Do Tenants in Common (TIC) Pay Stamp Duty?

Posted Aug 27, 2022

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Tenants in Common (TIC) is a real estate ownership structure that allows two or more people to own a property. The owners share ownership and responsibilities. The amount each owns and the responsibilities are worked out between the various owners. 

Stamp duty is a type of tax generally paid on the purchase of a property. Is there a special stamp tax exemption for TIC owners? In this article, we’ll dig into what stamp duty is and if it applies to TIC.

What Is Stamp Duty?

Stamp duty (also called a transfer tax) is a real estate tax charged by different countries. It is up to each country if they are going to charge stamp duty. Properties purchased in the United States do not incur stamp duty. However, a U.S. citizen may have to pay stamp duty when buying property in another country.

Stamp duty doesn't apply just to foreign residents. Australian residents must pay stamp duty when purchasing real estate. The stamp tax isn’t uniform as each state and territory can vary.

The United States does not charge a stamp duty tax. However, many fees and taxes are involved when purchasing a property in the U.S. These include state taxes and closing costs.

The stamp duty amount is based on the property purchase price. A higher property purchase price means a higher stamp duty. Some countries may scale stamp duty costs. For example, below a threshold, there may not be stamp duty. Then as the property price increases through various thresholds, the stamp duty percentage also increases.

While a stamp duty tax can be costly, some countries have extremely low real estate taxes. For example, St. Kitts is 6-10% on the transfer of real property but only 2% on the transfer of shares, which is far less than property taxes in many U.S. states.

On the other hand, some countries have very high stamp duty taxes. Singapore just raised its stamp duty to 35%.

Tenants in Common and Stamp Duty

Where does that leave TIC when it comes to paying stamp duty? This article is oriented toward purchasing property in the United States. TIC does exist in other countries such as the U.K. As mentioned earlier, there is no stamp duty in the U.S. 

If a TIC purchases property in the U.S., they will not have to pay stamp duty. This includes any TIC members who may be a foreigner (i.e., non-resident alien). Purchasing property in a foreign country can be complex, which is why it’s best to work with a real estate attorney. 

This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. All real estate investments have the potential to lose value during the life of the investment. All financed real estate investments have the potential for foreclosure. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation.

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