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Additional Stamp Duty on joint purchase
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To be honest the renting of her place was a necessity as we wouldn't have been able to sell it in time. We aren't profiteering from renting it out and I realise how lucky we are to have this place as her pension fall back.
We were not council tax dodging or certainly not intentionally - her place was nearer for my work so I would spend maybe 4 or 5 days out of 7 there. We just hadn't worked out were we would live eventually until this house came up.
Thanks for all the comments and knowledge. This place is a little gem.
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Do bear in mind the possibility of her selling / disposing of her place within three years and of claiming back the extra 3% paid.1
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It is correct that an owner does not lose SPD if they have a Monday - Friday lodger who (crucially) owns a place of their own upon which the lodger pays their own CT. However, lodgers cannot be the owner's spouse.Wonderkamp said:We were not council tax dodging or certainly not intentionally - her place was nearer for my work so I would spend maybe 4 or 5 days out of 7 there. We just hadn't worked out were we would live eventually until this house came up.
The point I was making is don't broadcast you each claimed SPD after marriage when the facts of occupation/use of each property paints a different picture. For a married for CGT purposes it is explicit, the "couple" can only have one main residence, the same one for both persons.
However, as mentioned, that rule does not apply for SDLT purposes, but the principles could be used as they have been tested in court many times
https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg64545
and here is what they "measure" as "co-habitation" if they really go to town on your claim to it being your main home despite being legally married and therefore most of these tests would be met by default as a couple who live together in their main home...
https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15080
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