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Does First time buyer rate SDLT applies on first property if married partner buy first house?

Nofursad
Nofursad Posts: 1 Newbie
in House buying, renting & selling
Hi all,

I own a property on my sole name in a mortgage as well as in title deed. My wife also lives with me in my house with my daughter. Now she decided to get her own house and we went for JBSP mortgage as her salary was not enough to get the mortgage. We have been advised by a solicitor that she might have to pay higher rate of SDLT but state agent who sold us the property is saying that she will not have to pay higher rate as her name is not in title deed of my property and my name will not be in her property's title deed. I was wondering if anyone had a similar situtation and what SDLT rate was paid? I am planning to talk with tax specialist but i thought i will check if anyone had similar situtation.

Thanks!

Comments

  • p00hsticks
    p00hsticks Posts: 14,488 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I believe married couples are treated as a single entity for SDLT purposes - @SDLT_Geek is our resident fountain of knowledge and will know for sure. 
  • SDLT_Geek
    SDLT_Geek Posts: 2,910 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Nofursad said:
    Hi all,

    I own a property on my sole name in a mortgage as well as in title deed. My wife also lives with me in my house with my daughter. Now she decided to get her own house and we went for JBSP mortgage as her salary was not enough to get the mortgage. We have been advised by a solicitor that she might have to pay higher rate of SDLT but state agent who sold us the property is saying that she will not have to pay higher rate as her name is not in title deed of my property and my name will not be in her property's title deed. I was wondering if anyone had a similar situtation and what SDLT rate was paid? I am planning to talk with tax specialist but i thought i will check if anyone had similar situtation.

    Thanks!
    If you and your wife are still together, and not separated in circumstances likely to be permanent, then a purchase by her alone will be liable to SDLT with the extra 5%, if you still own a property. 

    The position is covered in guidance here: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820
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