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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16130
Experience:  30 years as a practising solicitor.
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I have a question in regards to buying a property. I am

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Hello, I have a question in regards ***** ***** a property. I am going into a joint mortgage with my partner. I am a first time buyer however he already has a property as a buy to let. My question is would we still be exempt from paying stamp duty or would we be pay it due to him already owning a flat? Thank you.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We are at the offer stage and have gained a mortgage in principle. However the advisor had said to maybe seek a legal opinion in regards ***** ***** stamp duty.
JA: Where is the flat located?
Customer: Edinburgh, Scotland.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that’s is all. Thank you

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. In Scotland you pay Land and Buildings Transaction Tax as opposed to stamp duty. If the property is purchased for less than £250,000 there is no basic tax. However, because one of you already owns a buy to let property, unless you are selling and replacing a main residence, the purchase will be subject to the 4% Additional Dwelling Supplement. I hope this helped you today. Please do let me know if I can clarify anything, I am always happy to help.

Customer: replied 3 days ago.
Thank you. Is the 4% ADS based on the total purchase price or the purchase price in excess of the £250,000? H

The whole price I’m afraid.

JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 days ago.
Okay. Thank you so much for your help. Take care.

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