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3% stamp duty surcharge
buffman
Posts: 440 Forumite
I have lived in the UK all my life. I am currently selling my main residence to buy another nearby (at the same time). I also own a property abroad. I am planning to emigrate (and mainly live in my property abroad) fairly shortly after completing on the UK property transaction. At the time of completion the new UK property will be my main residence but probably own for a few weeks. Do I need to pay the 3% stamp duty surcharge?
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Comments
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No you are selling your main residence and buying a new home0
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What sort of mortgage are you getting (if any)?0
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No mortgage. Selling my main home, buying another home in the UK at the same time. Will be moving into my new UK home for a short period (probably a few weeks), before emigrating and living in my (other) property abroad. I will be spending maybe 9 months abroad and the rest in my new home here. The new UK home will be my main residence at the time of completion until I emigrate.0
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If your intention is only to live there for a few weeks then I doubt it will qualify as your "main residence" for SDLT purposes.1
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The guidance here https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09812 talks about a "residence" requiring a degree of permanence and expectation of continuity.0
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you will probably get away with it on the basis of your UK sale and purchase not attracting attention. However, as others note, technically it will not have the expectation of continuity to make it your main home as you'll be leaving after 9 months.
Whether anyone would ever spot that is a very moot point and will be influenced by how much tax is at stake. HMRC certainly have won legal cases involving people failing continuity, even having lived in the property longer than you will be, but that was for CGT where the tax at stake was tens of thousands so worth heavy chasing1
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