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Assignment at a loss

13 May 2009
Issue: 4205 / Categories: Forum & Feedback , Capital Gains , Land & property
A client agreed to purchase a property, but was unable to complete due to a lack of funds. The agreement for lease has been assigned to a new purchaser who will pay a lower amount to the vendor, with the client paying the balance of the original purchase price

Our client A agreed to purchase a flat off-plan for £450 000 and entered into an agreement for lease.

Unfortunately having been made redundant A was unable to complete the purchase but found a cash purchaser B who is prepared to take an assignment of the agreement for lease for no consideration and will complete the purchase.

However B will pay only £270 000. The original buyer A will have to pay the balance of £180 000 to the developer.

Can readers advise as to who has to pay stamp duty land tax and on what amount? A call to the Stamp Office helpline brought the answer that A would pay on £180 000 and B on £270 000 but I must admit to having little confidence in this.

As a second point does A have a claim to a...

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