Meaby & Co Property Lawyers London
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Transfers of Equity – Considered Stamp Duty?

You may have bought a property jointly with another co-owner and when circumstances change, you may want to sell your interest in the property or buy out the co-owners share. This type of transaction is known as a Transfer of Equity. A common scenario may be where a property is originally purchased with a family member. For instance, brother A and brother B may own a property which they purchased with a mortgage and which they hold as tenants in common in equal shares.

Meaby & Co Property Lawyers London
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SDLT and Residential Development

Further to our previous blog posts on Stamp Duty Land Tax (“SDLT”), it is worth bearing in mind that SDLT falls due on the date that the purchase contract is substantially performed. Deemed substantial performance of the contract will differ in each transaction and will turn on the facts. Persuasive factors include whether any part of the purchase price (generally 90% of more) or any rent has been paid or if the buyer has gone in to possession.

Meaby & Co Property Lawyers London
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SDLT and Commercial Leases

Commercial tenants taking a lease of premises should not forget that Stamp Duty Land Tax (”SDLT”) may be payable. The SDLT is calculated on, what is known as, the Net Present Value (“NPV”) of the rent payable over the term of the lease. The minimum threshold for commercial leases is £150,000. For leases of commercial or mixed property, the SDLT rate is 1% for excess NPV up to £5 million and 2% when the NPV exceeds £5 million.