KyleR Posted April 5, 2017 Share Posted April 5, 2017 Having a bit of trouble finding the correct answer online. I've only read my scenario in a single place and really need multiple sources to confirm, or of course a solicitor or the likes who knows this stuff. Stamp duty has changed in the past 2 years so that you pay SD on 100% of the purchase price at 3% plus the original 2% over £125k on second properties, unless of course that property is valued at under £40k. My scenario becomes slightly different whereby the current share I own in a property is under £40k, (25% of a c£100k home) so it is unclear if I would have to pay the higher rate of SD on the house I am looking to purchase. What I read on Zoopla seemed to suggest that I don't, however I need more confirmation than a single source. Quote Link to comment Share on other sites More sharing options...
Paddy78 Posted April 5, 2017 Share Posted April 5, 2017 (edited) I don't think the value of your share in the second home in a factor. The way I read it is that you will be charged the 2% because you have what would be classed as a second property. The thing I don't understand is why you don't get charged if your property is worth less than £40k, but the threshold for paying 2% is on valuation of over £125k? Surely you aren't charged an additional 2% unless the value of your second property is over £125k... in which case, you would seem to be OK, assuming your £100k valuation is correct? Edit: Having had a quick read, if the property you are buying is worth more than £40k, then you are paying a higher rate of stamp duty. This website has a calculator which will show you how much: https://www.stampdut...econd-homes.htm Edited April 5, 2017 by Paddy78 Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 This is the quote from Zoopla. "Even if you already own just a share in another property, it will count so long the share is worth £40,000 or more" This suggests I don't. But as I said, I need more than a single source to confirm. The calculators etc aren't relevant because they assume you own 100% of your other property. Quote Link to comment Share on other sites More sharing options...
Ekona Posted April 5, 2017 Share Posted April 5, 2017 Having looked into this, I would say that it's something that's not actually been tested in the courts yet as the wording of the law is unclear. Is it the value of the share in the first property, or the value of the whole property? How brave do you feel like being with the courts? My reading, and I would strongly suspect the courts would see it the same way given the intention of the law, is that you would be liable for the extra SDLT as the first property is worth more than £40K. That would make sense, and this guy appears to agree with me. That said, I would simply speak to the solicitor you would be using and ask them: If they say yes then fine, and if they say no then you can simply sue them for the amount if they're wrong. Quote Link to comment Share on other sites More sharing options...
Paddy78 Posted April 5, 2017 Share Posted April 5, 2017 As Dan said, it can't (And shouldn't be under the spirit of the law) be based on the value of your share of the property or you'd be able to do clever loopholes with mortgages and shares with other investors etc., making property investors immune and normal people liable... which certainly isn't what this law is intended to do. Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 Having looked into this, I would say that it's something that's not actually been tested in the courts yet as the wording of the law is unclear. Is it the value of the share in the first property, or the value of the whole property? How brave do you feel like being with the courts? My reading, and I would strongly suspect the courts would see it the same way given the intention of the law, is that you would be liable for the extra SDLT as the first property is worth more than £40K. That would make sense, and this guy appears to agree with me. That said, I would simply speak to the solicitor you would be using and ask them: If they say yes then fine, and if they say no then you can simply sue them for the amount if they're wrong. Had a read through some of that and came across this, which seems to be on my side, however isn't worded as a share value - "Condition C - the purchaser owns an interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling" This part is however worded as a share value, however it's talking about it being worth more than £40k - "If an individual is a joint owner of another dwelling then they may meet Condition C if the interest in land is a major interest not subject to a lease longer than 21 years and the interest that they hold is worth more than £40,000." Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570876/SDLT_Higher_rates_for_additional_properties.pdf Page 27 Q7 appears to agree with me. Quote Link to comment Share on other sites More sharing options...
Ekona Posted April 5, 2017 Share Posted April 5, 2017 There you go then, sorted. I've never been happier to be wrong 1 Quote Link to comment Share on other sites More sharing options...
Paddy78 Posted April 5, 2017 Share Posted April 5, 2017 Condition C (The purchaser owns a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling;) would seem to be where you may be OK... however, how your share is valued my vary wildly depending on who does this? Quote Link to comment Share on other sites More sharing options...
Paddy78 Posted April 5, 2017 Share Posted April 5, 2017 Btw, I'm happy to split my consultancy fee 50/50 with Dan. 2 Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 Condition C (The purchaser owns a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling;) would seem to be where you may be OK... however, how your share is valued my vary wildly depending on who does this? I understand valuations vary, however the house would have to be valued in some way as being £160k+. Market value is between £80k-£100k at my estimate and a house 2 doors up recently sold for under £80k. I'm no expert, but I'm 100% certain no one will value this house at double its worth . 1 Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 Btw, I'm happy to split my consultancy fee 50/50 with Dan. What's 50% of nothing? 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted April 5, 2017 Share Posted April 5, 2017 Oi, I charge in the finest confectionary! So far we're up to a Caramel and half a Twix. Quote Link to comment Share on other sites More sharing options...
KyleR Posted April 5, 2017 Author Share Posted April 5, 2017 Oi, I charge in the finest confectionary! So far we're up to a Caramel and half a Twix. Left or right Twix? Quote Link to comment Share on other sites More sharing options...
Ekona Posted April 5, 2017 Share Posted April 5, 2017 Bottom one. Quote Link to comment Share on other sites More sharing options...
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