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How does stamp duty work when I buy a home?

Stamp Duty Land Tax applies in England and Northern Ireland only. Who pays it, when it is due, how the banded calculation works, and the reliefs worth checking before completion.

Difficulty
beginner
Time
11 min
Read
5 min

Short answer

The buyer pays, and the return and the payment are both due within fourteen days of completion — in practice your conveyancer files and pays on completion day out of the funds you sent them. The tax is worked out in bands, with each band's rate applied only to the part of the price falling in it. Scotland and Wales have their own taxes instead. Current rates, thresholds and reliefs are on GOV.UK and change at fiscal events.

The two things that go wrong are budgeting and timing. Buyers plan for the deposit and the legal fees and are surprised by the tax, which is due in cash at completion and cannot be added to the mortgage. And people assume 'stamp duty' is one UK tax, when it is three different taxes with three different sets of rates, three different reliefs and three different filing deadlines.

Step by step

  1. Check which tax actually applies.Stamp Duty Land Tax for property in England and Northern Ireland. Land Transaction Tax for property in Wales, collected by the Welsh Revenue Authority. Land and Buildings Transaction Tax for property in Scotland, collected by Revenue Scotland. The property's location decides it, not where you live.
  2. Understand that it is banded, not a single percentage.Each rate applies only to the slice of the price that falls within its band, so a price a pound over a threshold does not re-tax the whole purchase. This is the point people most often misunderstand.
  3. Use the official calculator, not an estate agent's.HMRC publishes a calculator alongside the current rates. Use it once you have an agreed price, and again if the price changes, because a renegotiation changes the tax.
  4. Check first-time buyer relief.Relief exists in England and Northern Ireland for first-time buyers up to a price ceiling, and both the ceiling and the relief have changed repeatedly. Neither you nor anyone buying with you may ever have owned a property anywhere in the world. Check the current rules on GOV.UK.
  5. Check whether the higher rate applies.An additional rate applies where you will own more than one residential property at the end of the day of completion. It catches more people than expected — including buying with a partner who owns a flat, and buying before selling.
  6. Note the surcharge for non-UK residents.A further surcharge applies to buyers who are not UK resident under a specific statutory test that is not the same as the ordinary tax residence test. If it might apply, ask your conveyancer early.
  7. Budget for it as cash at completion.It is normally paid from the completion funds you send to your conveyancer, so it has to be in your deposit money. It generally cannot be added to a mortgage.
  8. Know the fourteen-day rule.The return must be filed and the tax paid within fourteen days of completion. Your conveyancer does both. Ask for confirmation that it has been done, because interest and penalties follow a late return.
  9. Check the special cases before assuming.Shared ownership has its own rules and a choice about paying in stages or up front. Mixed residential and commercial property is taxed on a different scale. Transfers on divorce or by gift have their own treatment. Each is a question for the conveyancer.
  10. Be sceptical of stamp duty reclaim approaches.Firms cold-calling recent buyers to offer a reclaim on the basis that a property was uninhabitable or was mixed use are a known problem. HMRC pursues incorrect claims and the buyer, not the firm, is liable. Ask your own conveyancer or an accountant first.

Tips

  • Run the official calculator the day your offer is accepted, and again if the price changes. It takes two minutes and it sets the budget.
  • Ask your conveyancer in writing which rate set they have applied and why. It is the cheapest error check in the whole transaction.
  • If you are buying before selling, diarise the refund deadline on the day you complete.

Common mistakes

  • Assuming one UK stamp duty — There are three land taxes with different rates, different reliefs and different deadlines. Wales in particular has no first-time buyer relief at all.
  • Leaving the tax out of the cash budget — It is payable at completion from your own funds and generally cannot be borrowed. Discovering it late can stop a purchase.

If it doesn't work

The tax is more than you budgeted

Cause: The higher rate applying, or a relief you do not qualify for — Fix: Ask your conveyancer to show the calculation, including which rate set they used and why. Errors happen in both directions and the calculation is worth reading before completion.

You think you overpaid

Cause: A relief missed, or the higher rate applied when a replacement main residence rule should have applied — Fix: Ask your conveyancer or an accountant to review it and, if there is a claim, make it through the proper route within the deadline. Do not use a cold-calling reclaim firm.

You are buying with someone who already owns a property

Cause: The higher rate is assessed across all the buyers — Fix: Raise it as soon as an offer is accepted. There may be a route depending on whether a main residence is being replaced, and it needs to be planned rather than discovered at completion.

Questions people ask

Do I pay it on a leasehold flat?

Yes. The purchase of a new or existing lease is chargeable, and for a new lease there can also be a separate charge based on the rent payable under it. Your conveyancer calculates both.

Do I pay it if I inherit a property?

An inheritance is not a purchase and no stamp duty arises. It can, however, mean you own an additional property for the higher-rate test on a later purchase.

What if I buy before I sell?

The higher rate generally applies at completion, with a refund available if you sell your previous main residence within the statutory period. There is a deadline for claiming the refund — check it and diarise it.

Where are the current rates?

GOV.UK's stamp duty pages for England and Northern Ireland, gov.wales for Land Transaction Tax, and Revenue Scotland for Land and Buildings Transaction Tax. Rates change at fiscal events, so use the source rather than any article.

Sources

  • GOV.UK — Stamp Duty Land Tax: overview, residential rates, reliefs and exemptions
  • GOV.UK — Stamp Duty Land Tax calculator and how to pay
  • Finance Act 2003 Part 4