My wife and I own a buy-to-let property in Northampton 50:50 with a current mortgage of £120,000. I wish to formally transfer my 50% share of the property to my wife in order to utilise her income tax personal allowance. As there will be a £60,000 transfer of debt, will 5% stamp duty land tax (SDLT) be payable on the £60,000 (i.e., £3,000)?
Arthur Weller replies:
Transfers solely between spouses do not incur the higher additional 5% SDLT rates. This is confirmed in HMRC’s Stamp Duty Land Tax Manual at SDLTM09810 (Example 8), and at SDLTM09820.