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Do I have to pay extra SDLT?

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  • Chris_P_2
    Chris_P_2 Posts: 194 Forumite
    DaftyDuck wrote: »
    In that case, since you have asked the advice of several professionals (who can't possibly be wrong) why ask a bunch of randoms like us?

    Oh, they are wrong, given the premise you outline...
    why not? //////////////////
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Chris_P wrote: »
    LOL, the mis understanding and presentation of incorrect information on this site is astounding.

    Do you go to a doctor then seek medical advice on a forum?

    Doubt it. So why are you asking a free forum after paying professionals

    Answer: because you haven't and you're trying to be all 'lol I'm right' when anyone can see, qualifications or not, that you are incorrect.

    Why ask how you can avoid it when Dr Lawyer McFinancialadvisor said you don't have to pay it anyway?

    Lols
  • Chris_P_2
    Chris_P_2 Posts: 194 Forumite
    eggha wrote: »
    given your ability to spell I very much doubt you explained the situation to them correctly
    assuming you can read, which it appears you can given your ability to reply to this thread, I can only assume that you lack capacity to understand the answers you have been given which relate directly to the guide. A guide you could have yourself read if you could have been bothered to google.

    let us try one more time...
    - you own one property,
    - you intend to but another (1+1=2)
    - you currently rent
    - you did once love in the property which is now let
    - you do not intend to sell the let (ex home) property
    - at the end of the day of the purchase you will own an additional property (1+1 =2)

    READ THE GUIDE
    https://www.gov.uk/government/publications/stamp-duty-land-tax-higher-rates-for-purchases-of-additional-residential-properties

    well done. I love the way you type like you understand and know the answer when you dont!! so sad.

    Why pretend you know the answer when you dont?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Chris_P wrote: »
    LOL, the mis understanding and presentation of incorrect information on this site is astounding.

    The only misunderstanding going on is you failing to grasp that 1+1=2 and the meaning of the word "additional."
  • Chris_P_2
    Chris_P_2 Posts: 194 Forumite
    Read your own !!!! you plank:
    3.18
    The disposal of the previous main residence does not have to be by way of
    sale, although that is likely to be the case for most ind
    ividuals. For example the
    property may have been gifted to someone else or transferred under a court order as
    part of a divorce settlement.


    You wanna talk about reading and maths now?????
  • What an utterly pointless thread.
  • No need for people to get nasty on here. simple questions = simple answers.

    Yes, you'll need to pay the 3% on your new purchase - unavoidable.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Chris_P wrote: »
    Read your own !!!! you plank:
    3.18
    The disposal of the previous main residence does not have to be by way of
    sale, although that is likely to be the case for most ind
    ividuals. For example the
    property may have been gifted to someone else or transferred under a court order as
    part of a divorce settlement.


    You wanna talk about reading and maths now?????

    It's irrelevant. You're not gifting it, or giving it in a divorce (this has nothing to do with your property with your ex)

    You own a rental property.

    You're buying another property.

    The property with your ex is irrelevant.

    1 + 1 = 2
    2 > 1

    Maths
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 April 2017 at 10:52PM
    I believe the OP is correct in that he will not be liable to the additional SDLT as he is replacing his main residence which has been previously disposed of by way of a divorce settlement. Extract From the legislation below:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570876/SDLT_Higher_rates_for_additional_properties.pdf

    3.18 The disposal of the previous main residence does not have to be by way of
    sale, although that is likely to be the case for most individuals. For example the
    property may have been gifted to someone else or transferred under a court order as
    part of a divorce settlement.
    3.19 There are two situations in which a purchase of a dwelling will be a
    replacement of a main residence. The first is where the disposal occurred before, or
    on the day of the purchase23. The second is where the purchase happens first and
    then the disposal happens later24
    .
    3.19A For purchases on or before 26 November 2018, there is a replacement of a main
    residence if, at any time before the purchase, the purchaser, or their spouse or civil
    partner, disposed of a major interest in another dwelling25 and the purchaser has not
    purchased another main residence in the period between that disposal and the new
    purchase. That other dwelling must have been, at some time, the only or main
    residence of the purchaser26
    .
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    noh wrote: »
    I believe the OP is correct in that he will not be liable to the additional SDLT as he is replacing his main residence which has been previously disposed of by way of a divorce settlement. Extract From the legislation below:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570876/SDLT_Higher_rates_for_additional_properties.pdf

    No.

    His main residence is where he lives. Not where he lived ages ago!!

    He already has a property. He is buying an ADDITIONAL property
This discussion has been closed.
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