Home › Forums › Patrick Cannon › When does residence exemption from the 3% additional SDLT rate apply? › Reply To: When does residence exemption from the 3% additional SDLT rate apply?
From the facts you give, if he owns the fishery flat either freehold or on a lease of more than 7 years he could sell that and then claim the replacement of main residence exception on his purchase even though the fishery flat were classed as mixed use (which it may not be if it is a separate dwelling). So I think that he does currently have a main residence but because he is not disposing of it he will have to pay the additional charge on his purchase. However if he sells the fishery flat within three years of the purchase he could claim a refund of the additional charge.