LBTT - additional 3%

[GML]

I am looking for guidance regarding the 3% additional LBTT.

When myself and my partner first got together we both owned our own properties. We have since moved in together and have a child and are living as a family in my partners property and I rent out mine.

We are looking to sell my partners property and buy a new family home in joint names. Having looked through the guidelines regarding the definition of ‘main residence’ it would seem we are not liable for the following reasons:

1. The property being replaced is where we live together as a family with our young child, and although he is not of school age it is where he is registered with his nursery and where he would go to school.
2. It is the property we are both registered to vote at
3. The property we live in is in the city where we work. The rented property is 50 miles away.
4. It is the address I am registered with for my bank, Doctor, HMRC etc

Revenue Scotland don’t seem to be able to give straight answers but have pointed us in the direction of LBTT technical bulletin 2 - 22 May 2017.

I would be grateful if anyone is able to clarify if the additional 3% applies or not?

Many thanks,

[bd6759]

Unfortunatley, as the legislation stands, you are not disposing of an interest in a property that is or was your main residence.

However, there is draft legislation in the pipeline that will exempt co-habitees as long they are replacing the residence that they both live in. There is no date for the implementation of this change yet, but the legislation, if passed, will apply to transactions on or after 30 June 2017.

The explanatory note explains the purpose of the change. http://www.legislation.gov.uk/sdsi/2017 ... 8/contents

[GML]

That great, thanks for your help and prompt response. Fingers crossed the legislation is passed quickly.