non-resident LL with a UK rental property

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ou’ve got most of it right! Here’s a breakdown of the SDLT situation for your scenario:

  • Non-Resident Surcharge (2%): This applies as you’re currently a non-resident landlord.
  • Main Residence Replacement Relief: You’re on the right track about potentially avoiding the additional 3% surcharge for non-residents buying additional properties (second homes). This relief applies if you’re selling your main residence abroad (France in your case) and buying a new main residence in the UK.

Here’s what you need to consider to qualify for Main Residence Replacement Relief:

  • Selling Your Main Residence: You must have sold (or be in the process of selling) your main residence abroad before purchasing the new one in the UK.
  • Timeframe: There’s a timeframe to claim this relief. You typically have 3 months before or 12 months after buying the new UK property to sell your existing main residence.

Resources and Next Steps:

  • For the official information on Main Residence Replacement Relief, you can refer to the UK government website: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09812
  • It’s advisable to consult with a tax advisor specializing in property transactions. They can assess your specific situation and confirm eligibility for the relief. This ensures you navigate the process smoothly and claim any applicable reliefs.

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