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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.
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!
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.