Stamp Duty changes could herald LBTT rethink, says Scottish tax body

Moira Kelly
Moira Kelly

Chancellor George Osborne’s Budget announcement included a series of measures affecting Stamp Duty Land tax (SDLT), both on commercial properties and residential properties that could provoke a rethink of similar charges north of the border, according to the Chartered Institute of Taxation (CIOT).

The commercial property measures, effective from midnight include: a 0 per cent rate on purchases up to £150,000, 2 per cent on the next £100,000 and a 5 per cent top rate above £250,000. There will also be a new 2 per cent rate for high-value leases with net present value above £5 million.

The CIOT is cautioning that this may encourage Scotland’s finance minister, John Swinney, to consider changes to the Scottish equivalent, the Land & Buildings Transaction Tax (LBTT) in respect of commercial property and the new LBTT additional dwellings supplement.

From 1 April 2016 there will be higher rates of SDLT payable on purchases of residential properties, similar to the LBTT additional dwellings supplement, which also takes effect from the start of April 2016.

Chair of the CIOT’s Scottish technical committee, Moira Kelly, said: “The changes announced today to the SDLT may encourage the Finance Minister, John Swinney, to consider changes to the LBTT here in Scotland. We wait with interest to see what exactly these changes will be.

“Insofar as additional residential properties are concerned, a higher rate of 3 per cent above the current SDLT rate was proposed on additional properties in England, Wales and Northern Ireland in the Autumn Statement. We are pleased that the Government has decided to extend from 18 to 36 months, the period of time they have to claim a refund from the higher rates or before the higher rates will apply, in the event that there is a period of overlap in ownership of a main residence. The receipts will then be used to fund community-led housing developments. We call on the Scottish Government to consider making a similar relaxation in respect of the LBTT additional dwellings supplement.

“In addition, now that the UK Chancellor has decided to extend the additional tax to large scale investors, it remains to be seen whether in time the same extension will be made in Scotland.”

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