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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15946
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I'm married to my partner who already owned her property, I

Resolved Question:

I'm married to my partner who already owned her property, I own two properties that I rent out. We want to sell my wife's property which is our main residence and purchase a new main residence, is the higher rate SDLT applicable to the purchase.
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.

Hi.

You won't have to pay the stamp duty surcharge as you are replacing your main residence with another main residence if you complete on the sale before you complete on the purchase. If you complete on the purchase before the sale, you will have to pay the surcharge. However, so long as you sell the old main residence within three years of buying the new one, you can claim a refund of the surcharge.

For the purpose of the surcharge, a married couple are treated as "one unit". Take a look here for more information.

I hope this helps but let me know if you have any further questions.

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