Does the 3% additional rate apply when a spouse buys a new residence?

[Sam]

Hi, We have a situation where A & B are couple. A alone owns a flat and A&B live in it as main residence. B alone wants to purchase another home as their main residence to move in. Does this result in 3% surcharge?

[Justin Bryant]

Yes (assuming he has not sold the flat by the completion date of the new purchase), although arguably if they are married and the wife has previously sold her main residence (and has not since acquired another property) then that might work.

[Patrick]

Assuming that the couple are married or in a civil partnership then if the existing flat is sold on or within 3 years before the new acquisition the 3% is avoided. If the flat is retained but sold within 3 years after the acquisition then the 3% is charged initially but can be reclaimed.

[Author]

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