01548 854 878 enquiries@hassall.law

When buying any property other than as a first time buyer Stamp Duty will almost certainly apply. With changes that came into force in 2014 for higher end property, this tax became more expensive. Residential Stamp Duty focuses on the curtilage of the main property. Many of the properties in the higher brackets have non-residential land that falls outside of this definition meaning there is the possibility that the mixed-use Stamp Duty rates apply. In areas such as the Westcountry coastal towns some properties will likely have a commercial element such as a retail premises with a flat above and in this situation, you will again be able to use the mixed0-use rate of stamp duty. For instance, a property worth say £1,000,000.00 as a second home will pay Stamp Duty of £73,750.00 whereas a mixed-use property made up of a retail premises and flat would pay £39,500.00 a saving of £34,250.00. In addition to an extra income from having a shop to rent, the flat can be used for family holidays and rental. The commercial element could be sold immediately after purchase for no capital gains tax if you are just wanting a holiday bolt-hole. This would however mean if you sell in the future the mixed-use stamp duty rate would not apply for the future buyers.

Joshua Gardner or David Hassall at Hassall Law Limited are happy to assist if required: Joshua.gardner@hassall.law or David.hassall@hassall.law or Telephone (01548) 854878

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