Property Tax Lawyers
specialising in Stamp Duty Land Tax and Land Transaction Tax
ADVICE FROM OUR EXPERT PROPERTY TAX LAWYERS ON SDLT AND LTT
Blake Morgan’s team of property tax lawyers has its own in-house Stamp Duty Land Tax (SDLT in England) and Land Transaction Tax (LTT in Wales) expertise available to support all property transactions.
Our property tax lawyers advise clients purchasing property through our conveyancing team. Our SDLT specialist has produced a series of guides and articles on the surcharge that can be downloaded on this page.
There are also a series of stamp duty case notes, intended as short pieces on quirky SDLT issues which arise from day to day. These might be of interest to a variety of people, but are mainly aimed at other property lawyers.
Main Areas Of Practice
The rates of stamp duty land tax (SDLT) and land transaction tax (LTT) are now so high that they are often an important part of a transaction.
As well as advising on general SDLT and LLT rules, our specialist property lawyers have specialist knowledge of:
HIGHER RATES OF TAX FOR ADDITIONAL PROPERTIES AND SECOND HOMES
Taxes for residential property have become increasingly complicated, particularly with the higher rates of stamp duty land tax for additional properties: the 3% surcharge. The extra tax can apply not only to second homes, but also sometimes to a property being bought as an only or main residence for the buyer.
COMPLICATED RESIDENTIAL PROPERTY TRANSACTIONS
We are familiar with other stamp taxes complications including: - First time buyers' relief; - The proposed 1% surcharge on non-resident buyers; - The special issues with properties bought by companies such as the flat rate of 15% and the reliefs available; The special treatment of social landlords such as housing associations; - Staircasing transactions for shared ownership leases; - Lease extensions and enfranchisements and Prudential structures where a plot is bought with a separate contract for carrying out the building work after the land is transferred.
COMMERCIAL PROPERTY STAMP TAX SPECIALISTS
Our property tax lawyers advise on other complex aspects which tend to apply to commercial properties and issues such as transactions involving development of land, overage payments; taxes on mixed use properties such as farms; sale and leaseback transactions; variation, surrenders and regrants of leases; group relief for transactions between companies and property going in or out of a partnership agreement.
LAND TRANSACTION TAX
Wales has had its own separately administered stamp tax on property transactions since 1 April 2018. The rates of tax are different from SDLT. Whilst the design of LTT is similar to that of SDLT, there are important differences. Our property tax lawyers can help advise on these changes as we have stamp tax specialists with experience of LTT.
The SDLT rules around properties with granny flats, annexes or other subsidiary dwellingsDownload
Stamp Duty Land Tax: Bewley case study on dwelling and residential propertyDownload
First time buyers' relief guideDownload
3% surcharge examples explaining the 2017 and 2018 changesDownload
SDLT - the expiry of the transitional periodDownload
SDLT guidance review 2020Download
SDLT guidance review 2017Download
Stamp duty land tax and LTT have become increasingly complex, especially over the last five years for residential property transactions. Our property conveyancing solicitors and commercial property lawyers are able to count on specialist SDLT and LTT input from within the firm. The advice can also sometimes be provided on a “stand alone” basis.
“I originally found John Shallcross by searching through Stamp Duty articles on the internet, we took his advice regarding a specific project. At all times, I have found him knowledgeable, pragmatic and decisive with his opinion on what is often complex legislation, - he is now our “go to” guy for SDLT!”
- Property Developer
"We use John Shallcross for all our SDLT queries and problems – his knowledge of this area of law is legendary and he is always quick to respond to any queries. I really cannot recommend him too highly."
- Conveyancer in a Hampshire firm
"I recommend John for his expertise in matters involving complex residential SDLT considerations. Thoughtful and calm, measured advice that allows decisions to be made with confidence".
- Head of Department of a south coast firm
"John provided clear, concise and very helpful advice, enabling me to make a clear plan for the transaction."
Represented buyers who had bought a farmhouse and a coach house together for over £2,000,000 using other conveyancers. We helped them amend the return to claim multiple dwellings relief which resulted in a refund of over £70,000 from HMRC.
Advised on a transaction involving the sale of a chain of commercial properties with leases to be granted back to the client company on the transaction. Suggested how the deal be restructured to save over £250,000 of stamp duty land tax by securing lease back relief.
Advised a buyer paying over £2,000,000 for a house with a field of about 8 acres. The saving by treating the property as “mixed use” rather than “residential property” was nearly £80,000. HMRC made a check of the return and accepted that the property counted as “mixed use”.
At Blake Morgan, we often need to bring our expertise with different areas of the law together to recommend the best way to structure a deal. Doing this can save...Read More
The operation of the rules for the 3% surcharge is complex. One current concern relates to the three year rules. These can apply where someone retained their old home when...Read More
Welcome to May's edition of the Stamp Duty Land Tax Case Notes from SDLT expert John Shallcross. As well as a number of guides on line, he is putting on line...Read More
A recent tribunal case on the stamp duty land tax treatment of a transfer in return for an annuity deals with market value rules which apply both for the transfer...Read More
HMRC continue to struggle with the complexity of the rules around the higher rates of Stamp Duty Land tax for purchases of additional residential properties, especially the replacement of the buyer’s...Read More
This case study shows the complexity of the rules around the higher rates of SDLT for purchases of additional residential properties, especially the replacement of the buyer's only or main residence. It...Read More