Stamp Duty - First Home or not?

14sprocket

Hi, I would appreciate an advice on a stamp duty on my new home purchase...
So basically our family has the following timeline of being on the property market:
2012 - bought a family home (joint ownership with wife)
2018 - bought a buy-to-let flat in my wife's name (never used for our family)
2019 - sold a family home, been renting since
2021 - buying a new family home (again, jointly) whilst still owning the BTL flat
So, for the purpose of stamp duty calculation, will our new family home still be considered a first family home purchase with a regular stamp duty rate?
I spoke to a couple of "amateur solicitors" who gave me somewhat different views, so I wanted to seek advice here.
Thanks!

avawat20

It's not about family home, it's about property. If one of you already owns a property or has owned one you are not first time buyers. In terms of current holiday, the relief is only for if you are buying a property which will be your only owned property up to £500k. If you retain other property there is a reduced rate but you still pay stamp duty.

stig

if you’re asking about the higher rate due when  owning multiple properties, you’ll probably avoid that if you buy a new main residence within 3 years of selling the old one. So normal rates apply.
 I assume this is what you mean, having bought two properties before I don’t  think you expect to qualify for first time buyers relief.

grumiofoundation

You aren’t first time buyers (confusing use of “first family home) so you wouldn’t benefit from any FTB relief. 

If you have sold a previous main residence (you say in 2019) within 3 years of this new family home purchase then you will not have to pay the +3% as you are replacing a main residence.

14sprocket

stig said:

if you’re asking about the higher rate due when  owning multiple properties, you’ll probably avoid that if you buy a new main residence within 3 years of selling the old one. So normal rates apply.
 I assume this is what you mean, having bought two properties before I don’t  think you expect to qualify for first time buyers relief.

This is exactly what I'm asking - we had sold our main residence, and are now buying a new one after 20 months (i.e. under 3 years). 
The point being that we also have a small BTL flat, which we bought prior to selling our main residence (having had paid second home rate of stamp duty on that purchase). Is there a reason to believe that we should be paying the "second home" rate of stamp duty on the new main residence purchase?

Doozergirl

14sprocket said:

stig said:

if you’re asking about the higher rate due when  owning multiple properties, you’ll probably avoid that if you buy a new main residence within 3 years of selling the old one. So normal rates apply.
 I assume this is what you mean, having bought two properties before I don’t  think you expect to qualify for first time buyers relief.

This is exactly what I'm asking - we had sold our main residence, and are now buying a new one after 20 months (i.e. under 3 years). 
The point being that we also have a small BTL flat, which we bought prior to selling our main residence (having had paid second home rate of stamp duty on that purchase). Is there a reason to believe that we should be paying the "second home" rate of stamp duty on the new main residence purchase?

No.  Because you are replacing a main residence and have never lived in the BTL.