3% SDLT surcharge on 2nd homes when selling and buying prima

[CIS121]

I have a 2nd home overseas and also rental residential property in the UK in my own name

I've just sold my UK Primary Residence 3 months ago, renting currently and about to buy a Primary Residence again in the UK. Will I be exempt from paying the 3% SDLT 2nd home tax on the basis of selling, then buying a new Primary Residence (despite the gap whilst renting)?

[anonymous-user]

I believe you are fine as this is subject to the three year rule.

[CIS121]

Joey Deacon said:

I believe you are fine as this is subject to the three year rule.

Great, thanks Joey, much appreciated!

[22s]

Not quite.

The 3 year rule only applies when you purchase your new primary residence BEFORE you have sold your previous one, and means you can claim a refund of the 3% surcharge if you sell that main residence within 3 years of buying your new main residence.

I still think you will be exempt as you are purchasing a primary residence. The same as someone who lives in rented and has never owned a home will not pay the 3% stamp duty surcharge. The only differences are: you are not a first time buyer, and you own a second non-primary residence in the UK and abroad.

My understanding is that none of these will trigger the 3% for you, but you will want to check with an accountant or well-versed property solicitor to make sure.