Private Property
Buying /Selling Information Sheets

The Estate Agent
Property Law
Types of Property
The Steps of a Transaction
Buying
Selling
Fees and Other Expenses
How Charles Russell Can Help
Sales Instruction Questionnaire

   
   
 
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FEES AND OTHER EXPENSES

Whether buying or selling you will have legal fees to pay. These will reflect the time and work involved and also take into account the value of the property and other factors. Please ask us for an estimate at the outset of our likely charges, the VAT payable and any disbursements. Other fees and expenses you are likely to incur are:

SELLER

Estate Agent¹s Commission

This is usually between 2% and 3% of the purchase price (plus VAT) though the rate should be agreed with your estate agent when you first appoint him. Consider at the outset whether to appoint on a sole agency basis or subject to other terms. Commission will be lower for a sole agent, but may be payable even though you find a buyer yourself. We can advise you on this.

BUYER

Land Registry Fees

These are charged on a fixed scale.

Surveyor's Fees

The fees for a structural survey will be by arrangement with your surveyor.

Mortgage Loan Fees

Valuation and commitment fees for arranging the mortgage will be charged by your building society or bankers.


TAXATION

The taxes that are likely to apply in such transactions are:

Stamp Duty

This is payable by a buyer on property purchases of over £60,000 at the following rates:


• 1% if the purchase price is between £60,001 and £250,000;

• 3% if the purchase price is between £250,001 and £500,000;

• 4% if the purchase price is in excess of £500,000.

Stamp Duty is also chargeable on the rental element of a new Lease and on an exchange of property.

Inheritance Tax

Inheritance tax is payable on the value of a person's assets when he dies and on some lifetime gifts. If he is not domiciled in the UK, the tax is only due in respect of his UK assets and careful planning can reduce the tax to nil.

Capital Gains Tax

In principle, this is chargeable where a seller makes a chargeable gain on a disposal of property. However, gains made on the disposal of a principal private residence are exempt. Where someone has two or more residences, he can elect which is to be treated as his main residence. When someone has non-UK connections he may be able to organise his affairs so any gain on sale is exempt.

Income Tax

Income tax is payable on rent from property (subject to allowable expenditure which can reduce the tax to nil) and on profits from property dealing.

An occupier of property owned by a company may be charged to income tax unless a full rent is paid. We can advise on this risk.

VAT

This is not usually applicable for residential properties with certain limited exceptions.