Stamp duty query?

Susanmm

I live in rented accommodation with my husband. I own a flat which is rented. We are about to buy a home together. We will move here from our rented accommodation. This will be my husbands first property purchase. As I'm replacing my main rented home with a main purchased home do we have to pay the extra 3% stamp duty? How can I find a definitive answer?

G_M

Two home family.....

Higher rates for additional properties

You’ll usually have to pay 3% on top of the normal SDLT rates if buying a new residential property means you’ll own more than one.
Use the SDLT calculator to work out how much tax you’ll pay.
You may not have to pay the higher rates if you exchanged contracts before 26 November 2015.

If you’re replacing your main residence

You won’t pay the extra 3% SDLT if the property you’re buying is replacing your main residence and that has already been sold.

https://www.gov.uk/stamp-duty-land-tax/residential-property-rates

gingercordial

Susanmm wrote: »

I'm replacing my main rented home

Unfortunately not. Your current rented accommodation is not yours to sell and so you are not disposing of it and replacing it.

At the end of the day you (married couple) will own one more property than you did before the transaction, and so you will be liable for the extra SDLT charge.

Definitively? See question 2 on page 24 of HMRC's guidance notes here. https://www.gov.uk/government/publications/stamp-duty-land-tax-higher-rates-for-purchases-of-additional-residential-properties