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How is SDLT calculated on part disposal


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Morning all,

Quick query regarding SDLT. Scenario is as follows:

Commercial property was owned on a 90/10 by Mr A/ Mr B respectively split between two connected parties (brothers), they have recently build a residential flat on top of the offices and are looking to refinance. This will involve splitting the titles of the two properties, but the two parties have also decided that the ownership will be slightly different as follows:

Commercial property which has been valued at £200k will be owned on a 95/5 split rather than 90/10

Residential property which has been valued at £220k will be owned 100% by Mr A

In theory, Mr A is increasing his share in CP by 5% and the RP element by 10% and therefore I assume given the pro rate values, there would be no/minimal stamp duty due. However, am I missing something here??

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