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bigduckontax, Accountant
Category: Tax
Satisfied Customers: 4768
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Can you give me some my details about Sam's

Customer Question

can you give me some my details about Sam's qualifications/who she has worked for in the past please?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I am referring to "Sam - Tax Professional" as per your website
Submitted: 1 year ago.
Category: Tax
Expert:  bigduckontax replied 1 year ago.

Sam is a tax adviser on Just Answer who worked for some years for HMRC and the Inland Revenue rising to the grade of Higher Tax Officer, I understand.

Customer: replied 1 year ago.
my question is:I have 2 residences.The first is in the sole name of my partner (we are not married). Our family lives here during the week (jobs are close by, son goes to local school, we pay full council tax here etc.).I consider it my de facto main residence.The second is in my sole name. I pay discounted (second home) council tax here. We reside here most weekends. I have made a nomination for this as my main property for CGT purposes.My partner plans to sell the first property and we will purchase (in joint names - for mortgage eligibility) a third property.For additional SDLT purposes, can I claim that I am replacing my main residence (so no additional SDLT payable), nothwithstanding my CGT nomination (as referred to above)?
Expert:  bigduckontax replied 1 year ago.

The surcharge can be repaid if you sell one of the first properties within 18 months.

If you both own a property and are not married then the 3% surcharge will apply if either buys another.

For CGT purposes, as they are your sole or main domestic residences, Private Residence Relief (PRR) applies which relieves CGT at 100%. If you are married you only have one PRR between the pair of you.

JHave I covered all your points?

Customer: replied 1 year ago.
Regarding your second sentence I understand the surcharge is not payable if both of us are replacing a main residence. Is that correct? My partner will clearly be replacing his main residence - but will I? (I think there are good arguments that I am as the first property is de facto my main residence, notwithstanding my CGT nomination). If I am replacing my main residence, then no surcharge payable?
Customer: replied 1 year ago.
PS (my partner will sell the first property contemporaneously with us purchasing the third)
Expert:  bigduckontax replied 1 year ago.

Yes as you are not married. At present in tax law your are entirely different persons. Not quite the same were you married.

Customer: replied 1 year ago.
can you answer my question please: i.e. no additional SDLT payable on the facts as set out above?
Expert:  bigduckontax replied 1 year ago.

As far as I can see no as you are merely replacing sole or main domestic residences.

Customer: replied 1 year ago.
just double/triple checking - the fact that I have made a (different) nomination for CGT purposes and that I do not own the first property does not preclude me from claiming that the first property is my main residence for SDLT purposes?
Expert:  bigduckontax replied 1 year ago.

No the taxes are entirely different and managed by quite separate offices.