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Meeke

My two daughters own (with joint mortgage) an apartment in Glasgow, one resides and the other rarely stays as she works abroad. This daughter now wishes to purchase her own property in Southern England and is unsure if she will be liable for the 3% "buy to let stamp duty" notwithstanding this 'new' property will be her MAIN residence!!
Looking for options/advice???

Comments

  • kinger101
    kinger101 Posts: 6,573 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 April 2016 at 8:20AM
    Yes, she will pay the higher SDLT. Unless she sells her interest in the property to her sister first. At which point the person staircasing from 50% to 100% may be liable for SDLT (at the ordinary rate assuming it's her only property) depending on the amount paid. The amount paid would include any transfer of debt.

    Of course, the lender would need to agree to one daughter selling their share to the other.

    NB - it isn't BTL stamp duty. It's stamp duty on additional residential properties.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Yes she will be liable for the additional 3% SDLT. The new property will be her main residence but she is not disposing of the other residence so she is liable. If her sister were able to buy her out before she purchased another property she wouldn't be liable for the additional SDLT. If her sister buys her out of the Glasgow property within 36 months of her buying the new property then she can claim the additional SDLT back from HMRC.
  • theartfullodger
    theartfullodger Posts: 15,715 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kinger101 wrote: »
    Yes, she will pay the higher SDLT. Unless she sells her interest in the property to her sister first. At which point the person staircasing from 50% to 100% may be liable for SDLT (at the ordinary rate assuming it's her only property) depending on the amount paid. The amount paid would include any transfer of debt......
    As it is Scotland it is not SDLT but LBTT - see
    https://www.revenue.scot/land-buildings-transaction-tax

    Slàinte mhath!
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    As it is Scotland it is not SDLT but LBTT - see
    https://www.revenue.scot/land-buildings-transaction-tax

    Slàinte mhath!

    She's buying the second property in England, it's the first property that's in Scotland.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    She currently owns one property. She will be owning two properties.
    She has to pay the 3%.

    No other details are relevant.
  • kinger101
    kinger101 Posts: 6,573 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Pixie5740 wrote: »
    She's buying the second property in England, it's the first property that's in Scotland.

    But I did incorrectly call it SDLT if the daugther sold her share of the Scottish property.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Whoops, I should have read it more carefully. I thought Artful has quoted me. :o
  • Meeke
    Meeke Posts: 2 Newbie
    Appreciate the confirmation of what I feared!!
    Will now look at appropriate options.!!
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