPete said:
Yep,

We got hit by it too frown, right at the time you're maxed out!

You have 18months to sell so you can reclaim.

If anyone wants to buy a nice flat...!
Is it not 36 months?! yikes

James_B

12,642 posts

287 months

Monday 19th June 2017
quotequote all
Yes, eighteen months.

TooMany2cvs

29,008 posts

156 months

Monday 19th June 2017
quotequote all
2 sMoKiN bArReLs said:
CubanPete said:
Yep,

We got hit by it too frown, right at the time you're maxed out!

You have 18months to sell so you can reclaim.

If anyone wants to buy a nice flat...!
Is it not 36 months?! yikes
It's 36. The initial consultation docs said 18, they extended it.

https://www.gov.uk/stamp-duty-land-tax/residential...

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Tuesday 20th June 2017
quotequote all
TooMany2cvs said:
2 sMoKiN bArReLs said:
CubanPete said:
Yep,

We got hit by it too frown, right at the time you're maxed out!

You have 18months to sell so you can reclaim.

If anyone wants to buy a nice flat...!
Is it not 36 months?! yikes
It's 36. The initial consultation docs said 18, they extended it.

https://www.gov.uk/stamp-duty-land-tax/residential...
Phew thumbup

romeogolf

2,112 posts

149 months

Tuesday 20th June 2017
quotequote all
Was in a similar situation to you earlier this year. I owned two properties, and was buying a third with my partner who at that time didn't own any property. We paid 3% on the full price.

For me this was understandable - I know why the charge was implemented and I'd planned for it. For my partner, it was a bit of a sting because he had to fork out some extra money through no fault of his own (although ultimately he benefits from the rental income so he STFU PDQ when I pointed that out).

megaphone

11,672 posts

281 months

Tuesday 20th June 2017
quotequote all
Out of interest, how do 'they' know you are buying a second property? Do you volunteer the information? Do they check on your name etc? Check bank accounts?

If you own a property outright, no mortgage, then it must be easy to hide??


TooMany2cvs

29,008 posts

156 months

Tuesday 20th June 2017
quotequote all
megaphone said:
Out of interest, how do 'they' know you are buying a second property? Do you volunteer the information? Do they check on your name etc? Check bank accounts?

If you own a property outright, no mortgage, then it must be easy to hide??
You'd have to outright lie to your solicitor, asking them to outright lie to HMRC on the SDLT return. Never a great plan...

Oh, and remember the Land Registry?

megaphone

11,672 posts

281 months

Tuesday 20th June 2017
quotequote all
TooMany2cvs said:
megaphone said:
Out of interest, how do 'they' know you are buying a second property? Do you volunteer the information? Do they check on your name etc? Check bank accounts?

If you own a property outright, no mortgage, then it must be easy to hide??
You'd have to outright lie to your solicitor, asking them to outright lie to HMRC on the SDLT return. Never a great plan...

Oh, and remember the Land Registry?
Yes, I suppose the Land Registry is a give away, providing 'they' check. I wonder how many buyers try it on and get away with it, or get caught.

Jockman

18,414 posts

190 months

Tuesday 20th June 2017
quotequote all
megaphone said:
TooMany2cvs said:
megaphone said:
Out of interest, how do 'they' know you are buying a second property? Do you volunteer the information? Do they check on your name etc? Check bank accounts?

If you own a property outright, no mortgage, then it must be easy to hide??
You'd have to outright lie to your solicitor, asking them to outright lie to HMRC on the SDLT return. Never a great plan...

Oh, and remember the Land Registry?
Yes, I suppose the Land Registry is a give away, providing 'they' check. I wonder how many buyers try it on and get away with it, or get caught.
I'd hazard a guess at none.

Our company got hit for it. Most people are clued up on it now though I'm amazed at how many people think they can avoid it by purchasing below the stamp duty level. Whoops.

Sarnie

8,372 posts

239 months

Tuesday 20th June 2017
quotequote all
2 sMoKiN bArReLs said:
Why not on 50% ?
Because you are BOTH buying a whole property, not half of one..............

CaptainSensib1e

1,528 posts

251 months

Tuesday 20th June 2017
quotequote all
Sarnie said:
2 sMoKiN bArReLs said:
Why not on 50% ?
Because you are BOTH buying a whole property, not half of one..............
And just because you are buying a property jointly, it doesn't automatically mean ownership is split 50/50. You could, theoretically, buy a house with someone else where you own 99% and they own 1% (if you buy as tennants in common). Imagine it would be bloody difficult to legislate for that, so 3% on the whole purchase amount makes most sense.

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Tuesday 20th June 2017
quotequote all
Cheers all.

That'll be my beer & curry budget gone for a month or two

2 sMoKiN bArReLs

Original Poster:

32,022 posts

265 months

Tuesday 9th October 2018
quotequote all
So, just to bring it to a close. We sold one of the properties on 14th September. Filled a fairly basic form in (the UTR number was the critical piece of information), and yesterday a cheque plopped onto the doormat for £18,000.