Property Abroad + Higher Rate SDLT (England)

[Capybara2]

My wife and I have just accepted an offer on a flat we are selling and had our offer accepted on a house we are buying (both in England). The flat which we are selling is owned by my wife (I am not on the deeds), and is her & mine main residence - as will be the house we are buying.

I also own a house in Poland, which my dad transferred over to me years and years ago. I do not live there and do not draw any profits from it. It is not my main residence.

Given these circumstances, will we have to pay the higher rate stamp duty?

Is your Polish property worth more than £40k?

Afraid so, yeah.

Afraid so, yeah.

I think you’ll be fine as it’s exchanging a main residence for a main residence.

My understanding is that because you are selling one and acquiring one = no additional SDLT

If you weren’t selling your GFs flat and just acquiring a new property - then you would be eligible to pay the higher rate.

Quite a lot on this online reflecting the above.

This isn't correct. He owns another property that he isn't disposing of on the same day so it'll attract the additional charge.

I disagree. The policy is a mess though, and shouldn’t be so confusing.

See here: www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09810

As you are married, you have one main residence for SDLT purposes. That’s the flat.

You are selling your main residence and replacing it with another main residence. No additional SDLT charge due.