Second homes & buy-to-let properties: Stamp Duty rules (2024)

Second homes & buy-to-let properties: Stamp Duty rules (1)

If you’re planning on buying a second home or buying to let in England or Northern Ireland, you’ll likely have to payStamp Duty Land Tax (SDLT). Find out what counts as a second property and buy-to-let, what the Stamp Duty rules are for both following the Stamp Duty holiday announcement, and whether some types of homes are exempted from this tax.

What is considered a second home?

Generally speaking, if you already own a home, your new purchase is labelled a second home. This is true whether you’re making your second home your primary residence or if you’re buying a second house and renting out the first.

What is buy-to-let?

Buy-to-letis when you’re purchasing a property to rent it out to one or more tenants. It can be a source of income for you.

What are the rules for Stamp Duty land tax on second houses and buy-to-let properties?

The Stamp Duty rates for second homes and buy-to-let properties vary, depending on price band. These are the rates until 31 March 2021.

Minimum price of property being purchased Maximum price of property being purchased Stamp - Duty rate – applies to the value falling within each band
£0 £500,000 3%
£500,001 £925,000 8%
£925,001 £1.5 million 13%
Over £1.5 million 15%

For example, if you’re buying a freehold property at £600,000, the Stamp Duty you’ll have to pay is:

  • 3% on the first £500,000 = £15,000
  • 8% on the remaining £100,000 = £8000
  • Total Stamp Duty tax if the sale is completed by 31 March 2021 = £23,000

You can also calculate how much Stamp Duty you’ll have to pay on any property purchase using HMRC’sStamp Duty Land Tax calculator. It’s important to check before you agree on a purchase.

Stamp Duty: Are there any Stamp Duty exemptions for second homes?

Some second properties are exempt from Stamp Duty in some cases. These include the following:

  • Freehold properties bought for less than £40,000
  • Caravans, mobile homes or houseboats
  • If you’re planning on living in your new home but don’t sell your first immediately – in this case, you may be able to claim a refund if you sell your previous home in under 36 months.

Bear in mind that the rules are different depending on your situation. There are different rates of Stamp Duty for first-time buyers.

If you’re planning on buying an additional property – whether it’s a second home or if you’re buying to let – you may want to check yourEquifax Credit Report & Scorebeforehand. It’s free for the first 30 days, then £10.95 monthly. The report shows you your credit history, while the score gives you an indication of how creditworthy a lender may find you.

This article was written on 22 September 2020; all information was correct at the time of writing.

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Second homes & buy-to-let properties: Stamp Duty rules (2024)

FAQs

What are the disadvantages of owning a second home in the UK? ›

Some of the disadvantages of owning a second home in the UK include the initial costs of purchasing the property, potentially higher mortgage rates, ongoing maintenance and upkeep expenses, stamp duty charges, fluctuation in rental income, and the fact that the property may not always be in use.

Can a second home be considered a primary residence UK? ›

More than one property

To be considered as a main residence for tax purposes, the property must be a dwelling house, or an interest in a dwelling house which is, or which at some point during the period of ownership been, the individual's only or main residence.

What is the definition of a second home in the UK? ›

The property that you consider your main home is known as your primary residence (or your 'Principal Private Residence' in taxman-speak). Any additional property you own (including buy-to-let property) is known as a secondary residence. When you buy any property, you have to pay stamp duty land tax on the purchase.

How do I avoid capital gains tax on a second home UK? ›

Another option you have to reduce the capital gains tax on second homes is by declaring your second home as your primary residence. The UK allows you to decide which property is your main home, and you can change that within two years of owning the second residence.

What is the difference between a second home and an investment property? ›

A second home is a one-unit property that you intend to live in for at least part of the year or visit on a regular basis. Investment properties are typically purchased for generating rental income and are occupied by tenants for the majority of the year.

Are there tax implications for buying a second home? ›

For a second home that you have not lived in as a primary residence, that exclusion doesn't apply, Ashjian notes, so if the value of the second home has appreciated, you'll owe capital gains tax on the difference between the purchase price and the sale price when you go to sell it.

How long do I have to live in my rental property to avoid capital gains UK? ›

No Capital Gain Tax is applicable on your residential property if you live there as your primary and only residence. It is known as the Private Residence Relief (PRR). The last nine months of your ownership period if you don't live there anymore.

What is the 36 month rule? ›

The 36-month rule refers to the exemption period before the sale of the property. Previously this was 36 months, but this has been amended, and for most property sales, it is now considerably less. Tax is paid on the 'chargeable gain' on your property sale.

Can my wife and I have two primary residences? ›

The FHA will not approve a new loan for a second home or investment property. The FHA loan program exists to finance primary residences. Since these loans work only as primary residence mortgages — and since homeowners can have only one primary residence — borrowers can't have more than one FHA loan at a time.

What is the tax on a second home in England? ›

If you're buying a second residence or a buy-to-let in England or Northern Ireland: You'll pay a 3% Stamp Duty surcharge on top of the standard Stamp Duty rate.

Do you pay more council tax on second home in England? ›

You will have to pay the usual Council Tax for the property which is your main home. This will normally be either 100% or 75%, depending on how many people live there. In addition you may also have to pay the full amount of Council Tax for the second home or property.

Can I own 2 houses UK? ›

There's no law restricting the number of properties you can acquire. This practice is common in the UK. According to the English Housing Survey, an estimated 495,000 households have second homes. Owning a second home can be a great way to invest your money and earn extra rental income.

How to avoid capital gains tax on second homes UK 2023? ›

For the 2023-24 tax year, you can make tax-free capital gains of up to £6,000. So, if the property hasn't made more profit than that, you won't owe HMRC any CGT. It's worth noting, that couples who jointly own assets can combine this allowance, meaning there could be a gain of £12,000.

How to avoid capital gains tax on the sale of a second home? ›

How do I avoid capital gains tax on a second home? There are various ways to avoid capital gains taxes on a second home, including renting it out, performing a 1031 exchange, using it as your primary residence, and depreciating your property.

Can you buy multiple properties to avoid capital gains tax? ›

The second tax break is called a Section 1031 (also called a like-kind exchange), which allows taxpayers to defer paying capital gains tax on an investment property sale by using the proceeds to buy another similar property.

What is the downside of a second home? ›

A second home is likely to come with higher interest rates than a primary home because it's a riskier investment. If the homeowner runs into financial challenges, he or she is more likely to let the second home go into foreclosure than their primary residence.

What are the disadvantages of owning a second home? ›

Cons
  • Additional expense. There may be additional expenses involved in getting from one property to the other. ...
  • Lack of Variety for vacations. If you like variety in your travel, owning a second home can limit your travel opportunities. ...
  • Limits on VRBO: Some popular vacation areas limit vacation rentals by owner.

What is the 2 rule for investment property? ›

The 2% rule is the same as the 1% rule – it just uses a different number. The 2% rule states that the monthly rent for an investment property should be equal to or no less than 2% of the purchase price. Here's an example of the 2% rule for a home with the purchase price of $150,000: $150,000 x 0.02 = $3,000.

What is the IRS rule for second home? ›

For the IRS to consider a second home a personal residence for the tax year, you need to use the home for more than 14 days or 10% of the days that you rent it out, whichever is greater. So if you rented the house for 40 weeks (280 days), you would need to use the home for more than 28 days.

Can you have two primary residences for tax purposes? ›

No, you cannot legally have two primary residences. Even if you split your time equally between two places or in between places while relocating for work, the IRS requires you list one property as a primary residence while filing taxes.

What is the tax burden on the sale of a second home? ›

If you've owned your second home for more than a year, you'll typically pay a long-term capital gains tax between 0% and 20%, depending on your earnings. According to the IRS, property owners will pay a 15% tax unless they exceed the higher income level.

What is the 2 5 rule for capital gains? ›

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

How do I avoid long-term capital gains on a rental property? ›

4 ways to avoid capital gains tax on a rental property
  1. Purchase properties using your retirement account. ...
  2. Convert the property to a primary residence. ...
  3. Use tax harvesting. ...
  4. Use a 1031 tax deferred exchange.
Jan 20, 2023

How long do I have to buy another house to avoid capital gains? ›

How Long Do I Have to Buy Another House to Avoid Capital Gains? You might be able to defer capital gains by buying another home. As long as you sell your first investment property and apply your profits to the purchase of a new investment property within 180 days, you can defer taxes.

What is the 3 year rule for capital gains tax? ›

Relevant Holding Period for Sale of a Carried Interest.

If a partner sells its “carried interest” in a partnership, the gain will generally be long-term capital gain only if the partner has held the “carried interest” for more than three years, regardless of how long the partnership has held its assets.

What is capital gains tax on 200000? ›

= $
Single TaxpayerMarried Filing JointlyCapital Gain Tax Rate
$0 – $44,625$0 – $89,2500%
$44,626 – $200,000$89,251 – $250,00015%
$200,001 – $492,300$250,001 – $553,85015%
$492,301+$553,851+20%
Jan 11, 2023

How to avoid capital gains tax on buy to let property UK? ›

Ways to reduce your CGT bill on buy-to-let property
  1. Make the most of your tax-free allowance. ...
  2. Consider joint ownership with a spouse. ...
  3. Deduct your costs. ...
  4. Set up a limited company. ...
  5. Check whether you're entitled to private residence relief or letting relief.

How do I convert my primary residence to a rental property? ›

How to convert your primary residence to a rental property
  1. Check with your lender to see if you can use your mortgage for a rental property. ...
  2. Add landlord liability insurance. ...
  3. Apply for licenses and permits. ...
  4. Prep the property. ...
  5. Get property management software.
Feb 19, 2023

How to buy a second home without selling the first? ›

  1. Using home equity on your home or the new house for the down payment.
  2. Taking a loan from your 401(k)
  3. Doing a cash-out refinance.
  4. Getting a gift to buy a new home while selling yours.
  5. Putting down less than 20%
  6. Using a sale-leaseback contingency.

How does IRS determine primary residence? ›

If you own and live in just one home, then that property is your main home. If you own or live in more than one home, then you must apply a "facts and circ*mstances" test to determine which property is your main home. While the most important factor is where you spend the most time, other factors are relevant as well.

How much tax do you pay on flipping a house UK? ›

When an individual aims to flip the house and then put it on for rental purposes, the current rate of the capital gains tax is 20% in this case. In the case of an individual who is a higher-rate taxpayer, the increased rate of 40% will is paid for the CGT.

What taxes do you pay when you own a house in UK? ›

You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England and Northern Ireland. The tax is different if your property or land is in Scotland or Wales. For self-builders, stamp duty is payable on land but not on build costs.

What is the capital gains tax in the UK? ›

28% on your gains from residential property. 20% on your gains from other chargeable assets.

Do you pay Stamp Duty on second home UK? ›

If you're buying an additional property, such as a second home you'll have to pay an extra 3% in Stamp Duty on top of the standard rates. This increased rate applies to properties bought for £40,000 or more. It doesn't apply to caravans, mobile homes or houseboats.

What is the second home ownership rate in the UK? ›

A slightly higher percentage of usual residents in England used a second address (5.4%) than in Wales (5.2%). Among the English regions, London (6.0%) and the South West (5.9%) had the highest percentage of usual residents who used a second address, while the West Midlands (4.5%) had the lowest.

Who is exempt from paying council tax UK? ›

People who are disregarded include:

full-time students, student nurses, apprentices and youth training trainees. people caring for someone with a disability, who is not a partner, or child under 18. patients living in hospitals, care homes, certain hostels or night shelters. people who have a severe mental impairment.

What are the advantages of owning a second home? ›

You have the option of roommates to help cover the mortgage and you will have somewhere to stay when you visit. After graduation, the home could become a rental or Airbnb, or the first home for your kids to rent from you! Another perk of owning more than one home is taking advantage of a warmer or cooler climate!

Is there a limit to how many houses you can own in the UK? ›

No, you can own as many buy to let properties as you like (or can afford); it's the number of buy to let mortgages that causes a problem.

Can a married couple own 2 primary residences UK? ›

A married couple (or a civil partnership) are only allowed one “only or main residence” (OMR) between them. It is common knowledge that your OMR is exempt from capital gains tax, so in a case where a couple have more than one property, the choice of which is to be the OMR is a very important one.

What are the disadvantages of owning two homes in the UK? ›

Some of the disadvantages of owning a second home in the UK include the initial costs of purchasing the property, potentially higher mortgage rates, ongoing maintenance and upkeep expenses, stamp duty charges, fluctuation in rental income, and the fact that the property may not always be in use.

What is the capital gains tax limit for 2023? ›

Long-term capital gains tax rates for the 2023 tax year

In 2023, individual filers won't pay any capital gains tax if their total taxable income is $44,625 or less. The rate jumps to 15 percent on capital gains, if their income is $44,626 to $492,300. Above that income level the rate climbs to 20 percent.

What happens if you don't report capital gains UK? ›

Not declaring or paying what you owe is an offence that could land you with a fine, possibly leaving you to pay even more than you originally owed in interest. However, there are a number of reliefs and conditions which, if you receive the right financial advice, may mean the amount of CGT you pay is lower.

What is the one time capital gains exemption? ›

Key Takeaways. You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

What are the exceptions to the 2 out of 5 year rule? ›

Exceptions to the 2-Out-of-5-Year Rule

For starters, the time you spend out of the house on vacation or short-term leave does not get excluded from your 24-month total. And the IRS has special suspension rules for those on duty in the Uniformed Services, the Foreign Service, or the intelligence community.

What expenses are deductible when selling a second home? ›

Types of Selling Expenses That Can Be Deducted From Your Home Sale Profit
  • advertising.
  • appraisal fees.
  • attorney fees.
  • closing fees.
  • document preparation fees.
  • escrow fees.
  • mortgage satisfaction fees.
  • notary fees.

What is the 2 out of 5 rule? ›

The 2-out-of-five-year rule states that you must have both owned and lived in your home for a minimum of two out of the last five years before the date of sale. However, these two years don't have to be consecutive, and you don't have to live there on the date of the sale.

Can my parents sell me their house for $1? ›

Giving someone a house as a gift — or selling it to them for $1 — is legally equivalent to selling it to them at fair market value. The home is now the property of the giftee and they may do with it as they wish.

What is the best way to avoid capital gains tax on real estate? ›

How do I avoid the capital gains tax on real estate? If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

Do you pay more tax on a second home UK? ›

If you're buying a second residence or a buy-to-let in England or Northern Ireland: You'll pay a 3% Stamp Duty surcharge on top of the standard Stamp Duty rate.

Do I pay tax on a second home UK? ›

You will have to pay tax on most second homes, regardless of what it is used for or how you came to own it. As long as it is not your main residence, it will most likely qualify for second home tax – this includes; Buy-to-let properties.

How much is stamp duty on a second home in England? ›

Higher rates for additional properties

You'll usually have to pay 3% on top of SDLT rates if buying a new residential property means you'll own more than one. Use the SDLT calculator or check the higher rates to work out how much tax you'll pay.

What is the capital gains tax on second homes in England? ›

An 8% surcharge applies to the sale of chargeable residential property (apart from a principal private residence). Therefore, if you make a taxable gain on disposing residential property that is not your home are subject to CGT and a rate of 28% will normally apply.

How much council tax do you pay on a second home in England? ›

You will have to pay the usual Council Tax for the property which is your main home. This will normally be either 100% or 75%, depending on how many people live there. In addition you may also have to pay the full amount of Council Tax for the second home or property.

Why is buying a second home risky? ›

Generally speaking, interest rates on second homes tend to be higher than those on principal residences, as they pose more risk for lenders. Fannie Mae even requires a rate adjustment for second home borrowers to account for this extra risk.

How can I avoid paying high taxes on my second home? ›

If you rent out your second house for 14 days or fewer throughout the entire year, the Internal Revenue Service lets you keep the income free of any tax.

What state is best to buy a second home? ›

Best States to Invest in a Second Home
  • North Carolina. There are many reasons to turn to North Carolina for your second home. ...
  • Florida. If you're setting your sights on Florida, there are plenty of cities where a second home would provide the tropical atmosphere and beachcomber attitude you seek. ...
  • Vermont. ...
  • Montana. ...
  • California.
Sep 17, 2021

Is it wise to buy a second home in retirement? ›

Owning Two Homes in Retirement Can be Great with Proper Planning. Second homes can create important sources of income and provide flexibility and excitement for your retirement. If you are a retiree, a second home could be used for investment purposes.

What percentage of Americans have a 2nd home? ›

How many homes are there in the United States? There are more than 110 million residences in the United States, including both households and vacant homes, which means that 2.39% of all residences in the United States are used solely as second homes.

Is it smart to buy two houses? ›

For the right individual, two homes may be a great plan. But for the wrong homeowner, plenty can go awry. If you're thinking of getting a second mortgage for practical or profitable reasons, you want to think this through. There are a lot of considerations when it comes to investing in a second home.

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