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Additional Dwelling Supplement Scotland

kmac87
Posts: 6 Forumite
My husband owns and has a mortgage on a flat in his name in which we both currently reside. I have had an offer accepted on a house in which the mortgage will be solely in my name. My husband will be selling his flat in order to move into the house and my solicitor has advised if my husbands flat is not sold when the house is due to settle I will be liable to pay additional dwelling tax of 4% of the house price, I know I can claim this back when it does sell however I wanted to clarify this was correct. Is this essentially due to the fact we are now married (since August) and the fact the flat is in his name alone is irrelevant as we are now a married couple and as they say "whats your is mine and whats mine is yours"
Thanks in advance for any advice, I dont mean to question what my solicitor has advised but I cant seem to find anywhere online that advises on this kind of situation
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Thanks in advance for any advice, I dont mean to question what my solicitor has advised but I cant seem to find anywhere online that advises on this kind of situation
A quick google search found this link:
https://www.revenue.scot/land-buildings-transaction-tax/guidance/lbtt-legislation-guidance/lbtt10001-lbtt-additional-dwell-18
Your solicitor is quite correct, as a married couple you are both treated as owning the property. ADS will be payable at 4% on the full purchase price of the new house, however if your husband's property is sold within 18 months (Scotland), you can apply to reclaim the 4% ADS.0
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