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Does this property transfer attract stamp duty land tax?

Question:

Is it possible to transfer a jointly-owned property (located in Warrington) to one partner? There is no mortgage. Is this an expensive process? Does it attract stamp duty land tax (SDLT)?

Arthur Weller replies:
If the transfer is a gift, or to someone connected to the giver, then for capital gains tax purposes the transfer value is deemed to be the present market value of half the property. If that is more than half the original purchase price of the property, then the giver, or transferor, is making a capital gain. With regard to SDLT, if this is a gift for no consideration, there is no SDLT. If this is a sale, it depends on how much is paid, and whether the purchaser currently owns any other property.

Is it possible to transfer a jointly-owned property (located in Warrington) to one partner? There is no mortgage. Is this an expensive process? Does it attract stamp duty land tax (SDLT)?

Arthur Weller replies:

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This question was first printed in Property Tax Insider in February 2019.