Will we have to pay the 3% stamp duty surcharge

tmc182

Hello
I'd be ever so grateful if anyone can clarify our situation. I own a property that I purchased in 2007 and lived in until 2013. In April 2013 I moved into a rented property with my partner, and rented out the property. We now have the option to buy our rented house or buy another house but I'm not sure whether I'd be liable for the second property surcharge. I'd own two properties, but I am replacing my main residence, albeit I'm not selling a property as my tenant is happy and hassle free. I have not lived there for 4 years, my kids go to school near our rental house, my car, bank, gp etc is all registered at the rental home so no question over main residence, but I'm unsure whether because we don't own it already it will be a problem with stamp duty. My partner doesn't own a property and I'm aware he could buy alone if I would need be liable. Thank you for any help you can give me.

00ec25

replacement means SELL

you are liable, you intend to own an ADDITIONAL property

if your partner buys in his sole name assuming he does not own any other property himself already he would not liable, but that means you cannot be an owner of it

read: https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property

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