STAMP DUTY LAND TAX SURCHARGE FOR OVERSEAS BUYERS
STAMP DUTY LAND TAX SURCHARGE FOR OVERSEAS BUYERS

29 April 2021

The Government has introduced new rules that mean overseas buyers of property in the England and Northern Ireland will have to pay an additional 2% tax on top of the normal Stamp Duty Land Tax (SDLT) rates.

This means that the surcharge is applied on top of:

  • First-time buyer rates
  • 3% additional dwellings charge
  • Higher rate applying to companies’ residential transactions of over £500,000
  • Flat 15% Annual Tax on Enveloped dwellings

The surcharge has come into effect on residential property purchases, whether freehold or leasehold, that were completed on or after 1 April, 2021.These rates apply even if you intend to live in the property once you have completed and regardless of whether you are a first-time buyer or not.

There are different rules in Wales, where the Land Transaction Tax (LTT) and the Land and Buildings Transaction Tax (LBTT) in Scotland apply.

Phillips commercial property solicitor Matthew Morris-Ashton, who also deals with residential conveyancing, said: “Non-UK tax residents and companies buying UK residential property should seek professional advice about SDLT, to find out whether they must pay the 2% overseas buyer’s stamp duty surcharge and whether they are able to claim a refund once it has been paid.”

“It is also important for UK companies purchasing residential property to be careful, where the company has non-UK resident shareholders. This is because companies like these could find themselves liable to the additional 2% rate.”

To give you an idea of how much SDLT you are likely to have to pay, use this SDLT calculator which is on the Government’s tax website.

UK Residence Test

A new test for UK residence will apply just for the purpose of determining whether the SDLT surcharge applies. This is different from the Statutory Residence Test.

The SDLT surcharge test will determine if an individual is a UK resident if he or she is present in the UK for at least 183 days during any continuous period that:

  • Begins with the day 364 days before the effective date of the chargeable transaction, and
  • Ends with the day 365 days after the effective date of the chargeable transaction.

Matthew said: “If the purchase is made jointly with a spouse or civil partner and the couple live together, then only one of them needs to be a UK resident. However, this will not apply if the non-resident spouse or civil partner makes the purchase alone.”

Can Non-UK Residents Apply for A SDLT Refund?

Non-UK residents can apply for a surcharge refund if they become UK-resident after submitting their land transaction return. They will have up to two years to amend their land transaction return so that they can claim a repayment.

Is it possible to avoid the SDLT surcharge by flipping?

Matthew cautiously said: “It is possible to avoid the surcharge when a non-UK resident off-plan buyer flips the property to a UK resident. In this situation no surcharge will be payable because the flipper gets full sub-sale SDLT relief.”

If you would like more information about the non-UK resident SDLT surcharge, please contact Matthew by emailing [email protected] or by calling 01256 854602.

 

Disclaimer

This article is current at the date of publication set out above and is for reference purposes only. It does not constitute legal advice and should not be relied on as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.

Contact Us

Have more questions?
Our expert solicitors are here to take the worry off your hands.
Please call us or email and we’ll get back to you as soon as possible.
News
Family Court Fees Increasing from 13 July 2026: Act Now to Avoid Higher Costs
Family Court Fees Increasing from 13 July 2026: Act Now to Avoid Higher Costs

Following our recent article on probate fee increases further court fee changes are set to affect families across England and Wales this summer. Individuals considering divorce, financi ...

More
New Reforms Could Change Everything About How We Buy Our Homes
New Reforms Could Change Everything About How We Buy Our Homes

Phillips Law welcomes Government Reforms to end gazumping as house offers to be made legally binding in UK  Phillips Law welcomes the government proposed reforms for the home buying and ...

More
Probate Fees Set To Increase
Probate Fees Set To Increase

Families and Executors applying for probate later this year will face a significant increase in court fees. The government has announced an increase in probate fees, due to take effect ...

More
Junior Lawyer of the Year Win at the Hampshire Law Awards
Junior Lawyer of the Year Win at the Hampshire Law Awards

Phillips Law are celebrating a highly successful night at the annual Hampshire Law Society Awards, bringing home multiple accolades, including the prestigious ‘Junior Lawyer of th ...

More
Phillips Law’s 40-Hour Treadmill Challenge
Phillips Law’s 40-Hour Treadmill Challenge

We’re excited to announce that the Phillips Law team in Basingstoke will be taking on a 40-hour treadmill challenge. This event will start on Thursday, 4th June. It’s all about coming t ...

More
Navigating the Renters’ Rights Act: A Landlord’s Final Checklist
Navigating the Renters’ Rights Act: A Landlord’s Final Checklist

The Renters’ Rights Act is set to fundamentally reshape the private rental sector. These reforms introduce strict new rules on property management and tenant interaction, making it vita ...

More