Postby maths » Thu Apr 20, 2017 1:21 pm
Presumably the job related accommodation is occupied under licence or a short lease ie the occupiers do not possess a major interest in that property for SDLT purposes.
Irrespective of any election re a main residence such election is only relevant for CGT, not SDLT, purposes.
On the purchase of P3 (the intended main residence) P2 will have been sold but ownership of P1 will remain. Thus, P3 will not have replaced an earlier main/sole residence and hence the 3% charge will apply on P3's purchase.
If both P1 and P2 are sold prior to the acquisition of P3 then the 3% charge is not automatically avoided. Prima facie, it would not seem to be the case in such circumstances that P1 was de facto a residence within 3 years of the acquisition of P3 (a condition of replacement of a residence).
Similarly, there appears to be no grounds for any reclaim of any 3% charge imposed on purchase.