The Chancellor Rishi Sunak presented the 2021 Budget on 3 March. The Finance (No.2) Bill 2019-21 was published on 11 March, and received its second reading on 13 April.
Stamp duties are levied on conveyances and transfers of land and property, and on securities (share and bond) transactions. The term comes from the fact that historically stamps on documents, following their presentation to the Stamp Office, indicated payment. Land and property transactions are now charged Stamp Duty Land Tax (SDLT), whereas electronic transfers in securities are charged Stamp Duty Reserve Tax (SDRT). In 2018/19 stamp duties raised £15.6 billion in total; SDLT accounted for just over three quarters of this total (£11.9 billion).
Generally SDLT is charged on increasing portions of the property price above a nil rate band, set at £125,000 when someone buys a residential property (such as a house or flat).
Property or lease premium or transfer value SDLT rate
- Up to £125,000 : Zero
- The next £125,000 (the portion from £125,001 to £250,000) : 2%
- The next £675,000 (the portion from £250,001 to £925,000) : 5%
- The next £575,000 (the portion from £925,001 to £1.5 million) : 10%
- The remaining amount (the portion above £1.5 million) : 12%
- If you buy a house for £275,000, the SDLT you owe is calculated as follows:
- 0% on the first £125,000 = £0
- 2% on the next £125,000 = £2,500
- 5% on the final £25,000 = £1,250
- Total SDLT = £3,750
First time buyers are entitled to a relief on purchases up to £500,000.
An additional rate of SDLT is charged if someone purchases a new residential property, and, as a result, owns more than one. This adds an additional 3% to the rate of tax charged.
SDLT has been devolved to both Scotland (from April 2015) and Wales (from April 2018). Both the Scottish and Welsh Governments charge their own replacement taxes: the Land and Buildings Transactions Tax collected by Revenue Scotland; and the Land Transaction Tax collected by the Welsh Revenue Authority.
On 8 July the Chancellor gave a statement to the House on the state of the economy in the context of the Covid-19 pandemic, setting out a series of measures to boost job creation. As part of this Mr Sunak announced a temporary increase to the nil rate band for residential house sales, from £125,000 to £500,000. The new nil rate band will apply for 8 July 2020 to 31 March 2021, at an estimated Exchequer cost of £3.8bn. HMRC has published detailed guidance on the application of the new £500,000 nil rate band as well as a short impact assessment.
A non-first time buyer paying the average English house price (as at January 2020) will save £2,500 as a result of the increased threshold. Looking regionally – as the Resolution Foundation has done – the average savings, based on the average price paid in each region, varies significantly. If a non-first time buyer paid the average price in London they would save £14,200. A buyer paying the average price in the North East would make almost no saving: the average house price in the North East is £127,000 which is only a little over the previous threshold.
It is highly likely that a significant part of this tax cut will be on house sales in London and the South East. The majority of SDLT receipts come from these two regions. HMRC estimate that in 2018/19, 39% of SDLT receipts came from residential sales in London and 22% came from residential sales in the South East. However, there are wider benefits to consider. The Treasury expects the policy to stimulate the housing market, bringing wider benefits to the industry. In their response to the Chancellor’s announcement, the Institute for Fiscal Studies note that an earlier SDLT holiday delivered an effective stimulus in 2008/09
Following the Chancellor’s statement, the House approved a Provisional Collection of Taxes Motion, which gives immediate effect to this measure (HC Deb 8 July 2020 cc1016-7). In a letter to the Chair of the Treasury Select Committee the Chancellor confirmed, “the increase in the nil rate band will be enacted by the Provisional Collection of Taxes Act 1968 providing the interim authority for the change before resolutions are debated in Parliament at a later date” (Letter dated 08/07/2020 from Rishi Sunak MP to Mel Stride MP regarding the changes to Stamp Duty Land Tax, Deposited Paper (DEP2020-0407), 8 July 2020).
On 9 July the Leader of the House announced that all of the stages of the Stamp Duty Land Tax (Temporary Relief) Bill in the Commons would be taken on 13 July. In turn the Bill, which only comprises of two clauses, was introduced, and agreed, without amendment, on that day (HC Deb 13 July 2020 cc1290-1342; House of Commons, Votes and Proceedings No.85, 13 July 2020). In turn the Stamp Duty Land Tax (Temporary Relief) Act 2020 received Royal Assent on 22 July (Votes & Proceedings, No.91, 22 July 2020).
A Commons Briefing paper provides further details of this measure, and earlier reforms to the taxation of residential property: Stamp duty land tax on residential property, CBP7050, 22 July 2020.
Two other Commons Briefing Papers look at the wider issues of housing need and housing supply: Tackling the under-supply of housing in England, CBP7671, 9 March 2020 & Stimulating housing supply: Government initiatives (England), CBP6416, 20 April 2020.
Data on house prices, mortgage approvals and house-building is provided in, Housing Market: Key Economic Indicators, CBP2820, 29 June 2020.
The background to the Chancellor’s statement is explored in, The Chancellor’s summer economic update: Background briefing, CBP8957, 7 July 2020
EWS1 forms may be required when selling/re-mortgaging leasehold flats in blocks. Find out about the EWS process and associated issues here.
In recent years concerns as to the scale of mass marketed tax avoidance schemes have led to three major initiatives to undermine this market, and encourage a sea change in attitudes, both in the accountancy industry and its customers: the Disclosure of Tax Avoidance Schemes regime (DOTAS); the General Anti-Abuse Rule (GAAR); and the system of follower notices & accelerated payments. Following these initiatives the Government has continued to introduce provisions to tackle both tax avoidance and tax evasion, including measures in both the Spring & Autumn Budgets in 2017, and the 2018 Budget. This note provides an introduction to the issue of tax avoidance, looking in detail at the development of follower notices and accelerated payments, before discussing the current Government’s approach.