Stamping on unfair tax?

Yesterday saw the Chancellor, George Osborne deliver his autumn statement. It was billed as the last piece of real political theatre ahead of next year’s General Election. Many forecasts were provided and statistics argued over. Announcements were made as to how central government funds are to be spent and changes to certain tax regimes were announced. It was ever thus.

However, perhaps one of the most eye catching changes concerns how Stamp Duty Land Tax (more commonly known as Stamp Duty) will operate in the future.

Anyone who has purchased a house will have had to factor into their budget (or rapidly amend their budget) the amount the government charges to ‘stamp’ the land transaction documents such that you own your new home. This has always been a controversial method of taxation, especially given the amounts due to be paid.

The Old System

Before yesterday’s announcement the amount of Stamp Duty payable depended upon the purchase value of the house in question with a percentage being applied to the value. The bandings were as follows:

  • 1% for properties bought for more than £125,000;

  • 3% for homes bought for more than £250,000;

  • 4% for homes bought for more than £500,000;

  • 5% for homes bought for more than £1m; and

  • 7% for homes bought for more than £2m.

Once the purchase price went 1p over the relevant value band, the higher percentage would come into effect across the entire purchase price. As such, if you bought a property for £250,000 you would need to account for £2,500 in respect of stamp duty in order to purchase it (1% of £250,000). Were you to buy a property for £251,000 the stamp duty owing would be £7,530 (3% of £251,000), £5,030 more in tax for a £1,000 increase in purchase price.

The New System

As of today (4 December) stamp duty will operate as follows:

  • No stamp duty will be paid on the first £125,000 paid for a property;

  • 2% will be paid on the portion up to £250,000;

  • 5% is paid for the portion up to £925,000;

  • 10% is paid on the portion up to £1.5m; and

  • 12% is paid on anything above that

This brings stamp duty into line with other tax regimes such as income tax and minimises the sudden increases in stamp duty liability that could occur under the old regime. The hope is presumably that house prices will rise as a result of people being less concerned about falling into the next banding as before. In many cases the tax liability will be less in future and especially at the lower end of the property market. However, some purchasers will see no change and once you approach a purchase price of £1 million the effect is an increase in tax owed.

Using the same example above, the stamp duty liability will still be £2,500 for a property bought for £250,000 (the calculation being 2% of the portion of the property worth over £125,000 or, to put it another way 2% of £125,000) –  no change.

As to the £251,000 property, the liability would be £2,550 (the initial £125,000 being tax free, the next £125,000 calculated at 2% and the remaining £1,000 calculated at 5%). That equates to a charge for stamp duty of £4,980 less today compared with yesterday.

Based on an average price of a property in London of £510,000, stamp duty yesterday would have been £20,400; today it is £15,500.

Anyone in the throes of buying a property, having exchanged contracts already but not completed, will be able to choose whether to use the old or the new system. We attach a link to HMRC’s stamp duty land tax calculator below:

http://www.hmrc.gov.uk/tools/sdlt/land-and-property.htm

If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk

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