Rinlgley group logo
  • Home
  • Who We Are
    About Us Our People Awards Savings for Clients Results for Clients Green Management Strategies Market Overview Leasehold Reform Campaign Money Back Guarantee
  • What We Do
    • Block Management
      • Block Management Overview
      • for RTM Companies
      • for Freehold Management Companies
      • for Resident Management Companies
      • for Estates of Houses
      • for Freeholder Investors
      • Ground Rent Collection
      • How to Change Agent
      • Block Management Packages
      • Can't Afford an Agent?
      • Legal work & Tribunals
      • Section 20 Major Works
      • Ringley's Top 10 Tips
      • Staff on Site
      • Moving or Buying?
      • Report an Incident
    • Asset Management
      • Asset Management Overview
        • Asset Management Overview
        • Stabilised Assets
        • Project Monitoring
        • Mobilisation & Lease up
        • Asset Managers TechStack
        • Accounting & Reporting
        • Brands & URLs for sale
        • ESG Consultancy & Implementation
        • UK Build to Rent
        • UK Later Living
        • UK Coliving
        • UK Student Housing
        • BTR Smart PropTech
        • BTR Strategic Marketing
        • BTR Resident Experience
        • BTR Tenancy Management
        • Asset Management Clients
        • Site Finding/Digital Land Search
      • Law
        • Legal Services Overview
        • Our People
        • Recommendations
        • Right to Manage
        • Lease Extensions
        • Freehold Purchase
        • Absentee Freeholder
        • Court Appointed Manager
        • Conveyancing
        • Service Charge/Rent Arrears Recovery
        • Company Secretary
      • Valuation
        • Valuation Overview
        • Loan Security
        • Company Accounts
        • Lease Extensions
        • Freehold Purchase
        • Rent Reviews
        • Development Valuations
        • Insurance Valuations
        • Expert Witness & Litigation
        • Tax, Trusts & Accounts Valuations
        • Trading Business
        • Compulsory Purchase
        • Residential Valuations
      • Engineering
        • Engineering Overview
        • EWS1 Consultancy
        • Asbestos
        • Contract Administration
        • Fire Assesment
        • Homebuyer Survey
        • Building Survey
        • Schedules
        • Party Wall Matters
        • Principle Designer
        • Disability Access Audits
        • Small Building Works
      • Finance
        • Finance Overview
        • Get Accounts Quote
        • The Law & Property Accounts
        • Industry Update
        • To audit or Not?
      • Plant & Facilities Management
        • Plant & Facilities Management
        • Fire Door Inspection APP
      • Site Staffing Solutions
      • Leasehold Guidance
        • Leasehold Guidance Overview
        • Right to Manage
        • Buy Freehold
        • Court Appointed Manager
        • Absentee Freeholder
    • Insights
      Property Management Articles Property Management Blogs Rental Market Blogs Customer Comments FAQ - Ask Our Experts
    • E-books
    • Portal Login
    • Get In Touch
    • Clear Filter
    • Property Blog INDEX
    • PlanetRent Blog

    Could a tax tribunal ruling mean BTL investors avoid 3% stamp duty surcharge?


    Responsive image


    Buy-to-let investors could soon fill the HMRC with stamp duty surcharge refund requests. This is following on from a potential precedent set at a recent tax tribunal that saw a couple acquire a neglected building and were able to refute the additional 3% stamp duty charge on purchases of second homes.

    It was revealed at
    the tribunal, held in Bristol, that potentially, buy to let investors could avoid
    paying the 3% stamp duty surcharge. This instance could cause many more
    landlords who have already paid the surcharge, to demand a refund from HMRC and
    suggests that many property purchases could fall short of the additional 3% surcharge
    and just consist of the standard rate stamp duty.

    Paul and Nikki Bewley
    acquired their uninhabitable bungalow in Western-super-Mare and made the
    decision to bulldoze the original build in order to make way for a new property,
    thinking they would not accountable for the 3% charge for Taking on the
    additional property.

    HMRC argued this view,
    believing that the 3% charge was applicable, as the property was capable of
    being used as a dwelling sometime in the future.

    However, a recent tax
    tribunal ruled against the HMRC and in favour of Paul and Nikki Bewley, stating
    that they are only able to charge the 3% if the home is in an acceptable living
    condition right away.

    HMRC has yet to
    decide on an appeal, stating: “We’re considering the judgment carefully.”

    But, this ruling suggests
    that many buy-to-let landlords could be exempt from the 3% surcharge, when
    buying a property that is uninhabitable at the time they purchased it.

    Commercial
    Trust Limited, a specialist buy-to-let broker, considers that this ruling could
    represent an opportunity for past claims from buy-to-let investors who have
    paid the additional 3% charge on properties that were uninhabitable at the time
    of purchase.



    27/03/2019
    Author :

    Social
    Facebook Linkedin Twitter Blogger

    Subscription

    Keep up to date

    (Weekly, fortnightly or monthly)


    To find out more what we do with your data, please read our Privacy Policy


    Insights, Blogs, Research, E-Books

    Landlord blog bg

    Landlord blog
    Read landlord blog
    Property blog bg

    Property blogs
    Read property blogs
    Articles bg

    Property articles
    Read property articles
    E book

    E-books
    Read E-books
    Facebook footer Instagram footer Linkedin footer Twitter footer
    Facebook footer
    Instagram footer
    Linkedin footer
    Twitter footer
    • Ringley Group
    • About us
    • CSR
    • BusyLiving
    • PlanetRent
    • Fire door inspection
    • Talk to us
    • Careers
    • Ask a Question
    • Insight
    • Articles
    • Blogs
    • Subscribe
    • What we do
    • Asset Management
    • Block Management
    • Facilities Management
    • Property Law
    • Surveying / Valuation
    • Building Engineering
    • Financial Services
    • Managing Agents
    • Block Management Locations
    • Co-working
    • Offices
    • London
    • Ringley House
    • 1 Castle Road
    • London
    • NW1 8PR
    • T: 0207 267 2900
    • Manchester
    • 11 Swan Street
    • Northern Quarter
    • Manchester
    • M4 5JJ
    • T: 0330 174 7777
    • Cardiff
    • 122 Bute Street
    • Cardiff Bay
    • Cardiff
    • CF10 5AE
    • T: 0330 174 7747
    • Email: solutions@ringley.co.uk
    • Emergency line 1: 0207 428 2056
    • Emergency line 2: 0207 267 2900
    • Report incident
    Privacy Policy
    Ringley Staff
    Ifsm Irpm member New iso Arla licensed Ombudsman services Rics vertical Gbc

    All content © copyright 2022. Ringley Limited. All Rights reserved. Ringley Limited, incorporated and registered in England and wales. Registered office: Ringley House, 1 Castle Road, London, NW1 8PR. Company No. 03302438
    Terms of use | Privacy Policy | Modern slavery act | COVID-19 risk assessment