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RJM Law
RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 4095
Experience:  LL.B (Hons)
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I have some questions about stamp duty tax in Scotland. Is

Customer Question

Hi there I have some questions about stamp duty tax in Scotland. Is that something you can advise on?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the UK. My question regards ***** ***** as stated in previous answer. And I haven't spoken to a lawyer yet
JA: What steps have you taken so far?
Customer: None. It requires me to take no steps, but the answer to my question will affect a decision I need to make regarding buying property
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not particularly, until I fully explain the situation.
Submitted: 15 days ago.
Category: Scots Law
Expert:  RJM Law replied 15 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.


Expert:  RJM Law replied 15 days ago.

I wonder if you could tell me what the question is specifically please.  Thank you.

Customer: replied 15 days ago.
Hi there,So I own 2 properties at the moment. Property A is in Edinburgh, fully paid for and currently let. We used to live there before moving to Glasgow.Property B is in Glasgow, has mortgage on it and is where I will be residing soon. I lived there for about 5 years but we moved for a year to Liverpool and now we are coming back to it.However we are moving back to Edinburgh and we want to sell property B to buy a a new place (property C) in Edinburgh so we can continue to rent property A.However we are unsure how stamp duty would work for us as we don't want to pay more than we have to.So our question is how stamp duty works, what is it paid on exactly and what factors affect it so we can decide the best way to deal with my current properties while pursuing the purchase of property C.In any case we need to sell property B to buy property C, but we're not sure if it would be better to sell B before and once that is finalized then buy property C, or if we should pursue both actions (buy/sell) at the same time and whether living in property A or B affects the amount of money paid for stamp duty as well.I hope all this info makes sense!
Expert:  RJM Law replied 15 days ago.

Thank you for the question.  Firstly, this is something your conveyancing solicitor will take care of for you as a matte of course.  However, for peace of mind.  It will depend on when you purchase the property C and sell the property B.  However if the situation arrises where you appear to have "double paid" or over paid on the LBTT, you have 18 months to obtain a refund on this tax.  So, if you purchase a property and LBTT is triggered due to the fact you own a secondary property, this tax can be refunded once the "triggering" property is disposed of, so long as this is done within the 18 month period.  I would advise using one solicitor to deal with all sales and  purchases and express your concerns to them about this matter, however as stated initially, they should know this and deal with it as a matter of course.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.