I jointly own a property in Brighton with my son and daughter that we bought back in 2011, where my son currently lives. I am looking to remortgage the flat to release equity so I can buy my son’s and daughter's share (about 30% combined) from them. I know the kids will have to pay capital gains tax (CGT) as the value has appreciated but will I have to pay stamp duty land tax (SDLT) when buying them out? 

Arthur Weller replies:  

You write ‘so I can buy my son and daughter's share’, so I assume you are actually paying your son and daughter. If so, if the payment is more than £125,000, then there will be SDLT for you, and if it is more than £40,000, the 3% SDLT surcharge will apply. See HMRC’s Stamp Duty Land Tax manual at Examples 6 and 7.