Stamp Duty on replacing main home when you own buy-to-lets

RainbowsInTheSpray Forumite Posts: 1,334
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
I'm not sure but I believe my solicitor may be telling me a load of nonsense.

Can anyone here confirm for certain what google searches seem to show, namely that an owner of buy-to-lets only pays the standard rate of Stamp Duty if simply selling one 'principal private residence' and replacing it with another... i.e. moving home!? This will be a standard house move, completions happening at the same time.

He's telling me that ownership of buy-to-lets will probably affect my move and that I'll have to pay a 3% surcharge, if you please. My investigations seem to indicate otherwise.


  • p00hsticks
    p00hsticks Forumite Posts: 12,336
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Assuming we're talking England here then I believe you are right and your solicitor is wrong. 

    Higher rates of Stamp Duty Land Tax - GOV.UK (

    You must pay the higher Stamp Duty Land Tax (SDLT) rates when you buy a residential property (or a part of one) for £40,000 or more, if all the following apply:

    • it will not be the only residential property worth £40,000 or more that you own (or part own) anywhere in the world
    • you have not sold or given away your previous main home
    • no one else has a lease on it which has more than 21 years left to run
    The second bullet point does not apply if you are replacing you main residence, and all have to for the higher rate to apply
  • sheramber
    sheramber Forumite Posts: 17,518
    Ninth Anniversary 10,000 Posts I've been Money Tipped! Name Dropper
    If you buy  before you sell you will pay the additional stamp duty but can reclaim it if you sell your original main residence within 3 years
  • allconnected
    allconnected Forumite Posts: 104
    Part of the Furniture 10 Posts
    Get your solicitor  to read HMRC’s guidance in the Stamp Duty Land Tax manual at 


    Which makes it very clear.


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