17 Mar 2021

2% SDLT surcharge for non-residents

Residential SDLT is set to become more complex from 1 April 2021 with the planned introduction of the new 2% surcharge for non-UK resident purchasers of residential property in England and Northern Ireland.

The 2% surcharge will apply to most purchases of freehold and leasehold interests. It will apply across all residential rates of SDLT including the rates for first time buyers and purchasers of additional dwellings bringing the maximum rate to 17% in some cases.

The Statutory Residence Test will not apply for SDLT purposes, instead the proposed residence test for individuals is a UK day count; an individual will be treated as a non-UK resident if they have spent fewer than 183 days in the UK during the period of 12 months ending with the date of the transaction in question. However, an individual who subsequently spends at least 183 days in the UK during the 12-month period starting on the date of the transaction in question, will be eligible for a refund of the surcharge paid.

A company will be non-UK resident if they are not UK resident for Corporation Tax purposes at the date of purchase. Special rules will apply for close companies that are UK resident but are under the control of non-UK resident persons.

A Trust will be non-UK resident if any trustee is non-UK resident under the SDLT residence tests except for bare trust and life interest trusts.

This area of SDLT is complex and advice should be sought from our specialist SDLT team. Please get in touch if you have any questions.

Get in touch

Related insights

Three people in business attire are seated at a desk in an office, reviewing a document together. The person on the left is pointing at the document while the other two look on attentively.

Making tax digital for income tax: All you need to know

6 February 2026

Read

PKF Francis Clark and Wansbroughs to exhibit at Cereals 2026

4 February 2026

Read

Succession and exit planning guide for business owners

4 February 2026

Read

UK business offshoring: Key tax risks you need to know

30 January 2026

Read
Female small business owner, working in her shop

Changes to small company accounts filing delayed

30 January 2026

Read
Will Birchall, Darren Phillips and Sam Willis at PKF Francis Clark's Southampton office

Key appointments in Southampton strengthen our corporate finance team

27 January 2026

Read
Two men in suits discussing a business transaction.

Missed returns: Your guide to HMRC penalties

23 January 2026

Read
Three individuals in business attire are seated around a table, engaged in a discussion while looking at a laptop and holding documents with charts.

Audit reform bill has been dropped: What happens next?

21 January 2026

Read
Portrait of Andrew Killick, partner and head of corporate finance at PKF Francis Clark, smiling in a professional setting.

Our survey predicts renewed deals activity in 2026

21 January 2026

Read
Two businessmen shaking hands on a transaction

UK debt market 2025: a strategic window for growth

14 January 2026

Read
Two colleagues chatting whilst walking from a meeting room.

The Ministry of Justice’s interest seizure plan: A threat to law firm stability?

13 January 2026

Read
Three people in business attire are seated at a desk in an office, reviewing a document together. The person on the left is pointing at the document while the other two look on attentively.

Succession and exit planning – how MVLs offer a tax-efficient route

13 January 2026

Read