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Is additional SDLT due?

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Mr X is married but separated from Mrs X. As I understand it, they will never live again as man & wife, but don’t see the need to get divorced. 

The ‘family’ home is owned 99% Mrs X, 1% Mr X (his income was required for the mortgage). Mr X doesn’t live there. His 1% <£40k. They owned another house 50/50 which was sold in Oct 17. Last year they purchased another house 50/50 for Mr X to live in, although instead it is let out and he rents a flat nearer work. 

If they buy a BTL 50/50, I think that there will be the 3% SDLT surcharge, but he doesn’t. 

Will there be?

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By JohnShallcross
21st Sep 2019 07:08

Yes, the extra 3% will be due. All of Conditions A to D here https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdlt... will be met by each of them. The "replacement exception" (that is by failing Condition D) has a number of elements https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdlt... but can only assist where a main residence is replaced and cannot work in the buyers' favour on the basis that a let property was sold and is being "replaced" by another!

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