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Changes to Stamp Duty tax rates in England were announced as part of the mini-budget in September 2022, among several significant adjustments to UK tax structures and charges.
However, non-residential property transactions and mixed-use purchases remain liable for the same Stamp Duty rates, and calculating the levy correctly is important.
Is Stamp Duty Payable on a Business Property or Buy-to-Let?
Stamp Duty is a property tax charged to the buyer and is payable on all property types if the sale value exceeds the threshold.
Non-residential property transactions include any sale comprising:
Commercial business premises.
Non-residential properties.
Agricultural land.
Blocks of six or more residential properties purchased together.
Land or property that is not a residential garden.
Mixed-use premises.
Purchases over the £150,000 threshold are liable for Stamp Duty, even if the property is partially residential, but another part falls into one of the above categories.
Stamp Duty applies regardless of whether the purchase is a new build, an existing property or a freehold or leasehold asset.
What Are the Stamp Duty Rates on Buy-to-Let Properties?
A buy-to-let is considered a non-residential property acquisition because the buyer does not intend to live in the accommodation as their primary residence.
Therefore, the non-residential Stamp Duty rates apply.
This rule also covers mixed-use properties. For example, an office with a flat above it or a residential property with multiple units will not be taxed as a residential home.
Stamp Duty Rates for Non-Residential or Mixed Use Properties
Current Stamp Duty rates for all commercial or non-residential buildings are as follows.
Purchase Value
Stamp Duty
Up to £150,000
0%
£150,001 - £250,000
2%
£250,001 and above
5%
Commercial and non-residential Stamp Duty rates work on tiers, so the 2% band is only charged against the proportion of the value that falls between £150,000 and £250,000 and so on.
Example Non-Residential Stamp Duty Calculation
If a business or individual investor were to purchase a property for £500,000, the Stamp Duty calculation would be:
£0 - £150,000: zero Stamp Duty.
£150,000 - £250,000: 2% Stamp Duty of £2,000.
£250,000 - £500,000: 5% Stamp Duty of £12,500.
Total Stamp Duty payable is £14,500 or 2.9%.
Example Non-Residential Stamp Duty Calculation for a Leasehold Purchase
Leasehold purchases are calculated as the total lease premium paid plus the annual rent paid to the freehold owner.
The lease purchase cost is the lease premium, and the annual rent is the net present value.
Net present value is based on the total lifetime of the leasehold multiplied by the yearly rent, but Stamp Duty is only payable if the total is £150,000 or above.
Net Present Value
Stamp Duty Rate
Up to £150,000
0%
£150,001 - £5 million
1%
£5 million and above
2%
When Does Commercial Stamp Duty Need to Be Paid to HMRC?
Commercial and non-residential property purchases have 30 days to remit the tax payment to HMRC, a slightly longer extension than for a residential transaction. The 30 days commence on the day the sale completes.
Most buyers will use a solicitor to manage the property deeds and financing, so they will organise the payment on your behalf to ensure you do not receive a penalty.
Stamp Duty is payable by all buyers, whether a company or an individual, a private investor or an overseas organisation.
Commercial and Non-Residential Stamp Duty Guidance
Please send a message to Revolution Finance Brokers at any stage if you would like more information about non-residential Stamp Duty rates, or planning for your commercial property purchase.
As specialist mortgage brokers for a huge variety of applicants, the whole-of-market consultants at Revolution provide access to an exceptional range of
lenders, products and mortgage deals. That means you get the advantage of professional negotiation and broker-exclusives through an established lending network to ensure we always find you the most competitive mortgage available.
The content included in our articles, blogs, web pages and news publications is based on information accurate at the time of writing. Note that policies and criteria can change regularly throughout the UK mortgage lending market, and it remains essential to contact the consultation team to receive up to date guidance. The information included on the Revolution Brokers site is not bespoke to any circumstances or individual application scenarios and therefore is not intended to be used as financial advice. The content we share is designed to be informative and helpful but cannot be relied upon to provide individual advice relevant to your mortgage requirements. All Revolution team members are fully qualified, trained and experienced to provide mortgage advice of an independent nature.
We collaborate with lenders and providers who are regulated, authorised and registered with the Financial Conduct Authority (FCA). Should you require specific mortgage borrowing types, some products such as buy to let mortgages may not be FCA regulated. The Revolution team can provide further information about regulated and unregulated lending as required. Please remember that a mortgage is a debt which is secured against your home or property. Your home can be at risk of repossession if you do not keep up with the repayments or encounter any other difficulties in managing your mortgage borrowing responsibly. This also applies to any remortgage or home loan secured against your property, including equity release products.
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