What is SDLT?
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What is SDLT?

Stamp Duty Land Tax is a government tax applicable to the ownership of a residential property or land in the UK. Stamp Duty applies to both freehold and leasehold homes and is payable whether you buy using cash or a mortgage. SDLT can seem like a complex tax or process to some; however, once the concept is cleared, each portion of the purchase price is taxed at a different rate.

How SDLT works
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How SDLT works

Current limits allow buyers to purchase up to £250,000 without paying stamp duty. Above this price point, only the portion of the price exceeding £250,000 attracts tax. This layered system applies to all standard purchases unless a surcharge or relief is triggered. If you are buying property in London, know that most purchases are above the £250,000 threshold, so factor in this expense at the budgeting stage.

Relief for first-time buyers
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Relief for first-time buyers

First-time buyers benefit from generous allowances that are designed to ease entry into the UK’s housing market. Under the current rules, no SDLT is payable on a £425,000 purchase. The difference between £425,001 and up to £625,000 is taxed at 5%. Purchases above £625,000 are liable to pay the standard stamp duty rates.

Buying a second home or property
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Buying a second home or property

If you are purchasing a second home or BTL property, the standard SDLT rate plus a 3% surcharge is applied across the full price. This surcharge also applies if you are buying a new main home before selling the old one; however, you can claim this amount back if the original property is sold within three years. As an investor, you must understand how the surcharge affects the total acquisition cost.

Non-resident SDLT surcharge
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Non-resident SDLT surcharge

Overseas property buyers who don’t meet the UK residence test within the 12 months preceding completion may be subject to an additional 2% surcharge. This test is based on physical presence in the UK rather than tax residency or nationality. This bracket of tax is charged on both main homes and investment purchases. Plus, it is added on top of any standard rates and the 3% additional property surcharge.

Filing & paying SDLT correctly
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Filing & paying SDLT correctly

Buyers must submit an SDLT return and pay any tax due within 14 days of completion. While your solicitor will handle the returns, ultimately, the legal responsibility is yours. Even if SDLT does not apply to your purchase, remember to file an SDLT return unless the transaction is marked exempt. Fining late may result in penalties and, in some cases, can also delay registration of the new title with the Land Registry.

Where is SDLT not applicable?
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Where is SDLT not applicable?

The SLDT is non-applicable if the property is inherited through a will, even where an outstanding mortgage exists. The same is for transfers ordered by the court during divorce, civil partnership dissolution or legal separation. Gifts, where no money changes hands or a mortgage is assumed, are also not subject to SDLT.

Transferring ownership or equity
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Transferring ownership or equity

SDLT is valid in cases where ownership shares changed, even without an outright purchase. Whether you are adding or removing a partner, transferring a share to a family member or restructuring ownership for financial planning, you will need to pay the stamp duty. Remember that the tax is calculated on the chargeable consideration, which means only on any cash exchanged, share of an outstanding mortgage taken on or other obligations.

Mixed-use purchases & linked transactions
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Mixed-use purchases & linked transactions

Some transactions fall outside standard residential rules and require separate attention. Mixed-use properties, which combine residential and commercial elements, are taxed at commercial Stamp Duty Land Tax rates. These properties are not subject to the 3% additional property surcharge. Company purchases follow the same SDLT banding as individuals and overseas companies may also need to pay the 2% non-resident surcharge. SDLT is also calculated on linked transactions, i.e. multiple related purchases occur between the same parties and on shared ownership purchases and later staircasing.

How much SDLT do I need to pay?

Property price SDLT rate
£0 - £250,000 0%
£250,001 - £925,000 5%
£925,001 - £1.5 million 10%
Over £1.5 million 12%

How Benham & Reeves supports Indian investors with SDLT

Benham & Reeves has been a leading force in the London property market since the 1950s. Our India operations were established in 2011 and since then, our teams (Delhi & Mumbai) have played a major role in guiding Indian investors through the UK property taxes, including SDLT. With one-on-one consultations, our agents ensure you understand SDLT liabilities before committing to a property.

We liaise closely with UK solicitors, financial planners and mortgage advisers to keep you abreast with the applicable SDLT rates, surcharges or reliefs. If you’re looking for a rental investment in London, we can also assist you with long-term rental and management services through our 21 London branches.