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Transfer of Equity Stamp Duty
28/10/2021
(Last Updated: 20/09/2023)
31,304
5 min read
You have to pay stamp duty on transfer of equity where there is consideration over £40,000 if a buy to let or over £125,000 if your principle place of residence.
The sdlt transfer of equity rules are different for married couples. Read more >>Stamp duty on transfer of property between spouses.
What is transfer of equity stamp duty?
Stamp duty land tax is applicable to any transfer of land between one party to another where there is consideration. The rate of stamp duty payable differs for properties in England and those in Wales. Read more - What are the Transfer of Equity Costs?
When buying someone out of jointly owned property you need to factor in the stamp duty the purchase attracts as part of the settlement.
What is chargeable consideration?
Chargeable consideration is defined in the Finance Act 2003, Schedule 4, Stamp duty land tax: chargeable consideration. Consideration can be:
- cash changing hands; added onto
- the taking on of a debt (such as a mortgage or personal loan)
To work out the total consideration you add the cash/money being paid for the assignment and the new owner’s share of the existing mortgage/loan debt. If the total consideration exceeds the stamp duty threshold, then stamp duty is payable at the prevailing rate. Any stamp duty land tax should be declared and paid to HMRC within 30 days after completion of the transaction otherwise you may incur penalties.
SDLT Transfer of Equity Example
For Example: Ian owns a property in England valued £300,000 with a £275,000 existing mortgage. Jane, the wife of Ian, is transferred onto the legal title. Jane owns 99% of the beneficial interest and Ian owns 1% and Jane doesn't pay Ian any money for her share. Stamp duty land tax is payable on the consideration based on 99% of the existing (mortgage) debt of £275,000 which equates to £272,250 as she takes on 99% of the existing debt. As Ian and Jane are married there is no second home stamp duty, however there is standard rate stamp duty for the transaction. Click to use our up to date stamp duty calculator.
As we see above it is important to note that if someone owns 99% of the beneficial interest, they are treated for tax purposes as owning 99% of the existing debt/s (mortgage or second charges) over the property, even if all of the parties named on the mortgage are joint and severally liable for the mortgage.
Transfer of Equity Solicitor
We can handle the whole process in a matter of weeks with our panel of solicitors. We can help with:
- Transfer a party on or off the legal title
- Separation Agreements
- Gifted transfer for no consideration
Fixed Fee | Rated Excellent on Trustpilot | Completions in weeks not months | On all Mortgage Lender Panels
Frequently Asked Questions
PAY
NOSDLT
EXAMPLES
DECLARE
CONSIDERATION
SPOUSES
Written by:
Andrew Boast
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
Reviewed by:
Caragh Bailey
Caragh is an excellent writer in her own right as well as an accomplished copy editor for both fiction and non-fiction books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey and mortgage related articles.
