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2nd stamp duty query

Hi guys, 

I need some opinions.

I currently own 50% share in a Ltd company that owns a buy-to-let property. This property is currently rented. It was my residence a year ago but because of circumstances, I have to move out & I am currently living in a rented property. 

I am now planning to buy a residential property for myself. Will I a) be treated as a first time buyer? b) have to pay 3% extra stamp duty?

Comments

  • user1977
    user1977 Posts: 18,072 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Having shares in a company doesn't mean you're personally a property owner for stamp duty purposes. If you've never owned a property anywhere in your own name then yes, you're still a first time buyer.


  • SDLT_Geek
    SDLT_Geek Posts: 2,922 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    LutonGuy said:
    Hi guys, 

    I need some opinions.

    I currently own 50% share in a Ltd company that owns a buy-to-let property. This property is currently rented. It was my residence a year ago but because of circumstances, I have to move out & I am currently living in a rented property. 

    I am now planning to buy a residential property for myself. Will I a) be treated as a first time buyer? b) have to pay 3% extra stamp duty?

    Are you buying in England?  If so the relevant stamp duty is stamp duty land tax.

    Owning shares in a property owning company does not count as owning a “major interest” in a property (which is what is relevant for the 3% extra SDLT and first time buyers relief).

    You did not own a share in the property directly before it went into the company?

    You do not have a spouse or civil partner who owns a property?

    You will live in the property you are buying as your only or main residence?
  • SDLT_Geek said:
    LutonGuy said:
    Hi guys, 

    I need some opinions.

    I currently own 50% share in a Ltd company that owns a buy-to-let property. This property is currently rented. It was my residence a year ago but because of circumstances, I have to move out & I am currently living in a rented property. 

    I am now planning to buy a residential property for myself. Will I a) be treated as a first time buyer? b) have to pay 3% extra stamp duty?

    Are you buying in England?  If so the relevant stamp duty is stamp duty land tax.

    Owning shares in a property owning company does not count as owning a “major interest” in a property (which is what is relevant for the 3% extra SDLT and first time buyers relief).

    You did not own a share in the property directly before it went into the company?

    You do not have a spouse or civil partner who owns a property?

    You will live in the property you are buying as your only or main residence?
    Thanks for replying

    Are you buying in England?  If so the relevant stamp duty is stamp duty land tax.

    Yes buying in England

    Owning shares in a property owning company does not count as owning a “major interest” in a property (which is what is relevant for the 3% extra SDLT and first time buyers relief).

    What constitutes a  “major interest”  ?

    You did not own a share in the property directly before it went into the company?

    I was the owner of the property & was living in the property as the main residence before it went to the company. 

    You do not have a spouse or civil partner who owns a property?
    Correct

    You will live in the property you are buying as your only or main residence?

    Correct. 
  • user1977
    user1977 Posts: 18,072 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    LutonGuy said:
    SDLT_Geek said:
    LutonGuy said:
    Hi guys, 

    I need some opinions.

    I currently own 50% share in a Ltd company that owns a buy-to-let property. This property is currently rented. It was my residence a year ago but because of circumstances, I have to move out & I am currently living in a rented property. 

    I am now planning to buy a residential property for myself. Will I a) be treated as a first time buyer? b) have to pay 3% extra stamp duty?

    Are you buying in England?  If so the relevant stamp duty is stamp duty land tax.

    Owning shares in a property owning company does not count as owning a “major interest” in a property (which is what is relevant for the 3% extra SDLT and first time buyers relief).

    You did not own a share in the property directly before it went into the company?

    You do not have a spouse or civil partner who owns a property?

    You will live in the property you are buying as your only or main residence?
    I was the owner of the property...before it went to the company. 

    So you're definitely not a first time buyer.
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