Stamp Duty (Housing Market)

Dominic Raab Excerpts

Thursday 4th September 2014 Westminster Hall

[Mr Dominic Raab (Esher and Walton) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Betts, I think for the first time. I congratulate my hon. Friend the Member for St Albans (Mrs Main) on securing this important debate with her characteristic tenacity. I can only reinforce the compelling arguments she has made, which I am sure will be conveyed to the Chancellor through Treasury Ministers and Parliamentary Private Secretaries. I hope that that will result in further action on this important issue.

I start on the key point of principle of economics: a well functioning housing market should enable people to engage in mutually beneficial transactions and make efficient use of existing housing stock. We know that we have a problem with the supply of housing stock, which is all the more reason to make the best use of the stock we have. I pay tribute to the coalition for its efforts to increase the overall housing supply and, in particular, the supply of affordable housing.

What does that principle mean for the average person? A family in a small house should be able to move to a larger one, if they need to or if they have a growing family, or because of a promotion from working harder. Older couples should not be forgotten. They want to be free to downsize when and how they want, not least to free up cash for other needs. They might want to go travelling, if they are in good health. They might want or need to use the money for care, or they might want to realise some of the value from their assets and free up some money from them. We should not be creaming money off people with those real social needs. The key point is that stamp duty is a poorly designed tax that undercuts that type of social mobility in both directions.

Further to what my hon. Friend said, I have all sorts of horror stories from my constituency, where we feel the disproportionate burden of stamp duty. Some families in Elmbridge are on very high incomes, but overall, looking beyond the small minority who are doing incredibly well and are very affluent, the truth is—I see this day to day, week to week and month to month—that it is no land of milk and honey. The vast majority are hard-working people on low and middle incomes. We also have pockets of acute deprivation and, in particular, as I alluded to, elderly deprivation. For many residents, their home is a nest egg that has been built up after years of saving. They may be asset-rich in statistical terms, but they are income-poor. They might want to downsize or need to release the cash for income or the cost of care, and stamp duty has an utterly arbitrary impact on them.

As my hon. Friend said, many key workers in local public services simply find it unaffordable to live locally, and stamp duty exacerbates that problem. Above all, I want to take time to speak out as a voice for the many people in low and middle-income households. They are working hard and facing high cost of living pressures, of which affordable housing is a major factor. As of the second quarter of last year, the median house price in Elmbridge was £445,000. That does not buy a mansion. Typically, it fetches a nice, but relatively modest-sized, two-bedroom home. According to market data, a family in a small home looking to buy a larger one would face a bill of £13,000 on the average two-bedroom property and a bill of £23,000 on the average three-bedroom home.

[Mrs Main]

Is my hon. Friend as concerned as I am about families growing up in cramped environments? What space is there for children to study? There is a direct correlation between people living in cramped conditions and achievement in life. If we are not allowing people to move up, that could be part of the problem.

[Mr Raab]

My hon. Friend has made a typically astute point. The problem has a social impact as well as an economic one. Let us remember that stamp duty costs are on top of the tax on income, the money that families scrape together for a deposit, the legal fees, which are increasingly high, and the money for a survey. The cumulative bill in my constituency is staggering. To give a sense of the big picture, for 2012-13, residents in my constituency paid £56 million to the Exchequer in stamp duty on residential property. That is more than the total paid in the whole of the north-east of England. I am not trying to set off some sort of north-south divide, but at some point in the debate on the redistribution of wealth, there needs to be some recognition that it is not just the uber-wealthy and the super rich who are paying the burden; it is middle England, the middle classes and those on relatively low and middling incomes.

The amount of stamp duty paid in my constituency is equivalent to a third of the figure for the entirety of Scotland. Frankly, in constituencies such as mine, stamp duty feels like an assault by the taxman on hard-working, middle-income savers, who are precisely the people we should be incentivising, not walloping—I would have said “clobbering”, but my hon. Friend has used that word. Of course, Esher and Walton is just one example of the geographic unevenness of stamp duty. London accounted for 41% of residential stamp duty last year, with the south-east accounting for a further 22%. England as a whole accounts for 94% of UK stamp duty. The tax clearly has an arbitrary effect in different areas of Britain.

More broadly, the tax is not economically efficient. If we look at the raw economics—I know my hon. Friend the Member for Harlow (Robert Halfon) and the Minister care deeply about economic efficiency—we see that it is an inefficient tax. Stamp duty on residential property distorts the whole structure of the housing market. My hon. Friend the Member for St Albans has mentioned the slab structure, under which the relevant rates apply to the full sale price, not just the part above the relevant threshold. That creates huge cliff edges. A £1 increase in the price of a home, from just under £250,000 to just over, triggers an extra tax liability of £5,000. The cliff edges have been shown to harm both home owners and would-be buyers. After all, why would someone put an offer in for a property at £255,000, when for the extra £5,000 in bricks and mortar, they would pay more in stamp duty? They would not—no one does, and the data from all the estate agents bear that out.

Data on the distribution of transactions show that most buyers are simply unable or unwilling to meet asking prices just above the £250,000 threshold, because of the extra £5,000 penalty in stamp duty. As a result, the property experts London Central Portfolio, together with the Cass business school, has estimated that 13,800 home owners a year are being forced to reduce the asking price of their house to get under a stamp duty threshold. Other would-be sellers are either unable or unwilling to reduce their prices to below the nearest threshold. That causes bottlenecks in the market and a drought of available properties in certain price ranges in certain areas, until market prices rise far enough to justify the additional stamp duty, which takes a while. That deters buyers and sellers and reduces labour mobility, as my hon. Friend pointed out, because people are discouraged from moving to where suitable jobs are available, which damages the economy as a whole. It is little wonder, therefore, that the Institute for Fiscal Studies has described stamp duty as

“a strong contender for the UK’s worst designed tax”,

with a “perverse” and “absurd” structure. The director of the IFS argued earlier this year that in the modern era of broadly-based taxation, the case for maintaining stamp duty is “very weak indeed”.

However, it is not just the economic distortions and inefficiencies that we should care about. Frankly, Government Members have perhaps been a bit too defensive about coming out and saying squarely, as my hon. Friend has, that this is socially unfair and wrong. That is illustrated by the data from my constituency and the impact of the 1% rate, let alone the 3% rate. Take a family—a two-salary couple who both earn £15,000 a year—who are mortgaged to the hilt to buy a property. The usual limit, which is strictly enforced, is debt at four times joint salary. They have scraped together the money for a 10% deposit, and that way they can buy a property at £150,000. Why should they pay £1,500 extra in tax at that point? It is just a penalty. It might seem like a small percentage of the price of the property, but for families on tight margins, working hard, it is utterly punitive.

When the additional 3% and 4% rates were introduced in 2000, they were designed to target the wealthiest, and had the original threshold for the 3% rate risen in line with house price inflation, it would be levied only on properties worth £1.3 million or more today. In 2000, 391,000 homes were exempt from stamp duty. Today, that number has almost halved. That is the level, scope and scale of the fiscal drag we are discussing. The average UK house price in 2000 was around £110,000, which is well below the 3% threshold, but the average price today, according to the Office for National Statistics, is £265,000, which is well over the 3% rate, landing middle-income home buyers with a bill of some £8,000. If we are really in the business of supporting and encouraging savers, how on earth can we justify such a penalty? Sales in the 3% band covering homes worth between £250,000 and £500,000 increased from 8% as a proportion of total sales in 2003 to 19% in 2013. According to London Central Portfolio and the Cass business school, revenue from the 3% band has almost tripled since 2000, rising from £724 million to close to £2 billion this year.

Such a fiscal drag is not only a serious problem in its own right, but should also serve as the starkest of warnings to anyone in any party who is tempted by a mansion tax, as proposed by Labour and the Liberal Democrats. That is perhaps why no Labour Back Benchers are here to justify either the stealth tax implemented by the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), or their current proposals.

[Mrs Main]

I am pleased that my hon. Friend mentions the mansion tax, because there has been much rhetoric about it catching only the wealthiest. I completely agree with him that people felt that the 3% stamp duty threshold was not for them and only for the wealthiest, but in areas such as mine and his, it will soon become a mansion tax for the ordinary and not the wealthy.

[Mr Raab]

My hon. Friend is absolutely right. When the Liberal Democrats originally started discussing a mansion tax, it was to be levied on homes worth £1 million, and when everyone complained about fiscal drag, stamp duty and the like, it was increased to £2 million. What is most interesting is that if the Liberal Democrats use that extra money for the perfectly laudable objective of increasing the personal tax allowance still further, there is a black hole of something like £6 billion in their spending plans, so they would have to increase the net of their mansion tax. The lesson from stamp duty that the Labour party has offered us, which the Liberal Democrats ignore and which Conservatives must take on board, is that what starts out as a tax on the rich always ends up—I will use the word my hon. Friend used—clobbering the middle classes. That is the stark reality that we must guard against.

Stamp duty should be abolished for homes under £500,000 and the remaining thresholds should be indexed to house price inflation in primary legislation. It would be a dynamic tax cut that would probably—it can never be guaranteed—raise additional revenue. I set out in a report for the Centre for Policy Studies how we could fund the change up front by cutting back on the waste mentioned by my hon. Friend. Extra revenue could be raised while a major economic and social issue is dealt with.

Stamp duty has morphed into a vindictive stealth tax on aspirational Britain. It distorts the housing market. It warps labour mobility. It penalises savers. It wallops those on relatively low and middle incomes. The case for reform is overwhelming.

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[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the hon. Member for St Albans (Mrs Main) on securing this important debate. She was right that the matter of stamp duty has not been debated very much from a principled position; we have had a number of debates in proceedings on Finance Bills about technical changes that the Government have introduced to stamp duty, particularly on the annual tax on enveloped dwellings, but we have only rarely discussed the issue in the manner that we have today. Her securing of this debate has allowed some important issues to be raised.

The hon. Lady said that she hoped that we could move away from politics. I am not sure about that, as taxation and tax issues are perhaps politics in its purest form, but I accept her point about partisanship in our approach to this debate. People across the country, in constituencies of Conservative, Labour and Liberal Democrat Members alike, are all affected in various ways by stamp duty and the rising cost of housing. Her argument about the impact in London and the south-east on people on more modest incomes was particularly well made.

The hon. Member for Esher and Walton (Mr Raab) and other Members discussed the slab structure that is a particularly problematic feature of this tax. Many commentators have called for reform of that structure. He also raised our mansion tax policy, so I hope you will forgive me, Mr Betts, if I take a moment to clarify the details of our proposals.

I make no apology for our policy to levy a mansion tax on properties worth £2 million or more. Let me be clear: only properties worth over £2 million would be affected by our proposals and that limit would be raised each year, either in line with the overall rate of inflation or—and there is a strong case for this—in line with the rise in house prices, to make sure that more modest properties were not brought into the scope of the tax.

[Mr Raab]

I thank the hon. Lady for that clarification, although there are serious questions about the amount of revenue that a Labour Government would be able to raise. Will the indexation be linked to local house prices or overall house prices? Although the threshold for the tax would rise superficially, there would still be a real risk of the arbitrary geographical unevenness that hon. Members have talked about.

[Shabana Mahmood]

I am grateful to the hon. Gentleman for his intervention. I have received submissions from various experts on the matter and we are looking at it very closely. We are clear about our start position. We do not want more modest properties to be brought into the mansion tax regime, and we are looking carefully at the details of our ultimate policy to ensure that that does not happen. I have had conversations with people about the issue, but I cannot tell him today what we will ultimately be able to take forward.

[Shabana Mahmood]

I am grateful to the hon. Lady for her intervention. She is right. I have received representations about the slab structure, as, I am sure, has the Minister. It is one feature of stamp duty that causes particular consternation, as we have heard from all hon. Members who have spoken in the debate today. I cannot make a manifesto commitment today, but I will make it clear later in my speech that we are alive to the issues raised today and that we are looking at them carefully.

I was pleased that the right hon. Member for Wokingham (Mr Redwood) made a customary reference to the Laffer curve. I feel that these debates are not quite what they should be if there is not at least one reference to the Laffer curve. I was pleased that he was able to make that point.

I acknowledge the passionate views of hon. Members in this debate. There has been a vigorous campaign on the issue. I suspect that many hon. Members are less concerned about what I have to say about Labour policy and more concerned about what the Minister might do ahead of the autumn statement on 3 December. We saw a similar vigorous campaign ahead of the Budget earlier this year. In the lead up to that Budget, the expectation was that there might be a doubling of the threshold to £250,000 and the introduction of a stamp duty tax credit system, but the Government did not ultimately go down that path. I suspect we are seeing a similar build-up of lobbying for the Government to do something in the autumn statement.

[Mr Raab]

Does the hon. Lady agree with the comments by the deputy Labour leader that the middle classes should pay more tax, and is that something that will feed into Labour policies on the mansion tax and stamp duty?

[Shabana Mahmood]

I am grateful to the hon. Gentleman for his intervention. I think the point that the deputy leader was making was about progressive taxation and the argument that those who are wealthier should pay more. That is the thinking behind our mansion tax policy. His Government have presided over more people being brought into the 40p tax band, for example, and he could ask his Minister about that today.

Stamp duty is a matter of growing concern to the public and a significant burden on people wanting to buy a new home, particularly first-time buyers. I acknowledge the strength of feeling among hon. Members and throughout the country, but I am not in a position to make a spending commitment via this debate. Stamp duty brings in a large and growing amount of revenue, and any policy change in this area would have to be fully funded. Our start point as an incoming Labour Government in 2015 would be the current Government’s spending plans for 2015-16 and any change to that spending round would have to be fully funded. That has been the thinking behind the policies we have unveiled. They are all fully funded and primarily involve switching from one area of spend to another to deal with some of our child care priorities and other measures.

The difficult financial position that an incoming Labour Government in 2015 would inherit means that we would have to make some difficult choices. Given that, our focus has been wider reform of the housing market and how it might stimulate greater home ownership. In particular, the problem of housing supply has become acute in the past few years and is causing many problems, such as people having to rely on the bank of mum and dad and home ownership occurring much later in life. The hon. Member for St Albans made a point about that, and it is true.

We are seeing the biggest housing crisis in a generation and we are not building even half the homes we need to keep up with demand. The shortage of decent homes has much wider social and economic costs and we heard about some of those relating to inflexibility in the labour market, as well as the impact on people in overcrowded homes and the impact on children’s health and educational outcomes.

What can we do to build more homes? That must be the centre point of getting more sense and fairness into our housing market. We supported the Help to Buy scheme, but we would have preferred a scheme that focused more on first-time buyers. Our policy shows that the Government have simply not understood that boosting demand without boosting supply risks putting prices out of reach of the very families and young people we particularly want to help to get on the housing ladder. That is why we have committed ourselves to building 200,000 homes a year by 2020. That is probably not enough, and we should build many more than that, but it is an ambitious start point. We currently have a housing commission, led by Sir Michael Lyons, which is looking at a detailed road map, so that we may be able to deliver our vision.

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[Shabana Mahmood]

I disagree with the hon. Lady. I think that it is right to set targets and ambitions, and it is right that we look to such experts to help us to get to that position. We are looking partly at the expense of land and the housing market in different parts of the country. We will discuss those issues in greater detail as we get closer to producing our manifesto.

[Mr Raab]

I understand the shadow Minister’s caution, but she slated the coalition’s record even though if we compare the average number of affordable homes built each year, we see that it was some 31,000 under Labour and it jumped to 48,000 under the coalition. She slated that record, despite its being so much better than Labour’s, yet when asked a number of times what a Labour Government would do to spur the supply of housing, there is absolutely nothing that can be said within a year of an election. Does she understand that that totally undermines her criticism of the current Government’s supply-side record, but also any confidence that anyone could have that a Labour Government would make any difference in this area?

[Shabana Mahmood]

I make this point about the last Labour Government as well as the current Government. No Government have built anywhere near enough homes to ensure that supply keeps up with demand. That is why we are in this position with the housing market. I cannot pre-empt some of the proposals under discussion in the Lyons commission, but I am sure that we will return to the debate when we unveil what our road map towards the pledge of 200,000 homes a year looks like.

As I have said, given the very constrained financial circumstances and the difficult choices that have to be made, we have focused our energies on measures to increase supply. We did also put forward to the Government back in 2012—I am sure that the Minister remembers—a proposal for the Government to implement immediately. It was about using the sums raised by the sale of the 4G spectrum towards getting more homes built and towards a stamp duty holiday of two years for first-time buyers. That measure could have been taken forward by the Government. It might not have helped the constituency of the hon. Member for St Albans, but it would have helped first-time buyers looking at properties below the £250,000 threshold.

Changing the thresholds and providing holidays was something that we looked at and implemented towards the end of our term in office as we sought to stimulate the market post the financial crash. These are issues that we have considered, in the context of a stamp duty holiday for first-time buyers, in this Parliament. They are issues that we continue to receive representations on and continue to look at very closely. As I have said, I am not in a position to make any commitments today, but I suspect that the commitment that Government Members are looking for is from the Minister, who may or may not indulge them when he responds.

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[Mr Gauke]

The Treasury keeps all taxes under review. If we look at the subject historically, there have always been challenges associated with reforming SDLT, because to do so can result in disruption to the housing market.

I thank all hon. Members who have contributed to the debate, in particular my hon. Friend the Member for St Albans. We will continue to ensure that we take every step necessary to increase the supply of good quality, affordable homes. As hon. Members might expect, we will continue to keep all taxes under review. Any decisions on future changes will be taken as part of the annual Budget process and in the context of the public finances. Having the opportunity to debate these matters has been beneficial to the House.

[Mr Raab]

I thank the Minister for giving way and for what he has outlined. I hope the Treasury will keep stamp duty under review, not just because of the situation and the snapshot we have now, but because of the risks of further fiscal drag. The average median property price in London and in my constituency will soon go through the 4% rate. There is also the impact of interest rates on those with mortgages at very fine margins. As a Government and as a party, we ought to put more cash into people’s pockets and leverage them off a reliance on increasing amounts of debt. Stamp duty is constantly under review, but I ask the Treasury to think about what is coming forward as well as the situation as it currently stands.

[Mr Gauke]

I am grateful to my hon. Friend. As a Government we have a proud record of ensuring the economic stability of this country, of putting in place the conditions for growth, and of addressing the challenges we face. The generation now seeking to get on the housing ladder faces perhaps greater challenges than earlier generations faced. Essentially, it is very important we ensure we have the supply of new homes to address that, but we want to ensure we have in place the right tax and spending policies to enable people to achieve home ownership. That is a long-standing and proud tradition of our party, and one that we continue to hold as extremely valuable.

With those remarks, Mr Betts, I thank you and hon. Members for our debate this afternoon.

Question put and agreed to.