Do i have to pay stamp duty?

Fecenec1981

I don't think i have to pay the higher stamp duty tax. Me and my husband are seen as one unit, therefore what he owns I own and what i own he owns. He owns a flat with his ex wife which he rents out. He moved into my home that I own. We sold my home, our main residence on 24 March 2016 and rented as the house we wanted to buy as our new main residence wasn't ready yet due to solar panel lease issues!!!! That's another story. 8 months down the line, the new house is ready and we complete in 2 weeks. As we as one unit are replacing our main residence within the 18 months allowance time, i don't think we get penalised. Please advise

KRB2725

I think you will have to pay as your husband already owns a property.

Somebody may correct me, but my understanding is you are liable.

marliepanda

You are liable for the surcharge. Your rental is your main residence. He didn't own your home, and will now own an extra property.,

konark

I think selling the flat would kill 2 birds with one stone.

booksurr

Fecenec1981 wrote: »

I don't think i have to pay the higher stamp duty tax. Me and my husband are seen as one unit, therefore what he owns I own and what i own he owns. He owns a flat with his ex wife which he rents out. He moved into my home that I own. We sold my home, our main residence on 24 March 2016 and rented as the house we wanted to buy as our new main residence wasn't ready yet due to solar panel lease issues!!!! That's another story. 8 months down the line, the new house is ready and we complete in 2 weeks. As we as one unit are replacing our main residence within the 18 months allowance time, i don't think we get penalised. Please advise

I agree with your interpretation of the rules
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509184/GuidanceNote_Final.pdf

1. " As a married couple all property owned by either of you is treated as owned jointly."

2. "For joint purchases the higher rates will apply if either of the purchasers own other residential property."

3. "Provided you purchase your new main residence within 3 years of the sale of your previous main residence, you are considered to be replacing your main residence, and therefore the higher rates will not apply."

point 2 is negated by point 3 as that is your specific circumstance, "your" being the joint couple as you think

G_M

You are replacing your main residence within 3 years.

The higher rate SDLT is not payable.

3.20 There is a replacement of a main residence if, in the three years ending with the
purchase, the purchaser disposed of a major interest in another dwelling24 and
that other dwelling was, at some time in the three year period, the only or main
residence of the purchaser25.
3.21 There is also a replacement of a main residence if in the three years ending with
the purchase, the purchaser’s spouse or civil partner disposed of a major interest
in another dwelling and that other dwelling was, at some time in the three year
period, the only or main residence of the purchaser.