Stamp Duty: The Lowdown
Stamp Duty, or Stamp Duty Land Tax to give the tax its full title, is payable on all property purchases in the
- Up to £125,000 0%
- £125,000 - £250,000 1%
- £250,001 - £500,000 3%
- £500,001 and above 4%
How to Avoid Paying Excessive Stamp Duty
When negotiating the purchase of a residential property and agreeing a price, it pays to look carefully at the levels where the Stamp Duty tax bands change. One should be particularly wary at the point where the rate of Stamp Duty rises from one percent to three percent; the Stamp Duty payable on a house costing £250,000 is £2,500 whereas for a house costing £250,001 the Stamp Duty payable would be more than three times as much, i.e. £7,500.03!
What’s The Difference Between Stamp Duty Evasion & Avoidance?
When discussing possible ways of avoiding Stamp Duty, it is necessary to understand the difference between Stamp Duty evasion and avoidance. Evasion of Stamp Duty is illegal and would normally involve some falsification of the details within the documentation associated with the property purchase.
HM Revenue and Customs (HMRC) monitor property transactions and will investigate and prosecute in suspected cases of fraud. Penalties of up to £3,000 may be imposed in addition to HMRC’s calculation of the total Stamp Duty liability.
Stamp Duty Exceptions
Full or partial avoidance of Stamp Duty may be possible on some residential property purchases depending on the type and location of the particular property. Granted, legitimate methods of avoiding Stamp Duty are restricted, but exemptions are available under certain conditions.
Stamp Duty Disadvantaged Areas
The government has designated certain areas of the UK as being ‘disadvantaged’. In these usually unsalubrious areas, sometimes also referred to as being ‘in regeneration’, the zero percent Stamp Duty threshold has been raised from £125,000 to £150,000 in an attempt to stimulate the property market in these often socially deprived localities, where the quality of schools may also be an issue.
Details of the locations of these designated areas are available from the HMRC website - see www.hmrc.gov.uk/so/dar/dar-qualifying.htm.
‘Zero Carbon’ Stamp Duty Exemptions
Approximately one quarter of the UK’s carbon dioxide emanates from domestic properties, so in order to address issues on the increasingly high profile green agenda, the government has introduced Stamp Duty exemptions for the initial purchase of ‘zero carbon’ homes built after October 1st, 2007.
Qualifying new properties of up to £500,000 in value are exempt from Stamp Duty and higher value properties are eligible for a reduction of £15,000 from the standard calculated rate; for example, the Stamp Duty payable on a ‘zero carbon’ house costing £600,000 would be £9,000 instead of £24,000 for a similarly priced conventional property.
The government’s definition of a ‘zero carbon’ property is one with ‘zero net emissions of carbon dioxide (CO2) from all energy use in the home’.
For more information about ‘zero carbon’ properties, please go to www.thisismoney.co.uk/mortgages/article.html?in_article_id=418676&in_page_id=8
Fixtures and Fittings & Stamp Duty Implications
Some buyers attempt to reduce their liability to pay Stamp Duty by offering a lower price for the property but agreeing to buy fixtures and fittings, separately. If this approach is taken, the transaction needs to be handled carefully in order to avoid attracting undue attention from HMRC. Stamp Duty is payable on fixtures (items that are physically attached as part of the house, e.g. kitchen cabinets, radiators, etc.) but fittings such as curtains and other soft furnishings, also known as chattels, are exempt from Stamp Duty.
Flexible Property Purchasing: A Fresh Approach to Stamp Duty Avoidance
Unfortunately, when negotiating a property transaction, it is all too easy to get bogged down in the minutiae of the various completion costs, including the often disproportionately burdensome Stamp Duty fees.
In this respect, the British property purchaser needs to step back and think of better ways to avoid paying Stamp Duty. Visionary thinking and a new approach is called for if we hope to solve the Stamp Duty dilemma, long-term.
To this end, flexibility regarding the way in which we navigate the property purchasing process is key; and this is where a ‘try before you buy’ strategy could show the way forward.
This alternative residential property purchasing strategy, known also as a ‘rent to buy house purchase’ has the potential to reduce the would-be buyer’s liability to pay Stamp Duty.
Advantages of Residential Lease Option Agreements
A rent to buy property transaction, sometimes called a ‘residential lease purchase’, combines a short term lease with an agreement to purchase the property at a fixed price, within a specified time limit (usually three years or less). Taking this approach allows the prospective buyer to move into the desired property without delay; it also provides a welcome financial ‘breathing space’, prior to applying for mortgage funding.
In addition, agreeing the date of the sale for say two years after the residential lease purchase agreement has been signed means that the price is fixed at the outset. Structuring the transaction in this way also offers the real possibility that Stamp Duty tax thresholds will have been raised by the Chancellor of the Exchequer during the intervening period, thus potentially reducing the overall amount of Stamp Duty that is likely to be paid on the deal.
Long Term Strategy for Solving the Stamp Duty Dilemma
To summarise: for many potential property buyers the amount of flexibility offered by a rent-to-own house purchase should be given serious consideration, as many advantages are apparent including:
- lower deposits allowing extended periods to fund the balance of the deposit;
- the flexibility to opt out of the purchase within an agreed period;
- a fixed sale price for an agreed period before completion; and
- the opportunity to ‘gain time’ to increase savings and source the best mortgage possible.
For more helpful information about getting on to the property ladder and lease purchase options, please visit:
