SDLT for Residential Conveyancers - Key Considerations Explored

Introduction

As additional rules are introduced and a series of cases go through the courts, SDLT is becoming more and more complicated. This is particularly the case for residential SDLT.

This virtual classroom seminar aims to provide you with the detail on what to consider when considering SDLT returns, along with updates on the latest position with case law and HMRC guidance for mixed use properties, multiple dwellings relief and the higher rate of SDLT for additional dwellings.

What You Will Learn

This live and interactive session will cover the following:

• Basics of SDLT:
• What is residential property - meaning of a dwelling, position with mixed use building, position with six or more dwellings
• SDLT rates for residential property
• Effective date of a transaction - what is substantial performance?
• Linked transactions
• Further issues to consider in relation to what is a dwelling (including details of HMRC guidance and recent cases):
• What is suitable for use as a dwelling?
• What are the gardens or grounds of a dwelling?
• Examples of tricky transactions and when residential vs non-residential
• First time buyer's relief:
• Conditions and the thresholds that apply
• 3% additional surcharge on additional properties:
• Conditions for the surcharge to apply
• Replacement of main residence and reclaiming additional SDLT paid
• Position with ‘subsidiary’ dwellings (e.g., granny annexes)
• Application to spouses and other family members
• Interaction with other surcharges/reliefs
• 2% additional surcharge for non-UK buyers:
• How to determine if an individual is non-resident
• How to determine if a company is non-resident
• Interaction with other surcharges/reliefs
• 15% rate for non-natural persons:
• When the 15% rate applies
• Reliefs from the 15% rate
• Interactions with other surcharges/reliefs
• Multiple Dwellings Relief (MDR)
• How does MDR work?
• How to claim MDR and adjustment of relief
• Interaction with the 3% and 2% surcharge
• Position of property with an annexe and recent case law
• Potential changes to MDR

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.