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First Time Buyer with Foreign Investment
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I understand the rule, I'm just questioning its implementation. I'll try to explain my frustration below.
Person A owns both a property in the UK and a flat in France. They buy a second a property in the UK and sell their existing one. Because they have replaced their main residence, there's no additional fee.
Person B (me) is in a similar situation, however with the disadvantage of not actually owning anything in the UK to begin with. Because I can't technically replace my main residence (renting isn't recognised), I'm stung.
I've resigned myself to paying the additional charge, but question the way the rule has been designed.
If you don't like it you have the power to write to your MP or the Chancellor to express your opinions. Watch out for any consultation documents from the Treasury and respond to those. Will this do much good? Probably not, but those are your routes for questioning how tax law is drafted.
Tax doesn't always have to be 100%, scrupulously fair. It should aim to be fair, but it can only work as written and there will always be some people caught by unfortunate sets of circumstances.
That said, you've got an investment in property. You are fortunate to be in that circumstance. You can now choose whether to dispose of that investment and save the SDLT, or pay the SDLT and continue to reap the rewards of your investment.
France has a transfer tax (equivalent to SDLT) of about 5%-8% all-in depending on the department (county) and including the notaire's fees. There's also an annual wealth tax of a % of the value of your assets each year, if you're "unfortunate" enough to be above the €800k threshold for that, so they certainly have nasties in their tax regime which we don't have and vice versa.0
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