Session 1 – Chargeable Consideration
This residential SDLT training session provides a practical examination of chargeable consideration rules, transaction structuring and common risk areas encountered in complex UK residential property transactions. Session one covers the following:
- What constitutes money and money's worth?
- Debt assumption and mortgage takeovers
- Works, services, and building obligations
- Overages and contingent consideration
- Incentives for new build property
- Staircasing and the 80% rule
- Linked transactions
- Exercise – Identify elements of consideration from sample contracts
- Case Study – Purchase of a £1.5M property + mortgage assumption and required works. Purchase of a new build with common incentives
Session 2 – Classification, Residential, Non-Residential and Mixed-Use
During this session, we focus on property classification rules and the key considerations determining residential and non-residential SDLT factors and mixed-use treatment. Session two delves into:
- Definition of “dwelling”
- Delapidated and run-down property
- Garden and Grounds
- Curtilage vs non-curtilaged land
- Commercial/agricultural use (grazing, licenses, etc.)
- Mixed-use classification
- Exercise – Classification of five borderline property descriptions
- Case Study – House and arable land with grazing rights
Session 3 – Surcharges
This session examines SDLT surcharge rules and how they apply across different ownership and residency scenarios:
- Major interest test
- Replacement of the main resident rules
- Joint purchasers
- Residence
- Minor, historic and inherited interests
- Corporate non-residence
- Exercise – Application of surcharges to different purchasers
- Case Study – Joint family purchase of London property (different backgrounds and residences)
Session 4 – First-Time Buyers' Relief
Session 4 explores the qualifying conditions, ownership rules, and common pitfalls surrounding first-time buyers’ relief and includes:
- Eligibility criteria
- What constitutes previous ownership
- Joint Purchasers
- Common traps and misconceptions
- Exercise – Review purchaser profiles to identify which are likely to fail
- Case Study – FTB with Polish inheritance vs UK inheritance
Session 5 – Annexes and Subsidiary Dwellings
- Meaning of self-contained
- Internal vs external access
- HMRC’s pre-MDR “holding out” test
- How post-MDR principles affect Annexes and Subsidiary dwellings
- SDLT rates
- Exercise – Identify pain points in the post-MDR world, and evidence needed to support the decision
- Case Study – Review two property examples, Coach house with annexe and subsidiary building, and Old farmhouse with barn conversion.
Session 6 – Applied SDLT Scenario Analysis
This session examines how annexes and subsidiary dwellings are treated for residential SDLT purposes, including key classification tests, evidential challenges, and post-MDR considerations. Participants will:
- Combine factors discussed throughout the day
- Apply the test to real-world facts
- Develop evidence-based reasoning and supporting questions
- Exercise – Open discussion regarding various real-world examples
- Case Study – Property development company, with dilapidated property and linked transactions