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Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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9th Nov

Most recent Property taxes content

Q&As
As a general rule, stamp duty land tax (SDLT) is charged by reference to the chargeable consideration given for the subject matter of the transaction....
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29th Nov
Q&As
It has been assumed that there is only one purchaser and they do not have a spouse or civil partner, and the buy-to-let property is not being bought...
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29th Nov
Q&As
Case studyA buyer owns a residential buy to let property. The buyer acquires a new dwelling with the intention of it becoming a main residence and...
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29th Nov
Q&As
Where transactions are ‘linked’ for stamp duty land tax (SDLT) purposes, the consideration for the linked transactions is aggregated in order to...
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29th Nov
Q&As
Interest under section 87 of the Finance Act 2003 is payable on unpaid SDLT after the filing date. The interest rate is set by section 178 of the...
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29th Nov
Q&As
There are various tax aspects to consider when a corporate tenant is granted a reversionary lease including:•Stamp duty land tax (SDLT)•Value added...
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29th Nov
Q&As
As explained in Practice Note: SDLT—multiple dwellings relief, paragraph 7 of Schedule 6B to the Finance Act 2003 (FA 2003) determines what counts as...
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29th Nov
Q&As
The higher rates of the stamp duty land tax (SDLT) apply to the purchase of a major interest in a single dwelling by an individual, if at the end of...
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29th Nov
Q&As
The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase,...
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29th Nov
Q&As
The higher 3% rates of stamp duty land tax (SDLT) apply to a purchase of a major interest in a single dwelling by an individual, if at the end of the...
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29th Nov
Q&As
The higher rates of the stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end...
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29th Nov
Q&As
There is no prescribed form when applying to HMRC to defer SDLT on contingent or uncertain consideration. The application must comply with the...
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29th Nov
Q&As
Stamp duty land tax (SDLT) applies to chargeable land transactions. A land transaction is an acquisition of a chargeable interest (sections 42–43 of...
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29th Nov
Q&As
We assume for the purposes of this question that:•both the buyer and seller are taxable persons and registered for value added tax (VAT)•VAT has been...
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29th Nov
Q&As
The purpose of an election under section 198 of the Capital Allowances Act 2001 (CAA 2001) is to allow the buyer and seller of a property to elect...
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29th Nov
Q&As
Consequences of disapplication of a VAT option to taxIf a VAT option to tax is disapplied, it makes the transaction exempt from VAT, which means that...
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29th Nov
Q&As
The NNDR taxation system was introduced on 1 April 1990 as part of the package of measures replacing the former general rates system. The principal...
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29th Nov
Q&As
Liability for business ratesProperty which is the subject to rating is a 'hereditament'. The Local Government Finance Act 1988 (LGFA) provides that:A...
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29th Nov

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