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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11265
Experience:  30 years as a practising solicitor.
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I have a question on stamp duty if you can help Assistant:

Customer Question

I have a question on stamp duty if you can help
Assistant: Where are you located? It matters because laws vary by location.
Customer: London
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No, just that
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
I bought a residential property with a mortgage in 2010 which I lived in as a main residence, and bought a property in Spain outright in 2011 (50% share with my mother). My mother lives in this property however I never have, never will. I moved out of my main residential property in 2012, which I rented out with the lenders consent, and sold this in 2016. I wish to now purchase a main residence in the UK and my query is whether under the transitional rules, I will be liable for the increased second purchase stamp duty or if it will be treated at the lower rate.
Customer: replied 1 month ago.
The Spanish property will not be sold at the time of purchasing my new UK residence
Expert:  Aston Lawyer replied 1 month ago.

Hi,

Thanks for your enquiry.

I am afraid that as you own an interest in the Spanish property, your proposed Purchase will attract the enhanced rate of SDLT. (If you were selling your main residence at the same time as purchasing this property, the normal rates would have applied but as you sold it in 2012, you are caught by the new rules I'm afraid).

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 1 month ago.
Hi Al,I think you misunderstand, apologies. I moved out of my main residential property in 2012, moving into rental accommodation. I have not bought another main residence in the meantime. I then sold my former main residence in Sept 2016 and have not bought a replacement, which I would like to do now.
Expert:  Aston Lawyer replied 1 month ago.

Hi, thanks for your reply.

As you have only recently sold your main residence (apologies but I thought you sold it in 2012), then I am pleased to say that the standard rate of Stamp Duty will be payable.

This is because "If the purchaser has sold a previous main residence within 18 months before the day of the transaction and the transaction is a purchase of a new main residence, the purchaser will be considered to be replacing a main residence. Where an individual is replacing a main residence the higher rates of SDLT will not apply".

I hope this assists!

Kind Regards

Al

Customer: replied 1 month ago.
Thank you very much. So as it was a main residence at some point, even though rented, and I've not bought another since, the recent sale can be considered swapping one main residence for another. And is it correct that I have 18 months from the point of sale to purchase a new one, so if the sale took place Sept 16, I have until March 18?
Expert:  JGM replied 1 month ago.

I'm sorry but the previous expert has opted out. The answer to your question is that had you lived in your "main" residence until it was sold, you would have 18 months to buy another main residence as a replacement, notwithstanding the fact you have an interest in the Spanish property. However as you rented it out and haven't lived there since 2012 it is no longer classed as your main residence, so your next purchase will be subject to the additional SDLT rate if you still have a share of the foreign property.