Relocating back to UK

[tgsuperspec]

Hi..

Anyone yet sorted out the situation where your primary residence currently is in Spain. We are tax resident in Spain and are therefore NT coded by HMRC and we do a Spanish tax return each year.

We now want to return to UK and have had an offer accepted on a property, It appears both to our UK solicitor and us, from reading the Gov WEB site on SDLT that we have to pay the higher rate, even though we do not have a primary residence in UK.

We are planning to sell the Spanish property after relocating back, we have the cash to purchase the UK property so its for our convenience that we are splitting the sell/buy ,.

What is confusing us is that no where in the refund section of the WEB pages of SDLT does it consider a sale of the first property when this is not in the UK and not subject to any UK HMRC rules.

If its simply the case that you tell HMRC you have sold under Spanish law the first property, then this is open to abuse..

Anyone have any ideas ??

Tried to talk to HMRC but from here this is nearly impossible since they do not publish help telephone number starting +44 and some of the 0845 and 0300 don't work..

Thanks ,,,

[section 44]

Anyone yet sorted out

?

Anyone have any ideas ??

?

... the higher rate only applies to additional UK (other than Scotland) residential properties

[tgsuperspec]

That we understand, we are buying in UK but own in Sain, this does count double but its getting refund when we sell Spain that's the question !

[section 44]

That we understand

clearly

[tgsuperspec]

Whats clearly !

Can we request a refund once Spanish property sold or Not ????

I can't get a definitive answer

[maths]

If the Spanish property is your sole or main residence which is sold and replaced by the acquisition of a UK sole or main residence then the 3% charge does not apply.

Depending upon the timing of sale and purchase the refund mechanism applies.

[tgsuperspec]

If the Spanish property is your sole or main residence which is sold and replaced by the acquisition of a UK sole or main residence then the 3% charge does not apply.

Depending upon the timing of sale and purchase the refund mechanism applies.

Where on WEB site is this stated.

Can't find any text that specifies the refund can be applied to a non UK Sale ? I hope you are right we are cash buying the UK property and selling the Spanish once we have moved back.. its impossible to sync two sales in different countries, the sale process in Spain is different to UK in many ways..