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Higher rate stamp duty - change of main residence - own buy to let.

Hello
I’m hoping someone may be able to help as conflicting info form HMRC.
I live with my husband in a property that is in his name. This has been our main residence for 13 years.
5 years ago I bought a buy to let in my own name and paid higher rate stamp duty on the purchase.
we have found a new house that we want to buy that will be our main residence and will get a new mortgage in both names. 
Does higher rate stamp duty apply or are we exempt as it’s a move from a main residence to another? 
Thank you in advance for any support with this. 

Comments

  • Bigphil1474
    Bigphil1474 Posts: 3,698 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You don't normally pay higher rate SDLT if you sell your main residence and buy a new main residence at the same time. 
  • Flugelhorn
    Flugelhorn Posts: 7,450 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You don't normally pay higher rate SDLT if you sell your main residence and buy a new main residence at the same time. 
    I think even if there is a delay before buying the new main residence you don't pay higher rate
  • RAS
    RAS Posts: 36,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you are replacing your main residence, there is no SDLT "enhancement", as long as the new property is purchased within 3 years.
    If you've have not made a mistake, you've made nothing
  • Keep_pedalling
    Keep_pedalling Posts: 21,470 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    RAS said:
    If you are replacing your main residence, there is no SDLT "enhancement", as long as the new property is purchased within 3 years.
    Just to clarify, if you sell your current home after buying the new one you have to pay the additional tax, but claim it back after the sale of the current one. 
  • Flugelhorn
    Flugelhorn Posts: 7,450 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    RAS said:
    If you are replacing your main residence, there is no SDLT "enhancement", as long as the new property is purchased within 3 years.
    If in the gap between selling and buying a new main residence you move to a property you own (which is a second home) is there a way of the second home not being considered your new main residence? - or does it just need to prove that you sold your main residence, lived some other random place for a few months and then bought a new main residence?
  • saajan_12
    saajan_12 Posts: 5,290 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    bex1982 said:
    Hello
    I’m hoping someone may be able to help as conflicting info form HMRC.
    I live with my husband in a property that is in his name. This has been our main residence for 13 years.
    5 years ago I bought a buy to let in my own name and paid higher rate stamp duty on the purchase.
    we have found a new house that we want to buy that will be our main residence and will get a new mortgage in both names. 
    Does higher rate stamp duty apply or are we exempt as it’s a move from a main residence to another? 
    Thank you in advance for any support with this. 
    Will you also sell your current main residence (the one in husband's name)? 

    That's the crucial step. If yes, then depending on the timeframes you may be able to not pay the higher rate or pay and refund. However if you plan to retain both then regardless of the purpose of the new house, its still an additional. 
  • sheramber
    sheramber Posts: 23,120 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    You must dispose of your curent main residence to avoid higher stamp duty.
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