Stamp duty rules - unmarried

Ghoti

I am living together with my boyfriend. We are unmarried and not in a civil partnership. He owns our current home in his name only and I want to purchase another house. He is gifting me some funds, but he will not be on the deeds or have a beneficial interest in the second house. The house will be for a family member to live in rent free and there will be no mortgage on the second house.

My solicitor has advised me that because we are living together as partners, we would have to pay the higher stamp duty rate for second homes. However, everything I have read so far seems to say this would not apply, and we thought I only needed to pay regular stamp duty. For some reason I can't find confirmation of this on the government's website, where it mentions the married part. Does anyone have a link to the government policy or rules?

davidmcn

Ghoti wrote: »

For some reason I can't find confirmation of this on the government's website, where it mentions the married part.

The confirmation you're looking for is the fact that it only refers to married couples and not to unmarried partners. If in doubt, ask your solicitor to evidence what they're relying on.

suffolkboy_

Ghoti wrote: »

I am living together with my boyfriend. We are unmarried and not in a civil partnership. He owns our current home in his name only and I want to purchase another house. He is gifting me some funds, but he will not be on the deeds or have a beneficial interest in the second house. The house will be for a family member to live in rent free and there will be no mortgage on the second house.

My solicitor has advised me that because we are living together as partners, we would have to pay the higher stamp duty rate for second homes. However, everything I have read so far seems to say this would not apply, and we thought I only needed to pay regular stamp duty. For some reason I can't find confirmation of this on the government's website, where it mentions the married part. Does anyone have a link to the government policy or rules?

If you have never had a house in your name before, and you are not married to your partner, I would have thought you could buy the new house without paying any stamp duty as you in essence, a first time buyer. I can't see why the Solicitor would think otherwise.

SDLT_Geek

First time buyers’ relief is not available as OP does not intend to live in it, but the 3% surcharge should be escaped if OP is the sole beneficial owner.

Ghoti

Great, thanks everyone. I just found the consultation outcome for this and it specifically states it applies to married and civil partnership couples only. I must say I’m disappointed in the solicitor!

gov.uk/government/consultations/consultation-on-higher-rates-of-stamp-duty-land-tax-sdlt-on-purchases-of-additional-residential-properties/higher-rates-of-stamp-duty-land-tax-sdlt-on-purchases-of-additional-residential-properties

Peter_Williams

Yes, it's interesting who the govt considers a ''partner'' these days.