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Solicitor Saying Stamp Duty is £10k more...
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Escalate this to the senior partner. It is very clear you are exempt. It doesn't matter if you used to live in the old one, you don't now and property 2 is your main residence.
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annetheman said:@SDLT_Geek will probably be able to advise if they still use the forum - always really helpful with this stuff!
Any help would be appreciated if you are till about @SDLT_Geek
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@user1977 is right. For the higher rate of SDLT to apply conditions A-D in para 3(1) such 4ZA of the Financial Act 2003 have to be met.Condition D - the dwelling being purchased is not replacing the purchaser’s only or main residence.
The dwelling you are purchasing is replacing your main residence therefore condition D is not met therefore the higher rate of SDLT does not apply. What you did or didn’t do with property 1 is irrelevant.1 -
_Penny_Dreadful said:@user1977 is right. For the higher rate of SDLT to apply conditions A-D in para 3(1) such 4ZA of the Financial Act 2003 have to be met.Condition D - the dwelling being purchased is not replacing the purchaser’s only or main residence.
The dwelling you are purchasing is replacing your main residence therefore condition D is not met therefore the higher rate of SDLT does not apply. What you did or didn’t do with property 1 is irrelevant.Really appreciate that. Thank you.I will forward that information to my solicitor and let you know their reply.0 -
Those saying that the extra 3% is not due are correct. You are selling your existing main residence and buying another.It does not matter how many other properties you own and whether you had lived in them.The guidance here will help as well: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm098003
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