Q&As

Is a transfer of equity from one spouse to both spouses exempt from stamp duty land tax (SDLT) where the transferee spouse is assuming debt (of an amount greater than the SDLT threshold) or if not, will the higher 3% rates apply?

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Produced in partnership with Sean Randall of Blick Rothenberg
Published on LexisPSL on 20/06/2019

The following Tax Q&A Produced in partnership with Sean Randall of Blick Rothenberg provides comprehensive and up to date legal information covering:

  • Is a transfer of equity from one spouse to both spouses exempt from stamp duty land tax (SDLT) where the transferee spouse is assuming debt (of an amount greater than the SDLT threshold) or if not, will the higher 3% rates apply?

The transfer of an undivided share of a freehold or leasehold estate is a stamp duty land tax (SDLT) transaction. The interest transferred is a ‘chargeable interest’ for SDLT purposes. If the purchaser (the transferee spouse) assumes debt as the consideration for the transaction, the amount of the debt assumed is treated as the chargeable consideration for the transaction. Presumably, debt is secured on the transferred property and the

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