SDLT on transfer to spouse

Hello, I understand that a spouse may be liable for SDLT on the chargeable consideration which includes any mortgage they take on, or any payment they make for the equity on transfer. I have over 50% in equity on the property. If I transfer 50% of the ownership to my spouse and this is given as a gift, and she does not take on any liability for the mortgage, is any SDLT due? I believe the answer should be no? am i correct? If she does become liable for the mortgage, as long as its under £250k she also shouldnt be liable for tax - or have I got this wrong? thank you for your help!

Hi
Please refer to Stamp Duty Land Tax or contact the Stamp duty and land tax helpline on 0300 200 3510.

Hi Joseph Did you get an answer for your above question? Can you please let me know as well? I have exactly same question as you had. Thanks

Hello, My husband and I own a rental property as tenants in common (50/50 shares). As I am presently not working and he is a higher rate tax payer, we would like to change the ownership to 90/10 in my favour. My husband would like to gift me 40% (for no consideration). The property is worth about £500k with a £400k mortgage, (for which we are jointly and severally liable). Would I need to pay SDLT on the 40% I am getting, considering that no money is changing hands and that I am already responsible for the entire mortgage anyway? If the answer is YES, then who decides the value of the shares and when is the SDLT to be paid?

Hi,
Please contact the Stamp Duty Land Tax team for advice.
Stamp Duty Land Tax
Thank you.