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First Time Owner Occupier - Higher Rate Stamp Duty

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Comments

  • kingstreet
    kingstreet Posts: 39,519
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    As a rough rule of thumb anything which sees the number of properties you own increase, the SDLT surcharge will apply.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • kinger101
    kinger101 Posts: 6,790
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    You are not disposing of a main residence to buy another main residence, so the higher rates apply. That's the only exception.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Hi, thanks for your replies all. I did suspect it would be the case, but I thought there might have been something around the change of "main residence" which may have meant I would be exempt from the dreaded 3%!


    I can see what you mean MRJB - I understood that their was the caveat that your previous main residence would have to be disposed to stop people building a portfolio that way, but there could have been a loophole where first time buyers could purchase two properties before paying a the higher rate of stamp duty.
  • csgohan4
    csgohan4 Posts: 10,614
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    Pay the your tax like everyone else
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • csgohan4 wrote: »
    Pay the your tax like everyone else


    Well not everyone... have you not seen the Panama papers! But yes, it looks like I will be when the time comes!
  • You aren't a first time buyer though, as you are already a property owner. Even if you never lived in the part-owned properties, you still are already a property owner.

    If you don't want to pay the extra tax, either sell all your property-shares to your relatives, or buy one of them out and move into one of the properties you already part-own.
  • kinger101
    kinger101 Posts: 6,790
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    or buy one of them out and move into one of the properties you already part-own.

    That doesn't work either if they still have an interest in more than one property. Unless the transaction is under £40K.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • AdrianC
    AdrianC Posts: 42,189
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    Raymondo84 wrote: »
    Hi, thanks for your replies all. I did suspect it would be the case, but I thought there might have been something around the change of "main residence" which may have meant I would be exempt from the dreaded 3%!

    I can see what you mean MRJB - I understood that their was the caveat that your previous main residence would have to be disposed to stop people building a portfolio that way, but there could have been a loophole where first time buyers could purchase two properties before paying a the higher rate of stamp duty.

    It's very simple...

    Situation 1
    Property already owned. Extra property being bought. Extra SDLT payable? Yes.

    Situation 2
    Property already owned. One property being changed for another. Neither is main residence. Extra SDLT payable? Yes.

    Situation 3
    Property already owned. One property being changed for another. One is main residence, one is not. Extra SDLT payable? Yes.

    Situation 4
    Property already owned. One property being changed for another. Both are main residence. Extra SDLT payable? No.

    Which of those situations do you think yours is most like? Clue: It's not 4.
  • kinger101 wrote: »
    That doesn't work either if they still have an interest in more than one property. Unless the transaction is under £40K.

    Sell to one and buy from the other?

    Swap shares with relatives so that the OP owns a bigger part of just 1 property, then buy the remainder of that property from whoever, and live there.

    (I am not a lawyer)
  • You aren't a first time buyer though, as you are already a property owner. Even if you never lived in the part-owned properties, you still are already a property owner.

    If you don't want to pay the extra tax, either sell all your property-shares to your relatives, or buy one of them out and move into one of the properties you already part-own.


    I never said I was a first time buyer, when I referred to first time buyer in post number 14 I was referring to the situation MRJB described which would have left a possible loophole which HMRC have quite correctly stopped.
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