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Do we pay 3% stamp duty if we live in both houses?

We own a house and a flat which my husband uses during the week as he works away from home. The office is relocating and we need to sell and buy another flat, again to use during the week do we still pay the extra 3% as it's not a buy to let and he is using it 5 days a week?

Asked on Jan 18 2017, Selling in Rugby | Report content

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  • Hi Marion, You should check this with a qualified accountant, but I believe so. Anyone who is buying an additional residential property for £40,000 or more is liable to the surcharge. If the home you are buying replaces your main residence (i.e. both you and your husband were moving into a new place), then you would be able to avoid the surcharge. As you will not be moving in with him and he´s using the other flat for work, I don´t think the HMRC will classify it as the main residence. According to the Zoopla guide: "Main residence' refers to the home you live in, not just a property you own. And which home is your main residence will be judged as a matter of 'fact' (for example, where you spend most nights, where the rest of your family lives, where you are registered to vote and where you are signed up to local doctors and dentists)." It´s quite hard to figure these things out sometimes but if I´m wrong, would appreciate it if you could post here.

    Web reference: https://www.zoopla.co.uk/discover/buying/q-a-new-3-stamp-d...

    Answered on Jan 19 2017, Report content
  • Yes, you will need to pay the extra stamp duty, its not just for buy to let property but second properties.

    Answered on Jan 19 2017, Report content
  • On the face of it, yes you will pay the extra stamp duty.

    Answered on Jan 19 2017, Report content

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