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Stamp Duty Rules

The stamp duty is something that many countries around the world honor. Individuals all over the world have been paying stamp duties for centuries, and yet there are still questions asked daily in regards to stamp duty. So what exactly is a stamp duty? When are stamp duties applied? Below are questions that have been asked of the Experts by individuals who want to know more or get clarification on stamp duty rules.

What is stamp duty?

Stamp duty is tax that is applied to documents. It has been included in the past on the greater part of legal documents; documents such as marriage licenses, receipts, checks, land transactions, and military commissions. In the past a revenue stamp had to be physically impressed upon or attached to a document to show that the stamp duty had indeed been paid, before the document was considered to be legally effective. Today the stamp duty does not take an actual stamp. Many other countries, such as the United Kingdom, impose stamp duties. In the United States it is the states that most commonly apply stamp duties.

In the United Kingdom is there any way to reduce the stamp duty?

In many cases, there is no way to decrease the amount of the stamp duty in the United Kingdom. The ways that are used to avoid the stamp duty result in 4% rather than the 3% for the stamp duty. So it would be easier to just pay the stamp duty, and cheaper, than to try to avoid the stamp duty.

If an individual in Scotland wants to buy property will they have to pay a stamp duty?

In most situations, if an individual in Scotland plans on buying property in Scotland they will most often have to pay a stamp duty. This will depend on the area of Scotland that they are purchasing property. If the property that the individual is looking at in Scotland is able to meet the certain criteria for energy efficiency or has use of energy sources that are free of carbon, they may be qualified for some exemptions.

In the United Kingdom is a stamp duty land tax always required on the transfer of property?

In the United Kingdom a stamp duty land transfer tax is not always required on every property transaction. There are those transactions in which the property that is being transferred lays within certain districts and thresholds that do not require that stamp duty land transfer tax be paid. If an individual purchases a property in one of these areas, then they will not have to pay a stamp duty land transfer tax.

If an individual wants to add a spouse to a title as a tenant in common, is a stamp duty tax required?

If an individual wants to a spouse to title as a tenant in common, no stamp duty tax is required to be paid. The reasoning behind this that the transfer of property between a husband and wife or civil partners are considered to be stamp duty tax exempt, as well as exempt from other taxes. The adding of a spouse as a tenant in common is just solidifying the spouse’s inherent rights of ownership upon the property to which their name is being added.

Stamp duty has been used for centuries by many countries all over the world. Years ago when the stamp duty was paid for a document to be considered legal a stamp to be physically attached or impressed upon the document. Stamp duty taxes are most often used on documents such as military commissions, land transfers, and marriage certificates. Any questions regarding stamp duty rules should and can be directed to the Experts.

Ask a Tax Professional

Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: General
Satisfied Customers: 572
Experience:  10 years experience
16356563
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