Stamp duty question - Main residence for landlord

[simontrent]

Hopefully someone will be able to offer some advice.

I lived abroad for a number of years and brought two properties in UK that are rented out. I returned to UK last summer and started looking to buy a home. One of the rental properties became vacant and so I moved in for six weeks to oversee some refurbs and then sold it in November 2015. I had been staying with parents or house sitting for an overseas friends in between this time.

I'm now in a position to buy my first "home". The sale has dragged out and now looks like it will complete post April 2016.

Does anyone know if I can count the six weeks in the buy to let as my main residence and as such paying the lower stamp duty on my first home?

Thanks in advance.

[simontrent]

I wish it wasn't the case, but unfortunately Mr Chips is right. Owning a BTL before owning a home WILL attract the higher rate. The difference in tax is significant.

I'm sure this is not the intention of the new ruling. Surely it should be excluded if the house will be your long-term home regardless of where you live prior.

[simontrent]

There is CGT relief for private residents, and there are exemptions to SDLT when someone is replacing their home. What confuses me is why would someone incur the higher rate just because they are not yet "home" owners. Surely buying your first home should be exempt.

I would include the higher SDLT as part of my decision when considering an additional BTL; as a business decision. However, I do not feel it should impact my costs to buying my home.