Do You Pay Stamp Duty on a Commercial Lease?
SDLT on commercial leases can be very complex. Many tenants are unaware that Stamp Duty Land tax is payable on commercial leases – and may be...
Read More >
The government have just published its consultation document on charging extra stamp duty on foreigners who buy UK property. The full SDLT non-UK resident surcharge consultation document is available to read here.
Some key headlines are:
– The purpose is to deter foreigners from driving up UK property prices
– Individuals with fewer than 183 days in the UK in the 12 months ending with date of purchase will be liable
– A refund claim available is if they then spend 183 days in the UK in the following 12 months
– Separate residence tests will be introduced for companies, trusts and other buyers
But in this new consultation, there is a major blind spot.
That being, where a non-UK resident off-plan buyer flips to a UK resident, no surcharge will be payable because the said flipper gets relief from SDLT. This is a major driver of price increases but is simply not addressed by those writing the condoc!