Readers' forum : SDLT on transfer

My husband has an interest-free mortgage on a leasehold flat that he has rented out for the past 11 years. Before that he lived in it for two years. Because he is a 45% taxpayer while I pay the basic rate he has decided to transfer a 10% share to me. I already own a buy-to-let property and we jointly own our own home.

The reason for transferring only 10% is so he can keep the capital gains tax reliefs available to him when the flat is sold. I would not be entitled to these because I never lived in the property but we can still benefit from the 50:50 rule for income tax.

The mortgage on the flat is £175 000. My understanding is that the chargeable consideration for stamp duty is calculated as 10% of the £175 000 mortgage. This is below the £40 000 limit for...