Land Registry Tax, wife First time buyer

[asifhansari]

Dear All,

1. I had bought a property few years back, under my name and we had to move to different location after 5 yrs. Now the house is on Let.
2. Currently living in Rented property and wife wants to buy house.

Question is: When my wife makes an application for buying "her first", or first time buyer, wil the land tax be for first time buyer, approx 19-20K, aware of change in rules from 01 April 2025
because when I am putting in the land register, might be making a mistake (as i am selecting previous property, which she does not own), should i select no previous property?
Thanks

You can't select no previous property if you've previously had a property, no.

If she is buying jointly with someone who has owned before I.e. you, first time buyers relief doesn't apply.

If you are married or in a civil partnership you’re essentially considered a single entity and the rule 'reads across' ownership between you and your spouse or civil partner: your wife has a legal interest in your property and isn’t considered a first time buyer. She’ll be asked to declare in writing whether she has an interest in another property. Usually when a married person is buying a property solely in their own name, the solicitor will specifically ask whether their spouse already owns or has owned property, they know some people proceed as sole buyers to attempt to sneak around SDLT.

You are not first time buyers as you are a married couple. You will need to pay the higher SDLT rates.

Thanks

This. You'll actually need to pay 5% extra due to owing a second property.