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Surcharge on residential property purchased by non-UK residents

26 February 2019 / Malcolm Finney
Issue: 4685 / Categories: Comment & Analysis
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Key points

  • HMRC is consulting on stamp duty land tax surcharge for non-residents.
  • The proposal is to introduce a 1% surcharge on residential property.
  • The surcharge will apply to residential property in England and Northern Ireland.
  • A different definition of UK residence will apply.
  • A refund can be claimed by purchasers who become UK resident.
  • Administration will as far as possible mirror the existing SDLT regime.

On 11 February a little later than planned HMRC released a 32-page consultation document Stamp Duty Land Tax: non-UK resident surcharge which followed the announcement in Budget 2018 (tinyurl.com/HMRC-05297).

The basic proposal is for the introduction of a 1% surcharge on residential property purchases in England and Northern Ireland by non-UK residents thus excluding non-residential or mixed use properties. Wales and Scotland have their own land transaction tax and land and buildings transaction tax respectively.

The introduction to the consultation says:

‘The government...

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