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Higher rate SDLT

Higher rate SDLT

Not sure of the legislation on this one:

A client lives with her partner who owns the house in which they live.

Client owns two other properties in sole name.

My reading of the proposed legislation (is it still only proposed)? is that although she does not own the house in which she lives, when the partner sells the house and they jointly buy a home, the transaction is not subject to the higher rate of SDLT as they are replacing the home in which they live with another home (regardless of ownership).

Or should the reading be that since my client doesn't jointly own the home, she isn't replacing the home and thus the transaction gets the higher rate treatment.



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