If I swap properties with my daughter will we have to pay stamp duty?

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Q I own a house outright. The property is a second home and not my main residence. My daughter and son-in-law have a mortgage on their flat. We want to swap properties as I no longer need the house. No money will change hands as the properties are of similar values. Do we have to pay stamp duty? Does my daughter have to have a different mortgage or can she transfer the one she has?

A Yes, your daughter and son-in-law will have to raise a mortgage on your house in order to repay the mortgage on their flat when they move out. They may be able to move their current deal, but only if the lender is happy to secure the mortgage on their new home.

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Although no money will change hands, there will be a stamp duty land tax (SDLT) bill for you and them. They will pay the standard rate of SDLT on the value of your house minus the SDLT nil-rate band of £125,000. You, on the other hand, will pay the higher rate of SDLT (which is the standard rate plus three) on the entire value of their flat because it is not your main residence.

You may also face a capital gains tax (CGT) bill if the gain made on disposing of the property exceeds your annual CGT nil-rate band of £12,300 in the 2022-23 tax year. The rate of CGT you will pay will be 18% if you are a basic-rate taxpayer and 28% if you pay tax at the higher rate.

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