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Stamp Duty

kerfuffle_2
Posts: 18 Forumite


Hi there. I currently live with my partner in the flat she owns in London. I own a house in Manchester that I rent out, and had been living in rental accommodation in the 3 years before we i moved in with her in August 2020. If we buy a house, and I retain my property in Manchester, I would have to pay the Stamp Duty surcharge. We are expecting a baby soon but would like to buy in 6 - 12 months. If I was added as a co-owner of the flat in London, and therefore made it officially our 'main residence', would that make us exempt from the surcharge when we do buy? (we want to keep the rental property in my name).
Any advice appreciated! Thanks!
S
Any advice appreciated! Thanks!
S
0
Comments
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Is the partner's flat mortgaged? If so, you cannot be made a part-owner without the lender's consent, which would normally mean remortgaging with both of you named as borrowers.No free lunch, and no free laptop0
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It is mortgaged, that's a really helpful point - thank you. If we did remortgage, adding me as a borrower, would that result in exemption from the surcharge?0
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I doubt that would wash, given that "There needs to be a permanence and expectation of continuation to the occupation to establish it as a main residence", and you're doing it purely as a tax avoidance technique with the intention of immediately moving out.0
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OP, nothing wrong with your plan in principle. It will require a transfer of equity and you going on the mortgage.
Since the property is mortgaged there may be an SDLT bill to pay when you do a transfer of equity. This is will at the 'higher' rate as you own a background property.
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kerfuffle_2 said:It is mortgaged, that's a really helpful point - thank you. If we did remortgage, adding me as a borrower, would that result in exemption from the surcharge?
Getting married would make selling the current London property count as replacing your main residence for the purposes of SDLT when buying your next home together.0 -
Previous thread on the subject...
https://forums.moneysavingexpert.com/discussion/6264291/stamp-duty-query
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