Adam Waller, Commercial Lawyer at Graham & Rosen comments on the Stamp Duty Land Tax reforms in the budget
Stamp Duty Land Tax – an unavoidable evil, or is it? If you’re like me then it probably is unavoidable and you’ll have to pay it.
Stamp Duty Land Tax avoidance schemes do exist, but generally only for the very wealthy. With the new rate of 7% for properties over £2Million people will be considering using them even more. But be careful, hidden in the budget was a warning: retrospective legislation will be used to close down SDLT avoidance schemes where necessary.
One easy alternative was to buy high value residential property in a company name – OK, so you paid the same rate initially but you could recoup most of that with a higher selling price in the future – selling the company on, with the buyer paying only 0.5% on the value of the shares.
Lots of high value residential property is owned by Companies, including offshore companies who pay little or no UK tax- currently this includes residential institutions, schools, halls of residence and the like as well as mansions and large houses. The government is clamping down hard.
In future companies will pay 15% SDLT on residential properties over £2Milion – a huge incentive to stop companies being used to avoid SDLT or put off foreign companies from buying here. Added to this the lib-dem “Mansion Tax” is being considered. This would be a yearly charge on the company owner (in addition to that 15% Stamp Duty land tax charge on purchase) with proposed rates starting at £15,000 per year.
There is a light at the end of the tunnel though – the government will change the legal definition of residential property to remove things such as schools and large institutional buildings so some may be safe. If you are a residential lettings company owning south-east countryside properties though could be Game Over for Stamp Duty Land Tax avoidance and you could be putting your hand deep into your pocket. If you’re thinking of buying such a company will it be worth it in the long run?