I have inherited 50% of a property in Oxford, with the other half being gifted shortly. I am about to make my first purchase of a property, and I am worried about the 3% stamp duty land tax (SDLT) surcharge. Will I have to pay this?
Arthur Weller replies:
If someone owns two properties when they complete the purchase of their new property, Condition C is triggered, and they will have to pay the extra 3% SDLT. However, if the first property was inherited within the previous three years of the purchase, there is special legislation that exempts the purchaser from paying the extra 3% SDLT. See HMRC’s Stamp Duty Land Tax manual at SDLTM09795 for the rules and conditions.