{"id":120061,"date":"2021-01-18T14:00:23","date_gmt":"2021-01-18T07:00:23","guid":{"rendered":"http:\/\/www.siamlandbank.com\/propertynews\/property-news\/is-our-solicitor-wrong-when-she-says-we-owe-10500-in-stamp-duty\/"},"modified":"2021-02-02T17:53:20","modified_gmt":"2021-02-02T10:53:20","slug":"is-our-solicitor-wrong-when-she-says-we-owe-10500-in-stamp-duty","status":"publish","type":"post","link":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/is-our-solicitor-wrong-when-she-says-we-owe-10500-in-stamp-duty\/","title":{"rendered":"Is our solicitor wrong when she says we owe \u00a310,500 in stamp duty?"},"content":{"rendered":"<p>&#013;<br \/>\nWe are replacing our main residence but my husband owns a buy-to-let flat Q My husband and I are due to exchange on a house today and we were under the impression during the four-month conveyancing process that we would not have to pay stamp duty because we were buying a replacement for the main residence we had sold. Our solicitor, however, has told us we are liable for \u00a310,500 of SDLT as my husband owns a buy-to-let flat (it was his previous residence when we met five years ago) but I think she is advising us incorrectly. Based on an article of yours a few years back, and the government guidelines detailed in it, I think we should still be exempt as we are replacing our main residence with this sale and purchase. Is it as simple as that? FSA Yes, it is that simple and the stamp duty land tax (SDLT) guidance published in March 2016 has not changed. Under the heading \u201chigher rates for additional properties\u201d, it says: \u201cYou will not pay the extra 3% SDLT if the property you are buying is replacing your main residence and that has already been sold\u201d. In your case, because you have sold your main residence and are buying a new one to replace it, you should not have to pay the higher rate of SDLT. To confirm this, you might want to get your solicitor to use the SDLT calculator mentioned in the guidance. Continue reading&#8230;&#013;<br \/>\n&#013;<br \/>\nSource : theguardian.com&#013;<br \/>\nRead more&#8230;<a href=\"https:\/\/www.theguardian.com\/money\/2021\/jan\/18\/stamp-duty-house-exchange-land-tax-buy-to-let-flat\" target=\"_blank\">Is our solicitor wrong when she says we owe \u00a310,500 in stamp duty?<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#013; We are replacing our main residence but my husband owns a buy-to-let flat Q My&#46;&#46;&#46;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"class_list":["post-120061","post","type-post","status-publish","format-standard","hentry","category-property-news"],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p75ss1-vet","jetpack-related-posts":[{"id":125718,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/did-we-pay-4000-stamp-duty-unnecessarily-when-selling-our-flat\/","url_meta":{"origin":120061,"position":0},"title":"Did we pay \u00a34,000 stamp duty unnecessarily when selling our flat?","date":"April 4, 2022","format":false,"excerpt":"\r Shared-ownership property was sold under process of back-to-back staircasingQ My fiancee and I have recently sold our shared-ownership flat under an increasingly popular process known as back-to-back or simultaneous staircasing. 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It\u2019s a tiny cottage in Wales, with one bedroom, one living room, a small kitchen and a small bathroom.\u2026","rel":"","context":"In &quot;Property News&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":195,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/how-can-i-avoid-stamp-duty-when-i-buy-my-ex-wife-out-of-the-house\/","url_meta":{"origin":120061,"position":2},"title":"How can I avoid stamp duty when I buy my ex-wife out of the house?","date":"October 8, 2015","format":false,"excerpt":"\r It feels wrong to pay SDLT again but our consent order only mentions how proceeds will be split if the house is sold Q My wife and I split up in September 2013 and subsequently got divorced. 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I then got married in 2018 and moved in to my husband\u2019s house, which he\u2019d bought in\u2026","rel":"","context":"In &quot;Property News&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":121604,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/what-are-the-tax-and-mortgage-implications-if-i-buy-a-flat-with-my-son\/","url_meta":{"origin":120061,"position":4},"title":"What are the tax and mortgage implications if I buy a flat with my son?","date":"August 23, 2021","format":false,"excerpt":"\r I would pay a \u00a3100,000 deposit and want to own two-fifths and leave my share to him in my willQ My 30-year-old son is paying so much in rent that he is struggling to save a big enough deposit to buy his first flat. 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