Stamp duty

GeordieNomad

Apologies if this has been asked before. 

I am buying a house with my girlfriend on a 1/3 (me) & 2/3 (her) for £305k. To finance this I am selling my flat £151k of which I will clear £100k & my g/f is selling her (deceased) mums house for £210k which was left to her when she passed on. 

She also owns a flat which she has her son as joint owner. She is registered as living at her mums house. 

My question is, is she liable for the extra stamp duty on the house we are buying? Or exempt as the flat is not her main residence?
if she is eligible is there anyway we can get round this?
TA

Keep_pedalling

Is the inherited house still owned by the estate or has it been transfered to her name?

user1977

You and her are jointly liable for the extra stamp duty. You get round it by her selling her other property first. Or by you buying in your sole name.

SDLT_Geek

GeordieNomad said:

Apologies if this has been asked before. 

I am buying a house with my girlfriend on a 1/3 (me) & 2/3 (her) for £305k. To finance this I am selling my flat £151k of which I will clear £100k & my g/f is selling her (deceased) mums house for £210k which was left to her when she passed on. 

She also owns a flat which she has her son as joint owner. She is registered as living at her mums house. 

My question is, is she liable for the extra stamp duty on the house we are buying? Or exempt as the flat is not her main residence?
if she is eligible is there anyway we can get round this?
TA

Are you buying in England so the stamp duty involved is stamp duty land tax?

It will be important to know where your girlfriend has been living for the last three years.  With you, in your flat which your are selling?  In her mum's house?

If with you, then it would make a difference whether you plan to get married or enter a civil partnership.  If you are married / civil partners by the time of your sale, then there is a rule allowing a spouse / CP to benefit from a sale by the other of a property for the purpose of meeting the conditions for the replacement exception for the 5% SDLT surcharge.

Keep_pedalling

If the inherited house is being soluser1977 said:

You and her are jointly liable for the extra stamp duty. You get round it by her selling her other property first. Or by you buying in your sole name.

user1977 said:

You and her are jointly liable for the extra stamp duty. You get round it by her selling her other property first. Or by you buying in your sole name.

If the inherited house is being sold by the estate she does not own it, and it is the jointly owned flat that will cause the issue.