SDLT Main Residence and BTL

[Dreaming]

Hello everyone. If anyone can help it would be very much appreciated. I purchased a house and lived in it as my main residence, I then converted it to a BTL and purchased a new main residence. This was before the additional stamp duty charge was introduced. I now wish to sell my main residence and purchase a new main residence but keep the BTL. I have received advice that the standard rate applies on the new purchase so long as I sell my current main residence however before I received this I called the HMRC helpline and was advised the higher rate applies as the BTL was once my main residence and both properties would need to be sold.

[AGoodman]

Listen to the proper advice you have received. HMRC helpline is talking absolute cack. You only have to sell one property that meets this criteria:

"at any time during the period of three years referred to in paragraph (b) the sold dwelling was the purchaser's only or main residence"

There is nothing in the legislation requiring you to sell ALL properties that have been your residence.

If you are a sucker for punishment, you can see the rules set out at para 3 here: https://www.legislation.gov.uk/ukpga/2003/14/schedule/4ZA

(bear in mind you want meet the requirements of para 3(6) so that you FAIL Condition D in para 3(5))

Para 7 covers the situation where you sell your prior home in the three years after buying the new home, rather than before.

[Dreaming]

Thank you very much for all your help.