The Budget 2005
A number of important property-related changes were announced in the Budget on 16 March 2005.

  • Threshold for residential property increased

    The Stamp Duty Land Tax (SDLT) threshold for residential transactions was increased to £120,000 (from £60,000). This change will apply to all residential transactions which complete (or have an effective date) on or after Thursday 17 March 2005
     
  • Commercial Disadvantaged Areas Relief abolished

    Disadvantaged areas relief will not be available for non-residential land transactions (which includes the transfer of freehold and the grant, assignment or assignation of a lease) where completion (or effective date) is on or after Thursday 17 March 2005).
     
    There is, however, transitional relief where contracts are entered into on or before 16 March 2005 as these will still be eligible to claim relief, provided that there is no variation or assignment of the contract or sub-sale of the property and that the transaction is not the exercise of an option or right of pre-emption.
     
    The rules relating to disadvantaged areas relief for residential property are unaffected.
     
  • Disclosure Rules
     
    The disclosure of tax schemes regime has been extended to cover schemes and arrangements intended to avoid SDLT on commercial property transactions on or after 1 July 2005 where a main benefit is an SDLT advantage and where the property is not residential and has a value of at least £5 million.
     
  • Anti-avoidance
     
    A number of anti-avoidance measures have been announced in relation to SDLT covering for example arrangements that utilise group relief. The full list of measures is set out in Budget Note PN 36 and will apply to transactions with an effective date of Thursday 17 March or later. Click here to read Budget Note PN 36.

This edition of “the law made plain” is written to provide you with general information. It is recommended that you seek specific professional advice before taking any action.

© Copyright plainlaw 2005

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