15:03 PM, 22nd October 2019, About 2 years ago 3
Hi I’am currently in the process of purchasing 2 properties from the same seller.
I believe this is termed a “linked” purchase and extra SDLT is payable to HMRC.
Please can anyone advise me of what the position of SDLT might be in this situation.
Both of the properties being purchased are HMO’s.
Editor’s Note: From HMRC >> https://www.gov.uk/guidance/sdlt-linked-purchases-or-transfers
When 2 or more property transactions involve the same buyer and seller, they count as ‘linked’ for SDLT. HM Revenue and Customs (HMRC) may count people connected to a buyer or seller as being the same buyer or seller.
If 2 or more transactions are treated as linked then the buyer pays any SDLT due on the total value of all linked transactions. This may mean that they pay a higher rate of SDLT than if the transactions are counted individually.
If all the properties that link are residential, apply the residential property rates to the linked transactions.
Higher rates of SDLT may be charged from 1 April 2016 on purchases of additional residential properties.
If any or all of the properties that link are non-residential, apply the non-residential property rates to the linked transactions.
HMRC counts transactions as linked if:
A connected person could be your relative, for example your brother, sister, parent, grandparent, husband, wife or civil partner – or one of their relatives.
If the buyer or seller is a business, a connected person would be a business partner and their relatives. It also includes companies and groups of companies who are connected to the business.
How and when you do a SDLT return depends on the type of linked transaction you have.
Transactions linked as part of a single arrangement
Some transactions are linked because they’re part of the same single arrangement or scheme. It’s the same whether you document them separately or not. If each transaction has a separate contract, and if the sales are part of the same deal, they count as linked for SDLT.
If you sell a residential property in such a way that one person buys the house but their relative buys the garden, the 2 transactions are linked. They’re connected people and they’re buying things from the same seller as part of a single deal.
Because the 2 transactions are linked, calculate the amount of tax due on the total chargeable consideration for all the transactions. Then, apportion this amount between the transactions in proportion to their share of the total chargeable consideration.
Transactions linked as part of a series of transactions
When a sale is followed by one or more related sales, if there’s something to link all the transactions together, they count as linked transactions for SDLT. There’s no limit to the length of time between the transactions.
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