Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • tmc182
    • By tmc182 16th Jun 17, 4:05 PM
    • 5Posts
    • 0Thanks
    tmc182
    Stamp Duty new purchase after marriage
    • #1
    • 16th Jun 17, 4:05 PM
    Stamp Duty new purchase after marriage 16th Jun 17 at 4:05 PM
    Hello
    Sorry if this has been asked before, I can't find anything matching this scenario exactly so wondering if someone will be able to help please.

    I own a property that i let out. I live with my partner in his property. We are recently married and planning on moving to a new home that we want to buy together.
    We are not sure if the higher rate stamp duty applies?
    Theoretically I'm adding a second home. But, my partner (well both of us) are just replacing our main residence. So it's not very clear cut, and we have been told different things by different people, even HMRC won't tell us an answer!
    Thank you in advance for any help you can give.
Page 1
    • xylophone
    • By xylophone 16th Jun 17, 4:22 PM
    • 22,855 Posts
    • 13,207 Thanks
    xylophone
    • #2
    • 16th Jun 17, 4:22 PM
    • #2
    • 16th Jun 17, 4:22 PM
    You are selling your flat and your husband is selling the home he (and you) currently occupy prior to buying the new home? Or you are planning to keep at least one property in addition to your new main home?


    http://www.knightfrank.co.uk/buy-to-let-stamp-duty-calculator

    http://www.thisismoney.co.uk/property/article-4588916/Can-avoid-buy-let-stamp-duty-wife-buys.html
    • tmc182
    • By tmc182 16th Jun 17, 4:24 PM
    • 5 Posts
    • 0 Thanks
    tmc182
    • #3
    • 16th Jun 17, 4:24 PM
    • #3
    • 16th Jun 17, 4:24 PM
    I will be keeping the rental that is solely in my name. My husbands house that we live in is being sold, and we plan to buy the new house together.
    • AdrianC
    • By AdrianC 16th Jun 17, 4:24 PM
    • 15,044 Posts
    • 13,367 Thanks
    AdrianC
    • #4
    • 16th Jun 17, 4:24 PM
    • #4
    • 16th Jun 17, 4:24 PM
    Is your husband's place owned, and will be being sold?

    If so, then the primary residence exception applies. Married couples are viewed as one individual - so you currently own two properties, and will be replacing your residence.

    If it's rented, then you pay the 3%. You own one property now, you will own two.
    • tmc182
    • By tmc182 16th Jun 17, 4:25 PM
    • 5 Posts
    • 0 Thanks
    tmc182
    • #5
    • 16th Jun 17, 4:25 PM
    • #5
    • 16th Jun 17, 4:25 PM
    [QUOTE=xylophone;72707640]You are selling your flat and your husband is selling the home he (and you) currently occupy prior to buying the new home? Or you are planning to keep at least one property in addition to your new main home?





    I will be keeping the rental that is solely in my name. My husbands house that we live in is being sold, and we plan to buy the new house together.
    • tmc182
    • By tmc182 16th Jun 17, 4:28 PM
    • 5 Posts
    • 0 Thanks
    tmc182
    • #6
    • 16th Jun 17, 4:28 PM
    • #6
    • 16th Jun 17, 4:28 PM
    Is your husband's place owned, and will be being sold?

    If so, then the primary residence exception applies. Married couples are viewed as one individual - so you currently own two properties, and will be replacing your residence.

    If it's rented, then you pay the 3%. You own one property now, you will own two.
    Originally posted by AdrianC
    Yes my husband owns the house we live in. So we won't pay the stamp duty as we are replacing our main residence. Thank you for your help.
    • 00ec25
    • By 00ec25 16th Jun 17, 4:43 PM
    • 4,756 Posts
    • 4,122 Thanks
    00ec25
    • #7
    • 16th Jun 17, 4:43 PM
    • #7
    • 16th Jun 17, 4:43 PM
    why do people never read the guide?
    as for HMRC not answering I'm amazed since they write the guide

    https://www.gov.uk/government/publications/stamp-duty-land-tax-higher-rates-for-purchases-of-additional-residential-properties

    as a married couple you are one "unit" which currently has:
    - 1 main residence; and
    - 1 let property.

    the "unit" intends to replace the main residence with a new one, as such the higher rate does not apply providing the sale takes place before or on the same day as the purchase (ie completion) of the new main residence or within the timescale fully explained in the guide
    Last edited by 00ec25; 16-06-2017 at 4:46 PM.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

214Posts Today

1,242Users online

Martin's Twitter